§ 1-8. General penalty.

(a)

In this section, the term "violation of this Code" means any of the following:

(1)

Doing an act that is prohibited or made or declared unlawful, an offense, a violation, an infraction, a public nuisance or a misdemeanor by ordinance or by rule or regulation authorized by ordinance.

(2)

Failure to perform an act that is required to be performed by ordinance or by rule or regulation authorized by ordinance.

(3)

Failure to perform an act if the failure is prohibited or is made or declared unlawful, an offense, a violation, an infraction, a public nuisance or a misdemeanor by ordinance or by rule or regulation authorized by ordinance.

(b)

In this section, the term "violation of this Code" does not include the failure of a town officer or town employee to perform an official duty unless it is specifically provided that the failure to perform the duty is to be punished as provided in this section.

(c)

Except as otherwise provided by law, ordinance or regulation and listed on Appendix D, Table of Ordinance Fines, a person who violates this Code shall be punished by a fine not to exceed the amount permitted pursuant to G.S. § 7-148)(c)(10)(a).

(d)

Except as otherwise provided by law or ordinance:

(1)

Each day that a violation of this Code continues shall be considered a separate offense.

(2)

Each repetition of a violation of this Code shall be considered a separate offense, irrespective of continuity with respect to time.

(e)

The imposition of a penalty does not prevent suspension or revocation of a license, permit or franchise or other administrative sanctions.

(f)

Violations of this Code that are continuous with respect to time are a public nuisance and may be abated by injunctive or other equitable relief. The imposition of a penalty does not prevent injunctive relief.

(Code 1972, § 1-8; Ord. of 6-28-1976; Ord. of 1-26-1981; Ord. of 5-19-1986; Amd. of 5-17-2010, § 1)

State law reference

Penalties for ordinance violations, G.S. § 7-148(c)(10)(A).