Orange County NC Website
Browse       Search
11 <br /> Recommendations in RED <br /> unreasonably loud and disturbing noise, determining noise level violations of this Article and issuing of <br /> warnings or notices as provided for in this Article. <br /> (2) Upon his or her determination that there is probable cause to believe that a violation of this Article has <br /> occurred, the Orange County Sheriff shall determine the source of the noise and the person responsible <br /> for it and promptly notify the person responsible for the noise of the fact that a violation has occurred. <br /> (3)Any person or persons violating this Article shall be first warned of the unlawfulness of such noise <br /> activity and be given a reasonable opportunity to peacefully disperse, discontinue or to abate such noise <br /> condition prior to being subject to further enforcement action. Not more than one warning shall be given <br /> for a violation, and additional warnings will not be given for a continuing violation. <br /> (4) Failure on the part of the person or persons responsible to timely comply with the Sheriff's directive to <br /> eliminate the violation or to otherwise abate the violation, after notification, shall constitute a violation of <br /> this Article. <br /> (5)An arrest, citation or complaint for the violation of any part of this Article must be based on probable <br /> cause arising from objective evidence of the following: <br /> a. A specifically prohibited noise identified in section 16-52. (Provides minimum noise protection and the <br /> least inclusiveness of the types of noises prohibited); and/or <br /> b. Physical sense perceptions and observations of unreasonably loud and disturbing noise as defined in, <br /> and proscribed in subsection 16-53(a), at the time and place such is occurring (provides intermediate <br /> noise protection and intermediate inclusiveness of the types of noises prohibited); and/or <br /> c. Noise that exceeds the maximum permissible sound levels prescribed in subsection 16-53(b) of this <br /> Article (provides maximum noise protection and maximum inclusiveness of the types of noises <br /> prohibited); and/or <br /> d. Noise that violates any combination of the foregoing. <br /> (6) For purposes of this Article the "Orange County Sheriff'shall include the Sheriff and any Deputy <br /> Sheriff of Orange County. <br /> (b) Civil penalties. <br /> (1)Any person violating any of the provisions of this Article shall be subject to a civil penalty of$100.00. <br /> Each day of a continuing violation shall constitute a separate violation under this subsection. <br /> (2)The county manager, or his or her designee, shall be authorized to assess civil penalties under this <br /> Article and shall make written demand for payment upon the person responsible for the violation and shall <br /> set forth in detail the violation for which the penalty has been invoked. If payment is not received or <br /> equitable settlement reached within 60 days after demand for payment is made, the matter shall be <br /> referred to the county attorney for institution of a civil action in the name of the county in the appropriate <br /> division of the General Court of Justice of Orange County for recovery of the penalty. Any sums <br /> recovered shall be used to carry out the purposes and requirements of this Article. <br /> (c) Criminal penalties. Any person who violates any provision of this Article shall be deemed guilty of a <br /> class 3 misdemeanor punishable by imprisonment not to exceed 15 days or by fine not to exceed <br /> $500.00, or both. Each day of a continuing violation shall constitute a separate violation under this <br /> subsection. <br />