Orange County NC Website
12 <br />Article VI: Burden of Proof Regarding Exceptions <br />In any proceeding based upon this ordinance, if an exception stated in this <br />ordinance would limit obligation, limit liability, or eliminate either an obligation or liability, <br />the person whom would benefit from the application of the exception shall have the <br />burden of proving that the exception applies and that the terms of the exception have <br />been met. <br />Article VII: Violations and Penalties <br />(1) Violations <br />(a) The Orange County Sheriff shall be responsible for the enforcement of <br />this Ordinance, including responding to complaints concerning possible <br />noise, such as specifically prohibited noise and unreasonably loud and <br />disturbing noise, determining noise level violations of this Ordinance <br />and issuing of warnings or notices as provided far in this Article. <br />(b) Upon his or her determination that there is probable cause to believe <br />that a violation of this Ordinance has occurred, the Orange County <br />Sheriff shall determine the source of the noise and the person <br />responsible for it and promptly notify the person responsible for the <br />noise of the fact that a violation has occurred, <br />(c) Any person or persons violating this Ordinance shall be first warned of <br />the unlawfulness of such noise activity and be given a reasonable <br />opportunity to peacefully disperse, discontinue or to abate such noise <br />condition prior to being subject to further enforcement action. Not more <br />than one warning shall be given far a violation, and additional warnings <br />will not be given for a continuing violation. <br />(d) Failure on the part of the person or persons responsible to timely <br />comply with the Sheriffs directive to eliminate the violation or to <br />otherwise abate the violation, after notification, shall constitute a <br />violation of this Ordinance, <br />(e) An arrest, citation or complaint for the violation of any part of this <br />Ordinance must be based on probable cause arising from objective <br />evidence of the following: <br />