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Consider Enacting Changes to the Town Noise Ordinance to Clarify Criminal Penalties.
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Staff:
Department:
Maurice Jones, Town Manager
Manager's Office
Mary Jane Nirdlinger, Deputy Town Manager
Ann Anderson, Town Attorney
Town Attorney's Office
Overview: The Town's Noise Ordinance (Chapter 11, Art. III) prior to June of 2021 allowed violations to be enforced primarily through criminal penalties of up to $150 and/or up to 10 days in jail.
The Town Council changed the Ordinance to eliminate criminal penalties and limit enforcement to civil remedies. The civil citation range was formalized to start at $25 and increase to $500 for repeat violations. The ordinance retained the Town's authority to seek injunctive or other equitable remedies in civil court as necessary. The proposed change to the ordinance would provide some level of discretion for the Town to utilize civil or criminal penalties in the rare case violators refuse to cease the offending behavior.
The amendments to these ordinances occur in the enforcement sections: Noise, Secs. 11-42 and 11-43.
Recommendation(s):
That the Council enact the proposed changes to the Town's Noise Ordinance, which it can do tonight.
Decision Points:
* Does the Town Council wish to enact changes to the Noise Ordinance?
Fiscal Impact/Resources: The Town does not expect a significant change in costs or revenues because of this change.
Attachments:
* Ordinance
AN ORDINANCE AMENDING CHAPTER 11, Art. III (NOISE) TO CLARIFY CRIMINAL PENALTIES (2021-09-01/O-3)
WHEREAS, for the health, safety, and welfare of its residents and guests, the Town of Chapel Hill would benefit from a clear and effective set of remedies for violations of the Town's noise ordinance to prevent repeated disruptive offenses; and
WHEREAS, the Council seeks to address violations of these ordinances primarily through its existing scheme of civil penalties, but also retain the option of criminal penalties in the event they ...
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