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TEXT AMENDMENT REQUEST: (Internal)
Development Services Department
108 E. Front Street
P.O. Box 65, Lillington, NC 27546
Phone: (910) 893-7525 Fax: (910) 893-2793
Planning Board:
April 3, 2017
County Commissioners:
April 17, 2017
Applicant Information
Applicant:
Name:
Harnett County Development Services / Requested By: Harnett County Sheriff’s Office
Address:
PO Box 65
City/State/Zip:
Lillington, NC 27546
E-mail:
rbaker@harnett.org
Phone:
(910) 893-7525 ext. 6417
Type of Change
New Addition Revision
O
rdinance:
Noise Ordinance
Article:
N/A
Section:
4,5,8,9,11,18,19,20,21
Current Text:
See attached
Proposed Text: (Attach additional sheets
if necessary)
See attached
Reason for Requested Change:
To amend the Harnett County Noise Ordinance in order to decriminalize the enforcement and establish a method of appeal
and settlement for violations.
Additional Information
On April 3rd, the Harnett County Planning Board were informed of the proposed amendment.
The following items were expressed
as areas of concern by the board members:
* The amount of the fine may be too high.
* The time allowed to pay the fine should be extended from 15 days to 30 days.
* The Ordinances should
be publicized in a manner to educate the general public prior to enforcement.
* The Appeal Board should not include a representative from the Sheriff’s Office or the BOC.
The ability to ensure due process was questioned with the proposed configuration of the Appeal Board.
* The elimination of criminal enforcement takes away the judicial
review process from the violator.
* Civil enforcement places the burden of proving ones innocence on the violator, rather than the court
having to prove ones guilt.
* One citizen
spoke at the meeting and stated that this method of enforcement was considered by him to
be an example of government overreach and demanded his judicial review process.