ZEBULON — Your barking dog could get you a ticket if town commissioners approve a proposed new ordinance.The new law would allow police to write citations for civil infractions.Police Chief Tim Hayworth presented the ordinance to commissioners last week.Police currently have the authority under state law to enforce local civil ordinances, but the process is a cumbersome one that lands the accused in criminal court where their cases are often dismissed.Hayworth said adopting a local law to give police civil authority would prevent clogging the court system and it would also result in meaningful penalties for people who violate town ordinances.Among the most common civil violations Hayworth said his officers see are cars parked in fire lanes, dogs barking uncontrollably in residential neighborhoods and commercial vehicles parked in residential neighborhoods.“You can go to Triangle East Shopping Center just about any time and see three or four cars parked in front of Food Lion. There will be three people in the store and they’ve left Grandma sitting in the car. They think it’s OK, but it’s not,” Hayworth said.The fines for civil penalties would range from $15 to $100 depending on the seriousness of the violation and the number of times a person has been cited for the same violation.Hayworth said those fines are also more in keeping with the nature of the violation than criminal penalties in District Court, where court costs alone come in above $120.The proposed ordinance would also include an appeal process for people who believe they were cited incorrectly.If approved as presented, the panel that would hear appeals would include appointees from the police department, the planning department and the town manager. The panel would also include a civil employee.If the appeals panel, which would meet quarterly, decides against the person cited, the violator would have no other route of appeal, but they could file a complaint in Superior Court alleging that the town has improperly cited them.Mayor Bob Matheny asked Hayworth how the town would collect civil penalties.The chief said a violator would have 10 days to pay off a citation. If they don’t, the town would send the person a reminder.
If the penalty still isn’t paid, Hayworth said the town would have two options — contracting with a collection agency or issuing a criminal citation.Hayworth said he would rather issue the criminal citation.“I think most people would rather pay the civil penalty than have a criminal summons issued against them,” Hayworth said.If commissioners approve the proposal at their meeting in July, the ordinance would go into effect Aug. 1.Hayworth said his department would begin a 60-day education effort by issuing warning citations.






