§ 74D-11. Enforcement.
§ 74D‑11. Enforcement.
(a) The Board isauthorized to apply in its own name to any judge of the Superior Court of theGeneral Court of Justice for an injunction in order to prevent any violation orthreatened violation of the provisions of this Chapter.
(b) Any person, firm,association, corporation, or department or division of a firm, association orcorporation, or their agents and employees violating any of the provisions ofthis Chapter or knowingly violating any rule promulgated to implement this Chaptershall be guilty of a Class 1 misdemeanor. The Attorney General, or hisrepresentative, shall have concurrent jurisdiction with the district attorneysof this State to prosecute violations of this Chapter.
(c) The regulation ofalarm systems businesses shall be exclusive to the Board; however, any city orcounty shall be permitted to require an alarm systems business operating withinits jurisdiction to register and to supply information regarding its license,and may adopt an ordinance to require users of alarm systems to obtainrevocable permits when alarm usage involves automatic signal transmission to alaw‑enforcement agency.
(d) In lieu ofrevocation of suspension of a license or registration under G.S. 74D‑10,a civil penalty of not more than two thousand dollars ($2,000) may be assessedby the Board against any person who violates any provision of this Chapter, orany rule of the Board adopted pursuant to this Chapter. In determining theamount of any penalty, the Board shall consider the degree and extent of harmcaused by the violation. The clear proceeds of all penalties collected underthis section shall be remitted to the Civil Penalty and Forfeiture Fund inaccordance with G.S. 115C‑457.2.
(e) Proceedings for theassessment of civil penalties shall be governed by Chapter 150B of the GeneralStatutes. If the person assessed a penalty fails to pay the penalty to theBoard, the Board may institute an action in the superior court of the county inwhich the person resides or has his principal place of business to recover theunpaid amount of the penalty. An action to recover a civil penalty under thissection shall not relieve any party from any other penalty prescribed by law.
(f) The sale,installation, or service of an alarm system by an unlicensed or unregisteredperson shall constitute a threat to the public safety, and any contract for thesale, installation, or service of an alarm system shall be deemed void andunenforceable. (1983,c. 786, s. 1; 1989, c. 730, s. 8; 1991 (Reg. Sess., 1992), c. 953, s. 10; 1993,c. 539, s. 558; 1994, Ex. Sess., c. 24, s. 14(c); 1998‑215, s. 127; 2009‑557,s. 7.)