Rocky Mount

1. No alarm user shall operate, or cause to be operated, an alarm system at its alarm site without a valid alarm registration. A separate alarm registration is required for each alarm site.

2. Upon receipt of a completed alarm registration application form and the alarm registration fee, the alarm administrator shall register the applicant unless the applicant has:

   1. Failed to pay a penalty assessed under section 3-7; or

   2. Had an alarm registration for the alarm site suspended or revoked, and the violation causing the suspension or revocation has not been corrected.

3. Each alarm registration application must include the following information:

   1. The name, complete address (including apartment/suite number), and telephone numbers of the person who will be the registration holder and be responsible for the proper maintenance and operation of the alarm system and payment of fees assessed under this chapter;

   2. The classification of the alarm site as either residential (includes apartment, condo, mobile home, etc.) or commercial;

   3. For each alarm system located at the alarm site, the classification of the alarm system (i.e. burglary, holdup, duress, panic alarms or other) and for each classification whether such alarm is audible or silent;

   4. Mailing address, if different from the address of the alarm site;

   5. Any dangerous or special conditions present at the alarm site;

   6. Names and telephone numbers of at least two (2) individuals who are able and have agreed to:

      1. Receive notification of an alarm system activation at any time;

      2. Respond to the alarm site within thirty (30) minutes at any time; and

      3. Upon request can grant access to the alarm site and deactivate the alarm system if necessary.

   7. Type of business conducted at a commercial alarm site;

   8. Signed certification from the alarm user stating the following:

      1. The date of installation, conversion or changeover of the alarm system, whichever is applicable;

      2. The name, address, and telephone number of the alarm installation company or companies performing the alarm system installation, conversion or changeover and of the alarm installation company responsible for providing repair service to the alarm system;

      3. The name, address and telephone number of the monitoring company if different from the alarm installation company;

      4. That the alarm user has obtained a set of written operating instructions for the alarm system, including written guidelines on how to avoid false alarms; and

      5. That the alarm user has received training in proper use of the alarm system, including instructions on how to avoid false alarms.

4. Any false statement of a material fact made by an applicant for the purpose of obtaining an alarm registration shall be sufficient cause for refusal to issue a registration.

5. An alarm registration cannot be transferred to another person or alarm site. An alarm user shall inform the alarm administrator of any change that alters any of the information listed on the alarm registration application within five (5) business days of such change.

6. All civil penalties owed by an applicant under this chapter must be paid before an alarm registration may be issued or renewed.

Alarm registration duration and renewal.
An alarm registration shall expire three (3) years from the date of issuance, and must be renewed by submitting an updated application to the alarm administrator. The alarm administrator shall notify each alarm user of the need to renew thirty (30) days prior to the expiration of the registration. It is the responsibility of the alarm user to submit an application prior to the registration expiration date. Failure to renew will be classified as use of a non-registered alarm system.

1. Civil penalties for false alarms shall be assessed as provided in this section.

2. An alarm user shall be liable for civil penalties, depending on the number of false alarms within the calendar year, based upon the following schedule:

   1. False alarm civil penalties:

      • Penalty 1-3: no fine

      • Penalty 4: $50

      • Penalty 5: $50

      • Penalty 6: $100

      • Penalty 7: $100

      • Penalty 8: $250

      • Penalty 9: $250

      • Penalty 10 or more: $500

3. In addition, any person operating a non-registered alarm system will be liable for a civil penalty of one hundred dollars ($100.00) for each false alarm in addition to any other penalties. The penalty for a non-registered system shall be waived if the alarm user submits an application for alarm registration within ten (10) days after of notification of such violation.

4. An alarm user shall have the option of attending an alarm user awareness class in lieu of paying one (1) of the prescribed penalties.

5. If cancellation occurs prior to law enforcement arriving at the scene no false alarm shall be deemed to have occurred and no civil penalties shall be assessed.

6. If the officer responding to the false alarm determines that an on-site employee of the alarm installation company directly caused the false alarm, no false alarm shall be deemed to have occurred and no civil penalties shall be assessed.

7. Notice of the right of appeal under this chapter will be included with any penalties.

• Application must be submitted to a representative of the Chief of Police at least seven (7) days prior to the date for the actual use of the sound producing equipment.

• If sound producing equipment is to be used on private property (other than the applicant's), the owner of the property must consent in writing.

• No permit will be issued allowing sound equipment between 10 p.m. and 9 a.m.

• No permit will be issued for use of sound equipment on a vehicle or other device in motion.

• No permit will be issued where some other event has been scheduled for the same street, park, or other public place.

• No permit will be issued within 500 feet of a school, courthouse, synagogue, or other place of worship, hospital, nursing home, or other institution caring for the sick, aged, or infirmed.

• According to the ordinance, the use of sound equipment will be denied if it will endanger the safety of pedestrians or vehicle operators.

• This permit allows the holder to temporarily have amplified sound that can be heard from more than 100 feet from its source or off the property of the person with the amplified sound which would normally be a violation of the city code 10-152. However this permit may be revoked excessive violation of this ordinance or the terms and conditions of a permit; or due to a material misstatement of any fact on the application for a permit. If your noise level is at such a volume that it disturbs others right to enjoy their property this permit will be revoked after one warning if the condition persist.

A written application on a form supplied by the city shall be made to the chief of police by persons desiring to have a parade or demonstration. Such applications shall be submitted at least seventy-two (72) hours in advance. The application shall be signed by the applicant and shall include the following:

• The name, address and telephone number of the applicant;

• If the parade or demonstration is proposed to be conducted for, on behalf of or by an organization, the name, address and telephone number of the headquarters of the organization and of the authorized and responsible head of such organization;

• The name, address and telephone number of the person to be present and responsible for the conduct of the parade or demonstration;

• The date when the parade or demonstration will be conducted;

• The location by streets of any assembly areas for such parade or demonstration;

• The time when units of the parade or demonstration will begin to assemble at any such assembly area or areas;

• The times when the parade or demonstration will begin and terminate;

• The route to be traveled, the starting point and the termination point, or the location if stationary;

• A statement as to whether the parade or demonstration will occupy all or only a portion of the width of the streets, sidewalks, parks, alleys or other public places proposed to be traversed or occupied;

• The approximate number of persons, animals and vehicles expected to participate, and the type of animals and a description of the vehicles;

• Whether minors are likely to participate.

Applications for permits under this article shall be processed and decisions made as expeditiously as possible, and at least within forty-eight (48) hours. If the application was submitted more than seven (7) days in advance of the event, the permit, alternate permit or written notice of denial shall be mailed to the applicant. Otherwise, the police department shall exercise reasonable diligence in attempting to notify the applicant of the action taken as soon as possible by telephone or other means. Any person aggrieved by action taken on a permit application may file a written notice of appeal, first with the city manager and then with the city council.

Sec. 13-86.

1. It shall be unlawful for any person, acting as a peddler, solicitor or itinerate merchant, or any person acting as an assistant to any peddler or solicitor to go in or upon, or permit his representative to go in or upon any public area, private residence or premises in the city for the purpose of soliciting orders for the sale of goods, wares, periodicals or merchandise, or for the purpose of distributing, disposing of, peddling, selling, or hawking the same, or act as an assistant to any peddler or solicitor, without first obtaining a permit therefore as provided in this division.

2. Any itinerant merchant shall be permitted under the name of said business and if none exist, under the merchant's name. Any assistants to an itinerant merchant shall be considered included under this permit and shall not require further licensing.

3. Any peddler or solicitor shall be permitted under the name of said business, and if none exist, under the peddler or solicitor's name. Any assistants to a peddler or solicitor shall be required to also be permitted.

4. Solicitation in public parks. Solicitation in public parks is prohibited except by civic or nonprofit organizations provided such solicitations or sales are made without remuneration to the individual solicitor. Application must additionally be made to the director of parks and recreation as required in section 15-28

5. If a dispensing vehicle is to be used, it must be operated in a sanitary manner and must be available at reasonable hours for periodic inspection by the chief of police. Such vehicle shall be kept in a sanitary manner and its operations shall not endanger the health or safety of the citizens of the city and will not obstruct the normal flow of traffic on the streets or create a traffic hazard thereon.

6. It shall be unlawful for any itinerant merchant to conduct business on any property without the written permission from the property owner or current property lessee.

7. It shall be unlawful for any peddler to go upon the residential property of any person without prior invitation before 9:00 a.m. or after sundown.

8. Any person required under section 13-86 to obtain a permit shall also be required to obtain any and all other city, county, or state permits or licenses required for the activity engaged in. Such person shall also be required to comply with all zoning requirements. Any person who operates under any permit required by section 13-86 who is notified they do not have any additional required permits or who are in violation of zoning restrictions must cease operation immediately and may not begin operation again under the guise of any permit required by section 13-86 until such other license or permits are properly obtained or any zoning violation is corrected. It shall be unlawful to resume operation until such permits or license have been obtained or such zoning violation is corrected after being ordered by the chief of police to cease operations under this section.

(Ord. No. O-2010-50, § 1, 6-14-10)

13-87 Application.

Any person or assistant eighteen (18) years of age or older desiring to engage in the business or practices set forth in section 13-86 shall file with the chief of police an application furnished by the police department for a permit to do so. The application shall be in writing, and shall show the applicant's name, age, current place of residence, the nature of employment during the preceding year, the address and nature of business of his or her employer or principal, if any, and shall specify the goods, wares, periodicals or other merchandise to be offered for sale. The application shall state whether or not the applicant has been convicted of any crime within the past ten (10) years and, if so, the nature of the crime and the date and place of conviction. The applicant as well as any assistant shall also submit to fingerprinting and photographing.

(Ord. No. O-2010-50, § 1, 6-14-10)

Sec. 13-88. - Investigation required.

1. The chief of police, or designee, shall conduct an investigation of any applicant for peddlers/solicitation permit within the City of Rocky Mount. It shall be a precondition of acceptance that an applicant, upon request, shall provide fingerprints and all other personal identification including a birth certificate, social security number and driver's license, if available, so that the chief of police may cause a thorough search to be made of local and state criminal records to determine if the applicant has a history of criminal convictions by the use of the division of criminal information (DCI). The chief of police shall have ten (10) days to complete any required background investigation under this division unless the city manager certifies in writing that additional time is needed for the chief of police to complete the investigation.

2. The Rocky Mount Police Department shall provide the findings from the use of the DCI to the city manager or designee; provided that all necessary agreements with the State Bureau of Investigations Division of Criminal Information have been executed.

3. An evaluation of any crime for the purposes of issuance of a peddlers/solicitation permit will take into account the nature of the offense, time frame of the offense, and the time for the offense as it relates to the permit application.

4. Prior to denial or termination of permit based upon criminal history record information (CHRI), the Rocky Mount Police Department shall verify the existence of a record by either obtaining a certified public record or by submitting a fingerprint card of the individual to the criminal information and identification section for verification that the CHRI record belongs to the individual.

(Ord. No. O-2010-50, § 1, 6-14-10; Ord. No. O-2012-61, § 1, 6-25-12)

Sec. 13-89. - Issuance.

The chief of police shall issue the requested permit if all requirements for the same have been met unless he or she finds in writing, and so advises the applicant, that:

1. The correct permit fee has not been tendered to the city, and, in the case of a check, or bank draft, not honored with payment upon presentation; or

2. That the operation of the commercial or professional enterprise as proposed by the applicant, if permitted, would not comply with all laws, including, but not limited to, the city's zoning and health regulations; or

3. The applicant, if an individual, or any of the stockholders holding more than ten (10) percent of the stock of the corporation, any of the officers and directors, if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership, or the manager or other person principally in charge of the operation of the business, have been convicted or any of the following offenses:

   1. A robbery, burglary, or any other offense involving the use of force and violence upon the person of another within the past ten (10) years;

   2. An offense involving sexual misconduct, trespass, destruction of property, theft, fraud, embezzlement, within the past five (5) years;

   3. An offense involving narcotics, dangerous drugs or dangerous weapons; or

4. The applicant is a registered sex offender; or

5. The applicant has knowingly made any false, misleading, or fraudulent statement of a material fact in the permit application or in any document required by the city in conjunction therewith; or

6. The applicant, if an individual, or any of the officers and directors, if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership; and the manager or other person principally in charge of the operation of the business, is not over the age of eighteen (18) years.

A written application on a form supplied by the city shall be made to the chief of police by persons desiring to have a parade or demonstration. Such applications shall be submitted at least seventy-two (72) hours in advance. The application shall be signed by the applicant and shall include the following:

• The name, address and telephone number of the applicant;

• If the parade or demonstration is proposed to be conducted for, on behalf of or by an organization, the name, address and telephone number of the headquarters of the organization and of the authorized and responsible head of such organization;

• The name, address and telephone number of the person to be present and responsible for the conduct of the parade or demonstration;

• The date when the parade or demonstration will be conducted;

• The location by streets of any assembly areas for such parade or demonstration;

• The time when units of the parade or demonstration will begin to assemble at any such assembly area or areas;

• The times when the parade or demonstration will begin and terminate;

• The route to be traveled, the starting point and the termination point, or the location if stationary;

• A statement as to whether the parade or demonstration will occupy all or only a portion of the width of the streets, sidewalks, parks, alleys or other public places proposed to be traversed or occupied;

• The approximate number of persons, animals and vehicles expected to participate, and the type of animals and a description of the vehicles;

• Whether minors are likely to participate.

Applications for permits under this article shall be processed and decisions made as expeditiously as possible, and at least within forty-eight (48) hours. If the application was submitted more than seven (7) days in advance of the event, the permit, alternate permit or written notice of denial shall be mailed to the applicant. Otherwise, the police department shall exercise reasonable diligence in attempting to notify the applicant of the action taken as soon as possible by telephone or other means. Any person aggrieved by action taken on a permit application may file a written notice of appeal, first with the city manager and then with the city council.

As of October 1, 2009, North Carolina law requires that all precious metals dealers obtain permits from their local police department. If you are a person or business that purchases gold, silver, platinum, or palladium from the public within the City of Rocky Mount, you must obtain a permit from the Rocky Mount Police Department. Failure to comply with any law associated with precious metal dealer permits may be found guilty of a Class 2 misdemeanor and shall be ineligible for a dealer's permit for a period of three years following the conviction (NCGS 66-172). Click the button below to visit the NC Department of Crime Control and Public Safety's website where you can download the required forms for the permit as well as a copy of the new legislation.

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