News

Nelms Cited for Noise Violation

by John H. Snowden, III
Publisher / Editor
nencnews@yahoo.com

Currituck County Commissioner Barry Nelms has run afoul of the Currituck County noise ordinance once again.  Nelms was cited last weekend for violating the County Noise Ordinance on Saturday, November 22 at approximately 10:32 pm.

According to Citation # C9634752-9 issued by Currituck Sheriff’s Deputy W. Alcock, the officer had probable cause to believe that the named defendant - Nelms - “Did violate Currituck County Ordinance 4-3 by making any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.”

The incident occurred at or near the intersection of Wlanut Island Blvd and Base Hit Drive - a few hundred feet west of Walnut Island Restaurant, owned by Nelms.  The citiation lists that two witnesses were present; however, does not name those witnesses.

Nelms’ court date, according to the citation, is on Wednesday, January 21, 2009 in Currituck County District Court.

Nelms is no stranger to run ins with local law enforcement officials over the COunty Noise Ordinance.

Approximately one year ago, on November 28, 2007, Nelms was found guilty by Judge Edgar Barnes in Currituck District Court of violating the County Noise Ordinance.  Those charges arose from an incident in which Nelms was cited on April 20, 2007, after neighbors complained of loud music coming from his Restaurant / Bar located at the end of Walnut Island Boulevard in Grandy.

Nelms was sentenced to five days in jail which was suspended for a year. He was not fined. Nelms has appealed the ruling.

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