Any violation of this title may be prosecuted as a criminal offense. Unless expressly described as an infraction, a violation of any provision of this title, or failure to comply with any mandatory requirement hereof, shall constitute a misdemeanor. Notwithstanding the preceding sentence, a violation of this title may, in the discretion of the prosecuting attorney or other enforcing authority, be charged and prosecuted as an infraction. (Ord. 2349 NCS §1 (part), 2009.)