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(A) The town manager, chief of police or their designee(s) shall have responsibility for the enforcement of the noise regulations contained herein. Nothing in this section shall prevent the town manager or chief of police or their designee(s) from obtaining voluntary compliance by way of warning, notice or education
(B) Initiation of enforcement. The provisions of § 82.03(A) (noises intended to disturb) and § 82.06 (live, recorded or amplified music) shall be enforced only as the result of the receipt of a complaint. All other provisions of this chapter may be enforced either as the result of the receipt of a complaint or as the result of the observations of any law enforcement officer or other employee or official of the town.
(C) Initial warning(s) required. Before a citation may be issued and penalties assessed against a person pursuant to divisions (D) and (F) below, that person shall be given written warning(s) within any rolling 12-month period as follows:
(1) Four warnings shall be given before a citation is issued for a violation of § 82.06 regarding live, recorded or amplified music.
(3) One warning shall be given before a citation is issued to a person who is a responsible person hereunder but was not present at the property when the noise was made (such as a property owner, property manager, lessee or occupant of a property from which offending noise issued).
(4) No warnings shall be required with respect to any other violation of this chapter.
(D) Civil penalties. A violation of this chapter shall subject the violator to a civil penalty in the amount of $100; provided, that subsequent violations within any 12-month rolling period shall subject the violator to the following civil penalties: a second violation in any rolling 12-month period shall subject the violator to a civil penalty in the amount of $200, and a third and any subsequent violation in any rolling 12-month period shall result in the assessment of a $500 civil penalty.
(E) Appeal of civil penalty. Appeal of a civil penalty amount may be made to the Town Manager or designee as provided at § 10.99 of this Code by filing an appeal stating with specificity the grounds for the appeal and the reasons the penalty should be reduced or abated. In considering the appeal, the Town Manager or designee may consider the following:
(1) The gravity of the violation;
(2) Any action taken or not taken by the violator to avoid and/or correct the violation;
(3) The cost of the action to correct the violation; and
(4) Any previous violations committed by the violator, on the same or different site.
(F) Criminal penalties. A person committing more than two violations of this chapter during any rolling 12-month period shall also be guilty of a Class 3 misdemeanor and shall be fined not more than $500, in addition to the civil penalties imposed.
(Ord. passed 12-16-2019)