A. Any person violating, or causing or permitting a violation of, any of the provisions of this chapter is guilty of an infraction and shall be punished by a fine in the amount set forth by resolution of the city council pursuant to section 1.15.050 of this code. These minimum fines include the base fine and any and all fines, fees and assessments imposed by the Butte County Superior Court. A separate offense is committed for each and every hour or part of an hour during which any such violation is committed or caused or permitted to continue. Each offense is punishable separately from every other offense.
B. The administrative procedures for the imposition, enforcement, collection, and administrative review of civil fines for noise violations are established pursuant to Chapter 1.15 of this code.
C. A violation of this chapter shall be a misdemeanor and may be enforced by the filing of a criminal action by the city attorney if:
1. Within thirty (30) days from the issuance of a written citation, a second noise complaint is received from a citizen complainant;
2. A citizen complainant fills out and signs a statement form stating the manner in which the citizen was disturbed; and
3. The citizen complainant is willing to appear in court to testify if the charges are contested.
D. Subsection C shall not be applicable to a property owner when they do not reside or occupy the property where the noise violation has occurred and the property owner is entitled to receive rent or other valuable consideration for the use of the property, A property owner that meets the above conditions and continues to allow violations of this chapter shall be guilty of an infraction and may be subject to civil or administrative enforcement in accordance with Chapter 1.15 of this code. The city may defer or delay administrative action against any property owner who can demonstrate due diligence in preventing future noise violations, such as evicting those responsible for such violations.
(Prior code §28.13 (Ord. 1106 (part)), Ord. 2195) (Ord. 2434 §2, Ord. 2472 §5)