(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.
(B) (1) Any violation of the provisions of §§ 90.01 to 90.09 or a failure to comply with any of its requirements shall constitute a civil offense and shall subject the offender to a civil penalty in the amount of $50. Any person violating §§ 90.01 to 90.09 shall be issued a written citation of the violation, which may be issued by any police officer, Town Manager, building inspection officer or other officer. If the offender fails to pay the penalty within 15 days from its issuance to the tax collector the penalty may be recovered by the town in a civil action in the nature of debt.
(2) Each day's continuing violation shall be separate and distinct offense.
(3) In addition, the provision of this subchapter may also be enforced through equitable remedies issued by a court of competent jurisdiction including injunction and order of abatement or any other remedy permitted under this article or at law or equity.
(4) This subchapter may be enforced by any one, all or a combination of the remedies authorized in this division (B).
(C) (1) Enforcement remedies.
(b) The town may seek an injunction and order of abatement directed toward any person or entity creating or allowing the creation of any unlawful noise, including the owner or person otherwise having legal or actual control of the premises from which it emanates.
(a) An establishment which has been found in violation of § 90.25 more than two times within any 12-month period may have its privileges under this section suspended for a period of up to 12 months.
(b) The town may seek an injunction and order of abatement directed toward any person or entity creating or allowing the creation of any unlawful noise, including the owner or person otherwise having legal or actual control of the premises from which it emanates.
(c) An establishment whose privileges under § 90.25 have been suspended continues to produce or allow to be produced amplified shall be subject to a class 3 misdemeanor and a $500 fine per violation.
(D) Persons violating § 90.60 shall be notified by first class mail. If any person shall violate the provisions of § 90.60, it shall be the duty of the Town Manager or his or her agent to give written notice to the owner or person in possession of the premises that within 14 days or sooner from the date of the notice the violation, or cause of the violation must be corrected or removed. Failure to comply with the notice shall constitute a misdemeanor (fine up to $50) and each day the person remains in violation shall be deemed a separate offense.
(Ord. passed - -; Ord. passed 6-11-1969; Ord. passed 7- -1993, § 4; Ord. passed 12-4-1997; Ord. passed 10-16-2001; Am. Ord. 2015-10, passed 11-19-2015; Am. Ord. passed 9-16-2021)
Cross-reference:
Certain sounds prohibited, see § 90.23