A. Prima facie violation. Any noise which is reasonably determined to be excessively loud, piercing, or offensive to occupants of neighboring properties or peace officers called to the location of the noise shall be deemed prima facie evidence of a violation of the provisions of this Chapter.
B. Penalty for violation. Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof, shall be fined in an amount not to exceed One Thousand Dollars ($1,000.00) or be imprisoned in jail for a period not to exceed six (6) months or by both fine and imprisonment. Each day such violation is committed or permitted to continue shall constitute a separate offense.
C. Additional remedy. The operation or maintenance of any device, instrument, vehicle, or machinery in violation of any provision of this Chapter which causes or creates noise levels exceeding the allowable limits as specified, shall be deemed a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction. Additionally, no provisions of this Chapter shall be construed to impair by common law or statutory cause of action, or legal remedy therefrom, or any person from injury or damage arising from any violation of this Chapter or from other law.
D. Severability. If any provision, clause, sentence, or paragraph of this Chapter, or the application thereof to any person or circumstances, shall be held invalid, such invalidity shall not affect the other provisions, or application of the provisions of this Chapter, which are effective without the invalid provisions or application and, therefore, the provisions of this Chapter are hereby declared to be severable.
('65 Code, § 23-44.3) (Ord. No. 95-004 § 2 (part))