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Each of the following penalties and remedies, either singularly or collectively, may be imposed or applied upon the occurrence of a violation of this article:
(1) Prosecution: Any person violating any of the provisions of this article shall be prosecuted as a misdemeanor violator and shall, upon conviction, be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the county jail not to exceed ninety (90) days or by both such fine and imprisonment. Each time that an offense or violation of this article occurs shall be deemed a separate offense.
(2) Cease-and-desist order:
a. Upon a determination by the NCO that a source of noise is being conducted in violation of this Article, the NCO shall issue an order directing the operator or operators thereof to cease and desist such operations until the violation is corrected. Such order shall be served by personal delivery to the source of noise or by deposit in the U.S. Mail by registered or certified mail addressed to the operator of the noise facility at the location thereof. If such order is delivered personally, a copy of the order shall be posted on the property concerned. If any operator shall fail to comply with a valid, duly served cease-and-desist order, he shall be guilty of a separate and additional violation of this article for such failure to comply. Each day's continuing violation shall constitute a separate and distinct offense.
b. Any person receiving a cease-and-desist order may appeal such order to the NCO by serving a notice of appeal upon the NCO with ten (10) days of receipt of such order. Such notice may be served by deposit in the U.S. Mail by registered or certified mail addressed to the Noise Control Officer c/o City of Danville, Municipal Building, or the then current office mailing address. Upon receipt of a notice of appeal, the NCO shall grant a hearing to the appellant at the earliest possible date not later than ten (10) days following the receipt of notice of appeal. At such hearing, the appellant is entitled to be heard in person or by counsel and to present arguments and evidence pertaining to the matter. The decisions of the NCO may be appealed in writing to the city commissioners with ten (10) days following such a decision by filing a written notice of appeal and grounds therefor with the city clerk.
(3) Civil proceedings: Upon determination by the NCO that a source of noise is being conducted in violation of this article or in violation of a cease-and-desist order issued by the NCO, in addition to other remedies provided in this article and by the laws of the commonwealth, city, the NCO may, upon authorization by the commissioners, cause to be instituted any appropriate legal action or proceedings to restrain, correct or abate such violations or otherwise prevent the unlawful use of such noise operation or the unlawful operation of such facility by any person or entity.
(Ord. No. 1454, § 11, 2-11-91)