Penalties for violations of this subchapter may be assessed against persons responsible for the premises or device producing or causing the noise disturbance.
(A) A violation of any of the provisions of this subchapter shall constitute a Class 3 misdemeanor punishable by a fine not to exceed $500 or imprisonment not to exceed 30 days, unless otherwise provided herein.
(B) Any person violating any provision of the sections in this Article shall be subject to a civil penalty in the amount of $300 for each offense. Any subsequent violation within a 12 month period of a first violation shall subject the violator to a civil penalty of $500 for each subsequent violation. For purposes of determining subsequent violations within a 12 month period the date of the first violation shall be the anniversary date from which a new 12-month period shall begin.
(C) An owner of any premises subject to this subchapter who is not also an occupant of the premises shall be responsible for any actions by tenants, guests, or other licensees that constitute second or subsequent violations of this subchapter; provided, that no absentee owner shall be liable unless notified of first or previous violations of the article, and further provided that such first violation or previous violation shall have occurred within the previous twelve-month period. Notice of any first or previous violations pursuant to this paragraph shall be effected by registered or certified mail. No absentee owner may be subjected to criminal liability under this section, but shall be subject to all civil penalties and equitable relief.
(D) This section shall in no way relieve any other person from responsibility for violations of this subchapter.
(Ord. 16-09, passed 5-17-16)