The city shall enforce this chapter as follows:
(A) Upon receiving a complaint of a violation or evidence of a prima facie violation of this chapter the city shall cause the following to be performed:
(1) The Enforcement Officer shall respond to the complainant's location and verify if the disruptive noise is still occurring. If the disruptive noise is present, the Enforcement Officer shall serve as a witness to the violation. If the noise has ceased, the Enforcement Officer shall have the complainant complete and sign a Declaration of Violation statement.
(2) The Enforcement Officer will advise the owner or person causing the disturbing noise and advise him or her of the complaint. The Enforcement Officer will advise the owner or person causing the noise that he or she is in violation of the City of Indio Noise Ordinance.
(3) The Enforcement Officer will issue a written Noise Warning Notice to abate the disturbing noise. The Noise Warning Notice will be in writing and will contain the following:
Notice: Noise Complaint Response By The City of Indio. This notice of violation given to (NAME) (DOB) at (LOCATION) on (DATE) (TIME) (PHONE NUMBER) is the result of a disruptive noise complaint in accordance with the City of Indio Code of Ordinance Chapter 95A and/or Chapter 95C. You are asked to cease and desist from making any disruptive noises in violation of the City of Indio Code of Ordinances. A second response to this location within thirty (30) days for the same violation may result in a citation being issued and can also result in a service charge to you for the City's actual costs expended in personnel and equipment for a subsequent return to the location.
(4) If the problem has been resolved there shall be no further action and the Noise Warning Notice shall be kept on file for a period of 30 days.
(5) If after issuing the Noise Warning Notice an Enforcement Officer has prima facie evidence of a violation or upon receiving a complaint is required to respond to the same location a second time for the same violation within 30 days the owner or person causing the disturbing noise shall be issued a citation. The owner or person causing the disturbing noise may be held liable for the service fee charge of the city's actual costs expended in personnel and equipment for the second and subsequent responses.
(B) Second response costs and joint and several liability. The costs for the second response may include damage to city property and/or injuries to city personnel, and shall be computed as outlined in § 33.100 et seq., as amended from time to time, but shall in no case be less than $100. The costs charged pursuant to this section shall be a personal obligation of the owner or person causing the disturbing noise, or if that person is a minor, then the parent(s) or guardian(s) of that minor.
(Ord. 1267, passed 4-5-00)