§ 93.99 PENALTY.

   (A)   Notice of certain violations. When the Noise Control Officer determines that a noise exceeds the maximum sound level permitted under §§ 93.50 through 93.57, he or she shall give a written notice of the violation to the owner or occupant of the premises where the noise originates and order such person to correct or remove each specified violation with such a reasonable time as is prescribed in the notice. The failure to remove or correct any such violation within the time so prescribed constitutes a violation of §§ 93.50 through 93.57.

   (B)   Civil remedies. Sections 93.50 through 93.57 may be enforced by injunction, action for abatement, or other appropriate civil remedy.

   (C)   Criminal penalties.

      (1)   Any violation of §§ 93.50 through 93.57 involving the operation of a motor vehicle is a petty misdemeanor and, upon conviction, the violator shall be punished by a fine not to exceed $200, plus the costs of prosecution.

      (2)   Every person who violates any other provision of §§ 93.50 through 93.57 is guilty of a misdemeanor and shall, upon conviction, be subject to a fine of not more than $700 or imprisonment for a term of not to exceed 90 days, or both, plus, in either case, the costs of prosecution.

      (3)   Each act of violation and each day a violation occurs or continues constitutes a separate offense.

(Ord. 116, passed 4-25-05)