A. Warning of Ordinance Violation. Any person who violates this Ordinance may receive a written warning, which may provide the individual with a timeframe for abating the nuisance noise.
B. Notice of Ordinance Violation. If an individual has been issued a warning of ordinance violation, and the individual fails to abate the public nuisance by the date specified in the warning, or if an individual has previously been issued a warning of ordinance violation, and abated the noise but has later re-created it, the State's Attorney Office may issue a notice of ordinance violation. The notice of ordinance violation is a notice to appear in the McHenry County Circuit Court, and shall include the date, time, and location of a mandatory court hearing. If the individual abates the noise prior to the first court hearing date contained in the notice of ordinance violation, the State's Attorney Office may request that the case be dismissed.
C. Assessment of Fines. Whoever creates nuisance noise as specified in this Ordinance shall be subjected to a fine for each offense. The fine upon conviction for a first offense shall be $100. The fine upon conviction for a second offense, and each subsequent offense thereafter, shall be not less than $100 and not more than $1000. Each day that a violation exists or continues may be considered a separate offense, and may be assessed separately.
D. Injunctive Relief. In addition to or in lieu of the foregoing, at any time, the State's Attorney Office may petition the McHenry County Circuit Court for injunctive relief, or any other necessary or convenient relief; to abate any nuisance noise.
(Ord. O-201810-10-043, passed 10-16-2018)