(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
(B) (1) Criminal violations of § 130.01(B) of this chapter shall be punishable, on a first offense, by a mandatory minimum fine of $100, with neither fine, nor costs, suspended, and, on second and subsequent offenses, by a fine of $200, plus costs, with neither fine, nor costs, suspended.
(2) The County Attorney, in the name of the commonwealth, shall prosecute violations of § 130.01 of this chapter and may recover the response costs associated with enforcement through all remedies or procedures provided by statute, ordinance or law. Section 130.01 of this chapter shall not limit the authority of peace officers to make arrests for any criminal offenses arising out of conduct regulated by § 130.01 of this chapter, nor shall they limit the commonwealth’s ability to initiate and prosecute any criminal offense arising out of the same.
(C) (1) Any person in violation of § 130.02 of this chapter shall be notified by written notice served upon him, her or them by the Sheriff and shall have 30 days from the date of service of that notice to file with the office of the Judge Executive a written plan to mitigate the noise consistent with the mitigation elements detailed above. The office of the Judge Executive shall then have 30 days from the date of the submission of the plan to respond by either accepting the plan or by requesting additional mitigation measures. Said response shall also advise the offender of the date on which the accepted plan must be implemented to avoid imposition of penalties.
(2) Any person who fails to timely submit a mitigation plan to the office of the Judge Executive or who fails to timely implement the accepted plan of mitigation shall be subject to a fine of $500 for each day the violation continues.
(Ord. 08-1010.1, passed 4-8-2009; Ord. 12.1030-01, passed 9-28-2012)