B. Warning Notices: In lieu of issuing a citation, a police officer or NCO may issue a warning notice requiring abatement of any sound source alleged to be in violation of this section 5-1-3 within a reasonable time period and according to guidelines that the police officer or NCO may prescribe and document in writing. Failure to follow such guidelines shall not be a separate offense, but any police officer or NCO may consider the failure to follow such warning when making subsequent enforcement decisions.
C. Penalties: Any person convicted of a violation of any provision of this section 5-1-3 shall be subject to the following penalties:
1. A fine of not less than two hundred fifty dollars ($250.00) and not more than one thousand dollars ($1,000.00), or a period of confinement in the city jail not to exceed six (6) months, or both.
2. In addition to any other penalties provided in this section, the court may issue an order requiring abatement of any noise source found to be in violation of this section 5-1-3 within a reasonable time period, not to exceed thirty (30) days, and according to any guidelines that the court may prescribe.
a. Any person found to be in violation of any provision of this section 5-1-3 and ordered to abate any noise source shall demonstrate compliance with the abatement order as required by the court.
3. Each day during which any violation occurs shall constitute an additional, separate, and distinct offense.
D. Impairment Of Other Provisions Prohibited: No provision of this section 5-1-3 shall be construed to impair any common law or statutory cause of action, or legal remedy therefrom, of any person for injury or damage arising from any violation of this section 5-1-3 or from other law. (Ord. 469, 2-12-2013, eff. 3-8-2013)