§ 130.89  IMPLEMENTATION, ADMINISTRATION AND ENFORCEMENT.
   (A)   This subchapter shall be implemented, administered and enforced by the Police Department or any other town department or division designated by the Director of Public Safety.
   (B)   The provisions of this subchapter which prohibit a person from making or continuing noise disturbances, or causing the same to be made or continued, across a real property boundary or within a noise sensitive area, shall be enforced by the Police Department or any other town department or division designated by the Director of Public Safety.
   (C)   To implement and enforce this subchapter, the Police Department, or any other duly designated town agency, shall have the power to:
      (1)   Conduct research, monitoring and other studies related to sound;
      (2)   Conduct programs of public education regarding the causes, effects and general methods of abatement and control of noise, as well as the actions prohibited by this subchapter and the procedures for reporting violations;
      (3)   Coordinate the noise control activities of all town departments;
      (4)   Review public and private projects, including those subject to mandatory review or approval by other departments, for compliance with this subchapter, if these projects are likely to cause sound in violation of this subchapter;
      (5)   Issue sound variances pursuant to § 130.91;
      (6)   Prepare recommendations for consideration by Council, after publication of notice and after a public hearing, for establishing the boundaries of noise sensitive areas.
   (D)   Whenever a violation of this subchapter occurs and two or more persons are present in or on the lot from which the sound emanates and it is impossible to determine which of said persons is the violator, the owner of the lot shall be presumed responsible for the violation if present; in the absence of such owner, the tenant or tenants of such lot or any person present with the direct consent of the owner shall be held responsible for the violation.
   (E)   In the case of continuing violations, the Town Solicitor may institute an action for injunctive relief against the owner and/or tenant of the lot.
(Ord. passed 8-5-91)