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(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)
(A) The Police Department, upon written application, shall have the authority, consistent with this section, to issue to each property in the town not more than one permit per year,provided any such permit is limited in duration to a period not to exceed 12 hours. The failure of the Police Department to issue a sound permit, after a written application, shall not preclude an application for a sound variance as hereinafter provided.
(B) The Town Council shall have the authority, consistent with this section, to grant sound variances from this subchapter after public hearing.
(C) Any person seeking a sound variance under this section shall file an application with the Town Council. The application shall contain information which demonstrates that bringing the source of sound or activity for which the sound variance is sought into compliance with this subchapter would constitute an unreasonable hardship on the applicant, on the community or on other persons.
(D) All applications for sound variances shall be subject to a fee of $50 per day if granted and, whether granted or denied, an amount sufficient to cover the cost of advertising and notification to all residents and property owners within 100 feet of the real property boundary from which the noise source emanates. Advertisement shall be made at least once, seven days prior to the public hearing, in a newspaper of general circulation in the town. Notification shall be by regular mail at least seven days prior to the public hearing.
(E) In determining whether to grant or deny an application, or revoke a variance previously granted, the Town Council shall balance the hardship to the applicant, the community and other persons if the sound variance is not allowed, against the adverse impact on the health, safety and welfare of persons affected, the adverse impact on property affected, and any other adverse impact, if the sound variance is allowed. Applicants for sound variances and persons contesting sound variances may be required to submit any information that the Town Council may reasonably require. In granting or denying an application or in revoking a sound variance previously granted, the Town Council shall file in the Office of the Town Clerk a copy of the decision and the reasons for granting. denying or revoking the sound variance.
(F) Sound variances shall be granted by notice to the applicant containing all necessary conditions, including a time limit on the permitted activity. The sound variance shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any condition of the sound variance shall terminate it and subject the person holding it to those provisions of this subchapter regulating the source of sound or activity for which the sound variance was granted.
(G) Determination of modification of a granted variance shall be made in accordance with the rules and procedures set forth in the section for original applications.
(Ord. passed 8-5-91)
(A) (1) Any person found in violation of § 130.01(A) shall be fined $150 to $750 and/or mandatory completion of a three-hour alcohol education and awareness program approved by the Middletown Municipal Court, to be completed within a three-month period.
(2) Any person who commits a second violation of § 130.01(A) shall be fined $300 to $750 and undergo a substance abuse assessment by a licensed substance abuse professional and complete all necessary treatment ordered by the Municipal Court.
(3) Any person who commits a third violation of § 130.01(A) shall be fined $450 to $750.
(4) Any person who fails to complete the mandatory alcohol awareness program shall be subject to a $350 fine.
(5) The Municipal Court, in the exercise of its discretion, can order in lieu of the fine imposed for a first violation, that the person charged be responsible for payment of the cost to complete an alcohol education and awareness program and/or the Municipal Court shall have the discretion to approve an alternative alcohol education program that it deems appropriate.
(Ord. 2010-2, passed 3-1-10; Am. Ord. 2011-1, As Amended, passed 4-4-11)
(B) (1) Any person found in violation of § 130.01(B) shall be fined not less than $350 nor more than $1,000 and/or mandatory completion of a three- hour alcohol education and awareness program approved by the Middletown Municipal Court, to be completed within a three-month period. The person shall be responsible to pay for the cost of the program.
(2) Any person who commits a second violation shall be fined not less than $750 nor more than $1,000 and mandatory completion of an alcohol education and awareness program approved by the Municipal Court, to be completed within a three- month period. The person shall also be responsible to pay for the cost of the program.
(3) The Municipal Court, in the exercise of its discretion, can order in lieu of the fine imposed for a first violation that the person charged be responsible for payment of the cost to complete an alcohol education and awareness program and/or the Municipal Court shall have the discretion to approve an alternative alcohol education program it deems appropriate.
(Ord. 2010-2, passed 3-1-10; Am. Ord. 2011-1, As Amended, passed 2-22-11)
(1) For a first offense, $100. The person charged with a violation of any provision of §§ 130.02 - 130.04, 130.32(I) or 130.75 - 130.91 shall, for a first offense, be given the opportunity to pay the fine assessed by mail which shall be indicated on the summons issued by the charging officer. Should the alleged violator elect not to pay the fine assessed by mail, said person shall be entitled to a hearing before the Municipal Court.
(Ord. passed 8-21-00)
(D) Any person violating any provision of this chapter for which there is not otherwise a penalty shall be subject to the penalty of § 10.99.
('73 Code, § 16-9) (Ord. passed 10-2-72)
(E) Any person, firm or corporation who shall sell or allow to be sold or delivered to any person under 18 years of age tobacco products except as permitted by § 130.38 shall for the first offense be subject to a fine of $200, for the second offense, be subject to a fine of $350, and for the third and any subsequent offense, be subject to a fine of $500; provided however, that in the event that there are no offenses in three successive years from the date of the last offense, then the next offense shall be treated as a first offense.
(Ord. passed 6-20-95)
(F) Any person under 18 years of age who shall violate the provisions of § 130.38(A) or (C) shall be subject to a fine of $100, for the first offense and $250 for the second offense and subsequent offenses and/or shall be required to perform community service.
(Ord. passed 6-20-95)
(G) Any person, firm, or corporation who owns a business occupying the premises in which a device or vending machine which dispenses cigarettes or any other tobacco product is located who shall violate any of the provisions of § 130.39(A), (B) and (C), and any person, firm or corporation who shall violate § 130.39(D), shall for the first offense be subject to a fine of $200, for the second offense, be subject to a fine of $350, and for the third and any subsequent offense, be subject to a fine of $500, provided, however, that in the event that there are no offenses in three successive years from the date of the last offense, then the next offense shall be treated as the first offense.
(Ord. passed 6-20-95)
(H) Any person who violates any of the provisions of § 130.40(C) shall be subject to the following penalties:
(1) For a first offense, a fine of $100. The person charged with a violation of any of the provisions of § 130.40(C) shall, for a first offense, be given the opportunity to pay the fine assessed by mail which shall be indicated on the summons issued by the charging officer. Should the alleged violator elect not to pay the fine assessed by mail, said person shall be entitled to a hearing before the Municipal Court.
(2) For a second offense, a fine of $200, and a hearing before the Municipal Court shall be required.
(3) For a third or subsequent, a fine of $300, and a hearing before the Municipal Court shall be required.
(4) The court may, in addition to the fine imposed upon a conviction, require that any person convicted of a violation of § 130.40(C)(2), pick up litter on a Middletown public beach, recreational area, campground or park for no more than four hours.
(5) Any person convicted of a violation of any of the provisions of § 130.40(C) may, upon a showing that payment of the total fine would pose a hardship on the defendant or his or her family, be sentenced to perform public community restitution on any Middletown public beach, recreational area, public campground or park in lieu of the total fine that would otherwise be imposed.
(Ord. 2015-5, passed 7-6-15; Am. Ord. 2015-13, passed 11-2-15)