(A) A violation of this chapter shall be classified as a civil offense and shall be enforced either through the Middletown Police Department, or through the City Code Enforcement Officer and the Code Enforcement Board ("Board") as provided in Chapter 39 of the City of Middletown ordinances, or as it may be amended.
(B) Any person violating any section of this chapter shall be fined not less than $100 nor more than $250 for a first offense within a two-year period. Any person violating any section of this chapter a second time within a two-year period shall be fined not less than $250 nor more than $500. Any person violating any section of this chapter a third time within a two-year period shall be fined not less than $500 nor more than $1,000. Each separate occurrence or each day such violation is committed or permitted to continue shall constitute a separate offense. It shall be a defense for an owner, lessee, or occupant of any premises involved in an offense by some other party, if there is posted on said property a sign, adequately noticeable in size (no larger than 12 square feet), which contains sufficient warnings as to the liability applicable for noise pollution violations. Said sign shall not contain any other messages such as advertising for said business.
(C) Any person cited pursuant to this chapter may pay the minimum civil penalty within seven days from the date of the issuance or request a hearing regarding such penalty to the Board in accordance with Chapter 39 of the City of Middletown ordinances. If the person fails to respond to this citation within seven days as referenced above, the person shall be deemed to have waived the right to a hearing. In this event, the Board shall enter a final order determining that the violation was committed and impose the civil penalty set forth in the citation. Each day that a violation continues after a citation has been issued or notice has been served shall be deemed a separate offense.
(Ord. 07-09-20-B, passed 8-13-2020)