(a) Criminal Prosecution.
(1) In lieu of issuing a Notice of Violation as provided for in Section 532.12, any Noise Administrator or police officer may issue an order requiring the immediate abatement of a source of sound alleged to be in violation of this chapter.
(2) Any person found guilty of a first violation of Section 532.09(f) or (g) of this chapter shall be deemed guilty of a misdemeanor of the third degree and shall be fined not less than fifty dollars ($50.00).
A person found guilty of a second violation of Section 532.09(f) or (g) within two years shall be fined not less than one hundred dollars ($100.00).
A person found guilty of a third and subsequent violation(s) of Section 532.09(f) or (g) within two years shall be fined not less than two hundred dollars ($200.00).
(3) A first violation of any other section of this chapter shall be a minor misdemeanor.
(4) Any subsequent violations of any other section of this chapter shall each be a misdemeanor of the fourth degree. Each day such violation is committed or permitted to continue shall be considered a separate offense.
(b) Civil Action.
(1) An action for injunctive relief may be brought by the Village in a court of competent jurisdiction against any person who has violated any provision of this chapter except Section 532.09(f) or (g). Every day during which the violation continues shall constitute an additional, separate and distinct offense.
(2) Any person who violates any of the provisions, except Section 532.09(f) or (g) of this chapter may be liable for the actual attorneys’ fees, expenses (including expert witness fees), and costs incurred in establishing the violation in a civil action.
(c) Other Remedies. The rights and remedies provided by this chapter are in addition to any other rights and remedies provided by law.
(Ord. 07-01. Passed 2-12-07.)