(a) Criminal Prosecution.
(1) Any Noise Control Administrator may issue a warning giving notice of a violation of this chapter.
(2) Any police officer in conjunction with a Noise Control Administrator, or any two police officers together, may issue an order requiring the immediate abatement of a source of vibration alleged to be in violation of this chapter.
(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. 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. Every day during which the violation continues shall constitute an additional, separate and distinct offense.
(1) Any person who violates any of the provisions 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. 07-07. Passed 4-9-07.)
CODIFIED ORDINANCES OF OTTAWA