(A) This chapter shall be implemented, administered and enforced by the Police Department or any authorized code enforcement officer.
(B) The violation or failure to comply with any of the provisions in this chapter is unlawful.
(C) Persons responsible:
(1) It shall be a violation of this chapter for any owner, lessee or other person in charge of or in control of premises or a vehicle to allow or permit any noise disturbance to emanate from such premises or vehicle.
(2) Any noise disturbance made or produced at premises or in a vehicle in which the owner, lessee or other person in control is present shall be presumed and deemed to be made and produced with the consent and permission of the owner, lessee or other person in charge or control.
(3) Any owner, lessee, agent, supervisor, or other person in charge of operating, ordering, directing or allowing the operation or maintenance of any device or machine creating a noise disturbance as prohibited in this section, shall be deemed guilty of violating this chapter.
(D) Civil noise infraction. As an alternative to any penalty provided in this chapter, any person who violates the provisions of this chapter may be issued a fine in an amount established by resolution.
(1) Each noise disturbance shall be considered a separate offense.
(2) Joint and several responsibility. Any person owning or having responsibility for management of a premises, however temporarily, any performer or disc jockey producing sound upon any premises, any person playing music, any person having control of volume knobs or levels, and the business as named on the occupational license, if applicable, shall be jointly and severally liable for compliance with this chapter and shall be responsible for any violations of this chapter.
(E) Criminal violation. It shall be unlawful for any person to produce, cause to be produced, or allow to be produced, by any means, any noise disturbance within any private property or public right-of-way. A person convicted of a violation of this chapter shall be deemed guilty of a misdemeanor and upon conviction punishable by a fine up to $500 or by imprisonment for not more than sixty (60) days, or by both fine and imprisonment.
(F) Other remedies. Nothing in this section shall prevent the city from pursuing other or additional remedies including suit for injunctive relief, as may be necessary to prevent or abate violations of this chapter.
(Ord. 2020-56, passed 9-17-20)