(A) Any peace officer or official responsible for code enforcement may be responsible for enforcing all the provision of this chapter. In addition, a complainant may individually enforce these provisions on his or her own behalf.
(B) Where a violation of any provision of the foregoing sections is found, the peace officer, Code Enforcement Officer or any person acting under his or her supervision, or individual acting on his or her own behalf are authorized to:
(1) Appear before a Municipal Court Magistrate to make an affidavit under oath and request that a summons be issued for a person or persons, where there is probable cause for believing that the person or persons are in violation of the foregoing provisions, requiring said person or persons to appear in Municipal Court to answer charges of the violation;
(2) To serve as a witness, and to provide evidence of the violation, at the request of a person or persons who have registered a noise complaint and wish to appear before a Municipal Court Magistrate for the purpose of making an affidavit under oath and requesting that a summons be issued for the person or persons where there is probable cause to believe that the person or persons are in violation of the foregoing provisions, requesting said person or persons to appear in Municipal Court of the city to answer charges of the violation; and
(3) A peace officer, Code Enforcement Official or other individual may proceed with enforcement under any method available to him or her pursuant to the laws of the state, including issuance of summons.
(C) Nothing in divisions (A) and (B) above shall prevent the enforcement official from obtaining voluntary compliance by way of warning, notice or education.
(D) If a person’s conduct would otherwise violate the foregoing provisions and consists of speech or communications; of a gathering with others to hear or observe speech or communication; or of a gathering with others to picket or otherwise express in a non-violent manner a position on social, economic, political or religious questions; the person must be ordered to, and have opportunity to move, disperse or otherwise remedy the violation prior to arrest or a citation being issued.
(2004 Code, § 6-707) (Ord. 2003-8, passed 8-18-2003)