A. Any person who violates a provision of this chapter is subject to criminal sanctions, civil actions, and administrative penalties pursuant to chapter 1.28.
1. Except as provided in subsection (A)(2), prior to citing or arresting a person for violating the provisions of this chapter, the city manager or designee shall issue a written notice to the person. The notice must include each provision of this chapter alleged to have been violated; the facts alleged to constitute a violation; the dBA readings noted and the time and place of those readings (if applicable); and an order that corrective action be taken immediately or within a specified time period. If the person does not take the corrective action required by the notice, the person is guilty of a misdemeanor.
2. Prior to citing or arresting a person for violating sections 8.68.100, 8.68.140, or 8.68.200, the city manager or designee shall provide to the person an oral notice to cease the unlawful noise. If the person does not cease the unlawful noise as required by the oral notice, the person is guilty of a misdemeanor.
3. Notwithstanding any contrary provision of this code, a person commits a separate violation of section 8.68.060 for each 15-minute period in which the violation occurs, and the administrative penalty for each violation is $1,000.
B. Violations of this chapter are hereby declared to be a public nuisance.
C. Any person who violates a provision of this chapter is liable for civil penalties of not less than $250 or more than $25,000 for each day the violation continues.
D. All remedies prescribed under this chapter are cumulative and the election of one or more remedies does not bar the city from the pursuit of any other remedy to enforce this chapter. (Ord. 2023-0007 § 8; Ord. 2005-083 § 1; Ord. 2002-004 § 10; prior code § 66.04.408)