A. Any officer who encounters a violation of this section may issue a written notice to the Responsible Person demanding immediate abatement of the violation. The written notice shall inform the recipient that a second violation of the same provision within a seventy two (72) hour period may result in the issuance of a criminal citation, the imposition of criminal and civil penalties, and confiscation and impoundment, as evidence, of the components that are amplifying or transmitting the prohibited noise.
1. Responsible Person means (a) any person who owns, leases, or is lawfully in charge of the property or motor vehicle where the noise violation takes place, or (b) any person who owns or controls the source of the noise or violation. If the Responsible Person is a minor, then the parent or guardian who has custody of the child at the time of the violation shall be the Responsible Person who is liable under this chapter.
B. Any officer who encounters a second violation of this chapter within a seventy two (72) hour period following the issuance of a written notice is empowered to confiscate and impound, as evidence, any or all of the components amplifying or transmitting the sound. The immediate confiscation of a motor vehicle to which a component is attached may be made if the same may not be removed without causing harm to the vehicle or component.
C. Any person claiming legal ownership of the items confiscated and impounded under this chapter may request the return of the item by filing a written request with the police department within seven (7) calendar days of the confiscation. Such requests shall be processed in accordance with the procedures adopted by the department.
(Ord. MC-1246, 5-23-07; Ord. MC-649, 1-04-89; Ord. 1925, 11-06-51)