(A) Violation. Any person who is found guilty of violating this chapter, either by failing to do those acts required herein or by doing a prohibited act, is guilty of a Class B misdemeanor punishable by a maximum sentence of up to six months in jail and a maximum fine of $1,000. Each day such violation is committed or permitted to continue shall constitute a separate violation unless limited by state law.
(B) Nuisance. As an additional remedy, the operation or maintenance of any device, instrument, vehicle or machinery in violation of any provisions of this chapter, or which causes discomfort or annoyance to reasonable persons of normal sensitiveness or which endangers the comfort, repose, health or peace of residents in the area shall be deemed, and is declared to be, a public nuisance and may be subject to abatement as provided by law.
(C) Enforcement.
(1) Any peace officer is authorized to enforce the provisions of this section; provided that the County Commission may by administrative order authorize other officers or employees of the county to enforce all or part of the provisions of this chapter.
(2) The County Attorney may initiate legal action, civil or criminal, to abate any condition that exists in violation of this chapter. In addition to other penalties imposed by a court of competent jurisdiction, any person(s) found guilty of violating this chapter shall be liable for all expenses incurred by the county in removing or abating the loud or excessive noise.
(D) Severability. In case any provision of this chapter shall be declared invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability.
(Ord. 2023-04, passed 12-5-2023)