a. That any person who violates the provisions of this Section shall be subject to a fine of not less than $25, and not more than $250 for the first offense; $250 for a second offense; $500 for a third offense; and $2,500 for a fourth and any subsequent offenses during a 12-month period of time (calendar year-January through December, inclusive). All fines shall be payable to the Clerk-Treasurer of the Town and deposited into the Town General Fund.
b. Each incident that occurs shall constitute a separate offense.
c. During any trial concerning the regulations and provisions established by this subchapter, as amended, the Schererville Town Court may admit evidence of the sound pressure level as tested by a sound level monitoring system.
d. In the event that a sound violation persists, in lieu of the town assessing a fine for each day the sound continues, the Town Council, through its Town Attorney, may proceed to seek injunctive relief to enjoin the sound nuisance, pursuant to the provisions of I.C. 36-1-6-4, and all other applicable law, as such is amended from time to time.
e. In the event that a sound violation persists, in lieu of the town assessing a fine for each day the violative sound continues, the Schererville Town Court, shall have the option to require the owner or operator of a business that generates sound reasonably expected to exceed the limits set forth within this subchapter to conduct measurements and self-monitor with use of a town approved sound level monitoring system.
f. The Schererville Town Court shall be the court of proper venue and jurisdiction for the enforcement of this subchapter, as amended hereafter from time to time, except for any injunctive relief, which shall be filed and prosecuted in the Lake Circuit Court or Lake Superior Courts. (Ord. No. 1557A, § 5, 9-12-07; Ord. No. 1935, § 5, 2-13-19)