a. Any person who violates the provisions of this section shall be guilty of an infraction, punishable by a fine of no less than twenty-five dollars ($25.00) and not more than: two hundred fifty dollars ($250.00) for the first offense; two hundred fifty dollars ($250.00) for the second offense; five hundred dollars ($500.00) for the third offense; and two thousand five hundred dollars ($2,500.00) for the fourth and subsequent offenses during a twelve (12) month period of time. All fines shall be payable to the Clerk-Treasurer of the Town and deposited to the General Fund.
b. Each incident that occurs shall constitute a separate offense.
c. During any trial concerning the provisions of this ordinance, 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 I.C. § 36-1-6-4 and all other applicable law.
e. In the event that a sound violation persists, in lieu of the Town assessing a fine for each day the 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 ordinance 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 ordinance, except for any injunctive relief, which shall be sought through the Lake Circuit Court or Lake Superior Courts.
(Ord. No. 1557A, § 5, 9-12-07)