(A) Violation of any provision of this chapter for which a penalty has not otherwise been established shall constitute a criminal violation for which a citation may issue returnable to District Court with a fine to be assessed for each violation consistent with subsection (B) and (C) of this section, or at the option of the city, and in addition to the foregoing, a violation shall constitute a civil offense and shall be enforced pursuant to the provisions of Chapter 41.
(B) (1) Any person violating any section of §§ 94.15 - 94.17 shall be fined not less than fifty dollars ($50.00), or more than five hundred dollars ($500.00) and/or confined for no more than fifty (50) days in jail. Each separate occurrence or each day such violation is committed or permitted to continue shall constitute a separate offense. It shall be defense for an owner, lessee or occupant of any premises involved in an offense by some other party, if there is posted on said property a sign adequately noticeable in size (no larger than twelve (12) square feet) which contains sufficient warnings as to the criminal liability applicable for noise pollution violations. Said sign shall not contain any other messages such as advertising for said business.
(2) In lieu of issuing a citation as provided for herein, any law enforcement officer may issue an order requiring the immediate abatement of any source of sound alleged to be prohibited by this subchapter, except where a person is acting in good faith to comply with an abatement order issued pursuant to this subchapter. Any violation shall be cause for a citation to be issued by a law enforcement officer.
(C) Any person who violates any provision of this chapter where another penalty is not set out shall be guilty of a violation and shall be punished by a fine of not less than twenty five dollars ($25.00) or more than two hundred fifty dollars ($250.00).
(D) The civil penalty for violating this subchapter shall be not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00). Each day's violation shall constitute a separate offense. This chapter shall be subject to enforcement by the Code Enforcement Board of the city.
(Ord. 2-1996, passed 3-4-96; Am. Ord. 10-1998, passed 9-8-98; Am. Ord. 8-2016, passed 9-19-16)
Cross-reference:
Penalty for violation of abatement of smoke and noxious odors, § 94.33
Penalty for violation of abatement of weeds, brush and trash, § 94.46
Penalty for violation of abatement of graffiti, § 94.72