§ 82.99 PENALTY.

   (A)   Enforcement remedies. When there is a violation of any section of this chapter, the city, at its discretion, may take one or more of the following enforcement remedies.

      (1)   Civil penalty. The Noise Control Officer or any police officer may issue a notice of violation as provided subjecting the violator to a civil penalty of $100, which penalty may provide for a delinquency charge of $10 per day upon non-payment, in which penalty and delinquency charge may be recovered by the city in a civil action. The civil penalty must be paid within 72 hours of the date and hour of issuance, with the delinquency penalty beginning at the seventy-second hour.

      (2)   Repeated offenses. In the event of more than one violation within any 30-day period, the civil penalty shall be increased for each additional violation as follows:

         (a)   Two hundred fifty dollars second offense;

         (b)   Five hundred dollars third offense;

         (c)   Seven hundred fifty dollars fourth offense; and

         (d)   One thousand dollars fifth and subsequent offense.

      (3)   The city may seek an injunction and order of abatement directed toward any person or entity creating or allowing the creation of any unlawful noise, including the owner or person otherwise having legal or actual control of the premises from which it emanates.

   (B)   Enforcement of § 82.06. When there are repeated violations of § 82.06, the city, at its discretion, may take following enforcement.

      (1)   An establishment which has been found in violation of § 82.06 more than two times within any 12-month period may be classified a chronic noise producer and have its privileges under this section suspended for a period of up to 12 months. This may be relieved only if a mitigation plan is developed, enacted and confirmed that it brings the establishment within compliance of this section.

      (2)   An establishment having had its privileges under either §§ 82.06 or 82.08 suspended pursuant to such designation shall only legally produce or allow to be produced amplified or live sound pursuant to the restrictions described in § 82.04, Table 5.

      (3)   The city may seek an injunction and order of abatement directed toward any person or entity creating or allowing the creation of any unlawful noise, including the owner or person otherwise having legal or actual control of the premises from which it emanates.

      (4)   An establishment which has had its privileges under § 82.06 suspended continues to produce or allow to be produced amplified or acoustic sounds in excess of those allowed under § 82.04, Table 5, shall be subject to a civil fine of $ 1,000 per violation.

(Ord. 2015-10-6-33(1), passed 6-28-2016)

Cross-reference:

    Certain sounds prohibited, see § 82.03