Any person who shall violate any provision of this Chapter, any
Regulation adopted hereunder, or any order of the Department, shall be subject
to one or more of the following sanctions:
(1)
Abatement.
Continuing violations of this Chapter, any Regulation adopted hereunder, or
any order of the Department made hereunder are hereby declared to be a public
nuisance per se. Where the Department determines that a nuisance exists, the
Department, in addition to or in lieu of invoking any other sanction or remedial
procedure provided, may either:
(a) certify the existence of a nuisance
per se, to the Department of Licenses and Inspections which shall itself or by
contract abate and remove the violation; charge the cost of the abatement or
removal to the person responsible therefore; and with the approval of the Law
Department, collect the cost by lien or otherwise as may be authorized by law;
or
(b) apply, through the Law Department, to any appropriate Court for
relief by injunction or restraining order against any person responsible for the
violation.
(2)
Compliance.
[50.1]
The Department of Public Health, the Police Department, and the Department of
Licenses and Inspections may take action to secure compliance as set forth in
§§ 10-405 and 10-406 of this
Chapter.
(3)
Penalties.
[50.2]
Penalties may be imposed for any of the above violations committed in any
thirty-six month period, as follows:
(a) for the first violation, a
fine of not less than one hundred (100) dollars and not more than three hundred
(300) dollars;
(b) For the second violation, a fine of not less than
two hundred (200) dollars and not more than three hundred (300)
dollars;
(c) for the third and subsequent violation, fines of not less
than and not more than three hundred (300) dollars;
(d) a violation of
the same requirement shall be considered as a separate violation for each day
the violation continues.
(4) In the case of excessive noise made with
the use of noisemaking horns or objects which emit loud, obnoxious or
objectionable sounds during the course of any public parade or public event
within the City, (a) the person creating the noise is subject to citation for a
summary offense and (b) the noisemaking object is subject to seizure for use as
evidence against the person creating the noise, in violation of this
Chapter.
[51] (5) Where there
is one (1) or more repeated violations of this Chapter by an offender during the
course of any public event or parade, after that offender has been informed by
any City official that such emissions of noise are unlawful, the noisemaking
offender is subject to
arrest.
[52] (6)
Repeat
Offenders. Any person who commits, on more than three (3) occasions in any
thirty-six (36) month period, any of the above violations, shall be guilty of a
separate offense of Repeat Violation, and for each such Repeat Violation, shall
be subject to a fine of not more than three hundred (300) dollars, or
imprisonment for not more than ninety (90) days, or both. A person shall be
guilty of a Repeat Violation regardless whether the second or subsequent
violation occurs before or after a judicial finding of a first or previous
violation. Each violation, after the first, shall constitute a separate Repeat
Violation offense.