§ 50-472. Penalty; confiscation of noise-creating equipment; responsibility for violations.

(a)

Violations of this article are punishable as provided in section 1-7. Any person who continues to violate the provisions of this article after having been previously cited may be subject to further citations, including further citations issued on the day upon which the original citation was issued.

(b)

Upon conviction of being in violation of this article three times for the same offense within a 12-month period, when such sound is created by the same sound emitter, the noise-creating equipment may be confiscated by the court following such latest conviction until such time as the offender can satisfy the court that he is prepared to and in fact will operate said equipment within the limits of this article. Further violation shall result in the permanent confiscation by the court upon such conviction.

(c)

The owner of property, a tenant, a lessee, a manager, an overseer, an agent, corporation or any other person entitled to lawfully possess or who claims unlawful possession of such property at a particular time involved shall each be responsible for compliance with this article, and each may be punished for violation of this article. It shall not be lawful defense to assert that some other person caused such sound, but each lawful possessor or claimant of the premises shall be responsible for operating or maintaining such premises in compliance with this article and shall be punishable, whether or not the person actually causing such sound is also punished.

(d)

The environmental management service group under the direction of the environmental control officer shall be responsible for the enforcement and interpretation of this article. However, the department of public safety (sheriff) shall exercise primary enforcement for section 50-478.

(Ord. No. 83-22, § IV, 12-15-83; Ord. No. 2000-29, § II, 9-7-00)