§10-403. Enforcement. [50]


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. The Department may take action to secure compliance as set forth in Section 10-405 of this Chapter.

(3) Penalties. 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 twenty-five (25) dollars and not more than three hundred (300) dollars;

(b) For the second violation, a fine of not less than one hundred (100) dollars and not more than three hundred (300) dollars;

(c) for the third and subsequent violation, fines of not less 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.