§ 50-356. Enforcement.

(a)

The county sheriff or designee or other enforcement agencies with jurisdiction in the county shall be the enforcing official(s) for these regulations set forth in this division and shall have the authority and duty to enforce these regulations as set forth in this section.

(b)

When the enforcing official determines that there is a violation of the regulations set forth in this division, the official shall issue warning to the person responsible for the sound. The warning shall advise the person of the violation and of the possible penalty if the person fails to eliminate the sound or reduce the sound so that it is within allowable limits.

(c)

The person receiving the warning shall have a reasonable time to comply with the warning. In the case of a radio, television, phonograph, stereo set, tape player, CD player, electronic audio equipment, sound amplifier, musical instrument, or similar device which produces sound located on a public or private right-of-way or a public space in such a manner as to be plainly audible at a distance of 50 feet from the source of the sound, a reasonable time is immediately upon receiving the warning. For all other violations, absent special circumstances, reasonable time is 15 minutes.

(d)

For the purposes of this section, it is sufficient warning for all prohibited sounds if the person responsible for such sound has been warned of, or cited for, one or more offending sounds of the same type within the previous 90 days, or in the case of a business, in the time period since ownership of the business changed, whichever is less.

(e)

If the sound is not eliminated or is not reduced to allowable limits within a reasonable time after the warning, or if the noise or sound is abated after warning and then reoccurs, the person so warned and not complying shall be cited and/or arrested for a violation of this division and upon conviction shall be subject to the penalties designated in this division.

(f)

In addition to the enforcement procedures and penalties provided in this section and section 50-358, the county is hereby authorized to institute any other action or proceeding allowed by law, including but not limited to county code enforcement procedures or suit for injunctive relief, in order to prevent or abate violations of this division.

(Ord. No. 2015-09 , § 9, 12-8-2015)