Enforcement may be facilitated by, but shall not be dependent
upon, complaint by a resident of the Town to a Town Code Enforcement
Officer or county or other law enforcement officer. Any police officer
or peace officer or any person who may be lawfully designated by the
Town Board shall have the authority to issue appearance tickets in
connection with any violation of this chapter.
A.
A violation of this chapter is hereby declared to be an offense,
with conviction of a first offense punishable by a fine of up to $500
or imprisonment not to exceed 15 days, or both. For conviction of
a second or subsequent offense which was committed within a period
of five years from the commission of the prior offense, a violator
shall be subject to a fine of up to $1,000 or imprisonment not to
exceed 15 days, or both. With respect to continuous emissions of sound,
each day of such emission shall constitute a separate violation.
B.
In addition, persons who violate this chapter shall be liable for
a civil penalty of $500 for a first violation and $1,000 for a second
or subsequent violation which was committed within a period of five
years from the commission of the prior violation. With respect to
continuous emissions of sound, each day of such emission shall constitute
a separate violation. The Attorney for the Town or his or her designee
may commence an action or special proceeding against the violator
in a court of competent jurisdiction to collect these penalties, together
with costs, disbursements and recoverable attorneys' fees, and/or
to compel compliance with this chapter or restrain by injunction any
such violation.
The owner of any real property (except public highways, and
other publicly owned facilities) from which sounds prohibited by this
chapter emanate shall be guilty of a violation of this chapter, whether
or not such owner was on the premises or occupied the premises when
the proscribed sounds emanated from same.
