A. Upon determination by the City Manager, Chief of Police or their designee’s, that a noise violation exists, personal notice shall be given to person(s) responsible for or in control of the sound source creating the violation, to abate the noise immediately. When notification of a noise violation is issued, abatement of that violation must be time specific. Violation that can be corrected at the time notification is given shall be corrected upon receipt on the notice. When notice of a violation(s) is given and abatement would require specialized equipment, sound proofing, professional services, etc then a reasonable time to abate the noise shall be given.

B. Failure to abate the noise after personal notice is given will cause a citation to be issued to person(s) responsible for or in control of the sound source creating the violation.

C. Failure to abate the noise after a citation has been issued may cause the sound source to be impounded. Impoundments must be reasonable and based on a reasonable belief that the sound source will likely be used to persist in causing additional or continued violations of the Noise Ordinance. Promptly, upon impoundment of a sound source notice shall be given to all persons with an interest in the sound source, of the impoundment and a hearing on the impoundment shall be scheduled before the Municipal Court Judge. If the Municipal Court Judge is satisfied that it is unlikely that further violation of this ordinance will be effectuated through use of the impounded sound source sound source, the sound source will be returned to the owner following the hearing. If the Court is not satisfied, impoundment shall continue until a hearing on the noise violation, at which time the sound source shall be made available to the owner upon payment of the fee owed for impoundment.

If any sound source is not released to its owner on payment of impoundment fees, or as otherwise provided herein, the sound source may be forfeited to the City, in the discretion of the Municipal Court Judge, following notice and opportunity for a hearing.

D. The court, upon a finding of Guilty, shall impose a fee for storage of an impounded sound source based on the total number of days the property was impounded at a rate of $5.00 per day following the date scheduled for a hearing to contest the impoundment. Failure to pay for the storage and claim the property within 60 days after the Court ruling of Guilty, will cause the City to request the Municipal Court to forfeit said property, after notice and opportunity for a hearing. Notice of hearings shall be given to all parties with interest in the impounded property 80 that they may appear and protest the forfeiture.