§ 108.1-3-1. Administration and Enforcement.  


Latest version.
  • (a)

    The provisions of this Chapter will be administered and enforced by the Director and/or his/her duly authorized agents, including the Zoning Administrator, the Department of Code Compliance, the Police Department, and the Department of Public Works and Environmental Services, and will be assisted by other County departments as applicable.

    (b)

    The person operating, controlling or allowing the sound generation or source shall be guilty of any violation caused by that generation or source. If it cannot be determined which person is operating, controlling or allowing the sound generation or source, any owner, tenant, resident or manager physically present on the property where the violation is occurring is rebuttably presumed to be operating or controlling the sound generation or source.

    (c)

    Except as hereinbefore provided in Subparagraph (a) of this Section, a warrant may be obtained from a magistrate for the violation of any provision of this Chapter only upon the sworn complaint of a police officer or two persons who are not members of the same household alleging the specific violation complained of, that either or both of the complainants requested or made a reasonable attempt to request abatement of the violation, and that the violation continued after such request. Provided, however, that if there be no more than one household within one-half mile of the sound source, a warrant may be issued upon the sworn complaint of one person making the foregoing allegations.

    (d)

    For purposes of this Chapter, whenever a time parameter includes 12 a.m. or midnight, that time parameter shall be construed to end at the specified time on the following day.

    (e)

    All sound requiring analysis or measurement under this Chapter shall be such sound that traverses a property boundary or a partition between residential dwellings. (29-15-108.1; 03-19-108.1.)