§ 108.1-3-2. Penalties.

(a)

Any violation of any provision of this Chapter shall constitute a Class 2 misdemeanor and upon conviction thereof, shall be punishable up to no more than six months in jail and a fine of not more than $1,000, either or both. Failure to abate any such violation within the time period established by the Court shall constitute a separate Class 2 misdemeanor offense.

(b)

In lieu of the criminal penalties set forth above, a violation of any provision of this Chapter may be punishable by a civil penalty of not more than $250, or $500 for each subsequent offense. However, this civil penalties provision shall not apply to noise generation in connection with business being performed on industrially zoned property, nor shall this provision apply to railroads or to sound emanating from any area permitted by the Virginia Department of Mines, Minerals and Energy or any division thereof.

(c)

In addition to, and not in lieu of, the penalties prescribed in this section, the Board may apply to the circuit court for an injunction against the continuing violation of any of the provisions of this Chapter and may seek any other remedy or relief authorized by law. (29-15-108.1.)