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 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.
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.