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A. Violations of SCC 8.25.030, 8.25.040, and 8.25.050.

1. Civil Violations. Any person who violates SCC 8.25.030, 8.25.040, or 8.25.050 shall be subject, upon order of a court, to a civil penalty of not more than $2,500 for each offense, and each day during which the violation continues shall constitute a separate offense.

2. Habitual Offender. A habitual offender is a person who commits a violation of this chapter after previously having been found responsible for committing three or more civil violations of this chapter within a 24-month period, whether by admission, by payment of the fine, by default or by judgment after hearing. A habitual offender shall be guilty of a criminal class 1 misdemeanor complaint in the city municipal court against habitual offenders who violate this chapter. For purposes of calculating the 24-month period under this subsection, the dates of the commission of the offenses are the determining factor.

a. For habitual offenders, upon conviction of a violation of this chapter, the court may impose a sentence of incarceration not to exceed six months in jail; or a fine not to exceed $2,500, exclusive of penalty assessments prescribed by law; or both. The court shall order a person who has been convicted of violation of this chapter to pay a fine of not less than $500.00 for each count upon which a conviction has been obtained.

b. Every action or proceeding under this chapter shall be commenced and prosecuted in accordance with the laws of the state relating to criminal misdemeanors and the state rules of criminal procedure.

c. Habitual offenders shall not be eligible for a temporary use permit per SLDC 8.4(D) for six months after the third violation within 24 months and each subsequent violation.

B. Violations of SCC 8.25.060 Regarding Unnecessary Noise in Residential Areas – Criminal Penalty. Any person found guilty of violating SCC 8.25.060 shall be guilty of a class 1 misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $2,500 or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment. Each day that a violation continues is a separate offense punishable as set forth herein or by civil sanction.

C. Enforcement. The police chief and his/her designees, including code enforcement officers as applicable, shall have the authority to enforce the noise regulations contained in this chapter. Nothing in this chapter shall prevent obtaining voluntary compliance by way of warning, notice or education.

D. Severability. If any provision or portion of a provision of this chapter is held to be unconstitutional, preempted by federal or state law, or otherwise invalid by any court of competent jurisdiction, the remaining provisions of the ordinance shall not be invalidated. [Ord. 2021-08 § 1, 11-9-2021; Res. 2021-28 Exh. A, 11-9-2021].