ORD-2005-025 - Resolution and Ordinance to Provide for the Control of Noise in OC

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(e) An arrest, citation or complaint for the violation of any part of this .Ordinance must be based on probable cause arising from objective evidence of the following: 1) A specifically prohibited noise identified in Article II of this Ordinance. (Provides minimum noise protection and the least inclusiveness of the types of noises prohibited); and/or 2) Physical sense perceptions and observations of unreasonably loud and disturbing noise as defined in, and proscribed in subsection (1) of Article III of, this Ordinance, at the time and place such is occurring (Provides intermediate noise protection and intermediate inclusiveness of the types of noises prohibited); and/or 3) Noise that exceeds the maximum permissible sound levels prescribed in subsection (2) of Article III of this Ordinance (Provides maximum noise protection and maximum inclusiveness of the types of noises prohibited); and/or 4) Noise that violates any combination of the foregoing. (f) For purposes of this Ordinance the "Orange County Sheriff' shall include the Sheriff and any Deputy Sheriff of Orange County. (2) Civil Penalties (a) Any person violating any of the provisions of this ordinance shall be subject to a civil penalty of one hundred dollars ($100.00). Each day of a continuing violation shall constitute a separate violation under this subsection. (b) The County Manager, or his or her designee, shall be authorized to assess civil penalties under this Ordinance and shall make written demand for payment upon the person responsible for the violation and shall set forth in detail the violation for which the penalty has been invoked. If payment is not received or equitable settlement reached within sixty (60) days after demand for payment is made, the matter shall be referred to the County Attorney for institution of a civil action in the name of the County in the appropriate division of the General Court