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5 <br /> Article VI: Burden of Proof Regardins Exceptions <br /> In any proceeding based upon this ordinance, if an <br /> exception stated in this ordinance would limit <br /> obligation, limit liability, or eliminate either an <br /> obligation or liability, the person who would benefit <br /> from the application of the exception shall have the <br /> burden of proving that the exception applies and that <br /> the terms of the exception have been met. <br /> Article VII: Violations and Penalties <br /> (1) Violations <br /> The Orange County Sheriff shall be responsible for <br /> determining noise level violations of this <br /> ordinance. Upon his determination that the noise <br /> levels prescribed herein have been exceeded he <br /> shall determine the source of the noise and the <br /> person responsible for it and promptly notify the <br /> person responsible of the noise limits prescribed <br /> herein and the fact that they are being exceeded. <br /> He shall also then notify the person responsible <br /> to immediately comply with the Sheriff's directive <br /> to reduce the noise level to a permissible level <br /> after notification shall constitute a violation of <br /> this ordinance. Failure on the art of the person <br /> responsible to maintain the noise to a permissible <br /> level shall include any incident of noise <br /> exceeding the levels prescribed herein occurring <br /> witin twenty-four hours of notification by the <br /> Sheriff that the noise exceeds permissible levels. <br /> For purposes of this ordinance "The Orange County <br /> Sheriff" shall include the Sheriff and any Deputy <br /> Sheriff of Orange County. <br /> (2) Civil Penalties <br /> (a) Any person violating any of the provisions <br /> of this ordinance shall be subject to a <br /> civil penalty of one hundred dollars <br /> ($100. 00) . Each day of a continuing <br /> violation shall constitute a separate <br /> violation under this subsection. <br /> (b) The Orange County Board of Commissioners <br /> shall assess civil penalties under this <br /> ordinance and shall make written demand for <br /> payment upon the person responsible for the <br /> violation and shall set forth in detail the <br /> violation for which the penalty has been <br /> invoked. If payment is not received or <br /> equitable settlement reached within sixty <br /> (60) days after demand for payment is made, <br /> the matter shall be referred to the County <br /> Attorney for institution of a civil action <br /> in the name of the County in the appropriate <br />