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7 <br /> exception shall have the burden of proving that the exception applies and that the terms of the exception have <br /> been met. <br /> (Ord.of 6-7-2005, art.VI,eff.6-7-2005) <br /> Sec. 16-57. Violations and penalties. <br /> (a) Violations. <br /> (1) The Orange County Sheriff shall be responsible for the enforcement of this Article, including <br /> responding to complaints concerning possible noise,such as specifically prohibited noise and <br /> unreasonably loud and disturbing noise,determining noise level violations of this Article and issuing of <br /> warnings or notices as provided for in this Article. <br /> (2) Upon his or her determination that there is probable cause to believe that a violation of this Article has <br /> occurred,the Orange County Sheriff shall determine the source of the noise and the person <br /> responsible for it and promptly notify the person responsible for the noise of the fact that a violation <br /> has occurred. <br /> (3) Any person or persons violating this Article shall be first warned of the unlawfulness of such noise <br /> activity and be given a reasonable opportunity to peacefully disperse,discontinue or to abate such <br /> noise condition prior to being subject to further enforcement action. Not more than one warning shall <br /> be given for a violation,and additional warnings will not be given for a continuing violation. <br /> (4) Failure on the part of the person or persons responsible to timely comply with the Sheriff's directive to <br /> eliminate the violation or to otherwise abate the violation,after notification, shall constitute a violation <br /> of this Article. <br /> (5) An arrest,citation or complaint for the violation of any part of this Article must be based on probable <br /> cause arising from objective evidence of the following: <br /> a. A specifically prohibited noise identified in section 16-52. (Provides minimum noise protection <br /> and the least inclusiveness of the types of noises prohibited);and/or <br /> b. Physical sense perceptions and observations of unreasonably loud and disturbing noise as <br /> defined in, and proscribed in subsection 16-53(a),at the time and place such is occurring <br /> (provides intermediate noise protection and intermediate inclusiveness of the types of noises <br /> prohibited); and/or <br /> C. Noise that exceeds the maximum permissible sound levels prescribed in subsection 16-53(b)of <br /> this Article(provides maximum noise protection and maximum inclusiveness of the types of <br /> noises prohibited); and/or <br /> d. Noise that violates any combination of the foregoing. <br /> (6) For purposes of this Article the"Orange County Sheriff'shall include the Sheriff and any Deputy Sheriff <br /> of Orange County. <br /> (b) Civil penalties. <br /> (1) Any person violating any of the provisions of this Article shall be subject to a civil penalty of$100.00. <br /> Each day of a continuing violation shall constitute a separate violation under this subsection. <br /> (2) The county manager,or his or her designee,shall be authorized to assess civil penalties under this <br /> Article and shall make written demand for payment upon the person responsible for the violation and <br /> shall set forth in detail the violation for which the penalty has been invoked. If payment is not received <br /> or equitable settlement reached within 60 days after demand for payment is made,the matter shall be <br /> Created: 2023-12-19 09:11:21 [EST] <br /> (Supp.No.14) <br /> Page 5 of 6 <br />