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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 />