§ 8.32.240. Enforcement.

A.

Any peace officer, designated member of the county of Los Angeles sheriff department or department of health services, the city manager or his designee is authorized to enforce the provisions of this chapter.

B.

Prima Facie Violation. Any noise exceeding the noise level limits for a designated noise zone as specified in Sections 8.32.050, 8.32.060 and 8.32.070 or any noise disturbances as determined in Section 8.32.085 or the prohibited actions as specified in Sections 8.32.100 through 8.32.210, shall be deemed to be prima facie evidence of a violation of the provisions of this chapter.

C.

In citing violations, the enforcement officer shall specify the standard which has been violated, as set forth in Sections 8.32.050, 8.32.060, 8.32.070 or 8.32.085 in the notice of violation.

D.

Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor (infraction) and upon conviction thereof, shall be fined in an amount not to exceed five hundred dollars or be imprisoned in the city (county) jail for a period not to exceed six months or by both such fine and imprisonment. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.

E.

Except where a person is acting in good faith to comply with an abatement order issued pursuant to subsection F of this section, violation of any provision of this chapter shall be cause for a notice of violation to be issued by the city manager or other responsible enforcement official according to procedures which the city manager may prescribe.

F.

1.

In lieu of issuing a notice of violation, the city manager or other official responsible for enforcement of any provision of this chapter may issue an order requiring abatement of a sound source alleged to be in violation of this chapter, within a reasonable time period and in accordance with guidelines to be promulgated by the city manager.

2.

No complaint or further action shall be taken in the event that the cause of the violation has been removed, the condition abated or fully corrected within the time period specified in the written notice.

G.

As an additional remedy, the operation or maintenance of any device, instrument, vehicle or machinery in violation of any provision of this chapter shall be deemed and is declared to be a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction. Additionally, no provision of this chapter shall be construed to impair any common law or statutory cause of action, or legal remedy therefrom, of any person for injury or damage arising from any violation of this chapter or from other law.

(Ord. 594 § 1, 1997: prior code § 695.15)