§ 368.302. Violations and civil penalties.

The following civil penalties may be assessed by administrative or judicial process.

(a)

A person who:

(1)

Makes or continues or causes to be made or continued a noise disturbance or a noise in excess of the standards for noise established under the rules of the Board;

(2)

Violates a condition of a variance granted by the Board under Section 368.304;

May be administratively or judicially assessed a civil penalty of up to $10,000 for each violation.

(b)

An applicant for a variance under this Chapter and an officer, director, partner, agent or attorney of an applicant who knowingly makes a false statement or provides false information on a document or paper accompanying and forming a part of the application shall be administratively or judicially assessed a civil penalty of up to $1,000.00 for each false statement or false item of information.

(c)

A person who aids or participates in a violation for which a civil penalty may be assessed under this Chapter shall be considered a principal in the violation and may be assessed a civil penalty of up to the maximum amount prescribed for that violation.

(d)

For violations that are of a continuing nature, each day that the violation continues shall be a separate offense subject to penalty.

(e)

Each day during any portion of which such violation as described in subsection 368.302(a) occurs constitutes a separate offense.

(Ord. 84-674-684, § 3; Ord. 88-117-123, § 17; Ord. 89-1235-597, § 1; Ord. 94-1307-763, § 8; Ord. 2009-359-E, § 3)