§ 2-5-133. Issuance of warning.

When a law enforcement officer has probable cause to believe that a violation of this article has occurred, he shall issue a warning to the person or persons responsible for the noise. The warning shall advise the person or persons of the violation of this article and of the possible penalty if such violation is not terminated. After the person or persons responsible for the noise are given such warning, a reasonable time shall be given to comply. Absent special circumstances, "reasonable time" shall mean fifteen (15) minutes in the case of nonvehicular noise emissions and two (2) calendar days for vehicular noise emissions other than horns or other signaling devices. For the purposes of this subsection, it is sufficient warning for all prohibited noises if the person responsible for any succeeding noises is warned of one offending noise of the same type per twenty-four-hour period. If the noise violation is not eliminated within a reasonable time after the warning as prescribed in this subsection, the person so warned and not complying shall either be arrested or be given a summons to appear in County Court for a violation of this article and upon conviction shall be guilty of an offense.

(Ord. No. 94-02, § 3, 1-24-94)