(a)Any person violating or permitting violation of any of the provisions of this chapter is guilty of an infraction for each of the first two violations within a period of one year, and upon conviction thereof, shall be punished by a fine not to exceed the fine prescribed in accordance with the provisions of section 36900(b) of the California Government Code, or successor legislation. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. Any repetition or continuation of any violation, reasonably capable of immediate correction after receipt of written or verbal notice shall constitute a separate offense and shall be punished as such.
(b)Any person violating or permitting violation of any of the provisions of this chapter for the third time within a one-year period is guilty of a misdemeanor, and shall be punished by a fine or, by imprisonment in the county jail, or by both such fine and imprisonment not to exceed the maximum fine and/or imprisonment established in section 36901 of the California Government Code, or successor legislation.
(c)Upon the third confirmed violation of this chapter within a twenty-four-hour period of time beginning on the first notice of violation issued, the police department may take action as necessary to abate the noise violation, including but not limited to instructing the host to "close the party," physically arresting the host or taking the amplifying equipment as evidence. (Ord. No. 1700, § 1 (part); Ord. No. 1854, § 2; Ord. No. 1955 (part).)