Sec. 22-57. - Implementation, administration and enforcement of article.

(a)

This article shall be implemented, administered and enforced by the town police department or any other town department or division designated by the director of public safety.

(b)

The provisions of this article which prohibits a person from making or continuing noise disturbances, or causing the noise disturbance to be made or continued, across a real property boundary, shall be enforced by the police department or any other town department or division as designated by the director of public safety.

(c)

To implement and enforce this article, the police department, or any duly designated town agency, shall have the power to:

(1)

Conduct research, monitoring and other studies related to sound;

(2)

Conduct programs of public education regarding the causes, effects and general methods of abatement and control of noise as well as the actions prohibited by this article and the procedures for reporting violations;

(3)

Coordinate the noise control activities of all town departments;

(4)

Review public and private projects, including those subject to mandatory review or approval by other departments, for compliance with this article, if these projects are likely to cause sound in violation of this article;

(5)

Prepare recommendations for consideration by the town council.

(d)

Whenever a violation of this article occurs and two or more persons are present in or on the property from which the sound emanates, and it is impossible to determine which of such persons is the violator, the owner of the property, if present, shall be presumed responsible for violation. In the absence of such owner, the tenant or tenants of such property or any person present with the direct consent of the owner shall be held responsible for the violation.

(e)

In the case of continuing violations, the town solicitor may institute an action for injunctive relief against the owner and/or tenant of the property.

(Code 1986, § 9-26; Ch. 849, § 1, 7-7-2004)