§ 16-114. Seizure.

If the magistrate determines that the noise producer is a habitual noise nuisance producer or that the location is a habitual noise nuisance source, the noise producing instrument, equipment, or other noise producing item used by the habitual noise nuisance producer may be immediately seized at the time of a subsequent decibel measurement in excess of that allowed by this article. At the time of such seizure, a written notice of the right to an immediate administrative hearing before a municipal court magistrate shall be issued to the habitual noise producer or owner or person in possession of the habitual noise nuisance source. The hearing shall be for the purpose of determining if a noise nuisance actually occurred on which the seizure was based, and to voice any complaints about the manner of the seizure. If the noise produced is determined by the magistrate not to constitute a noise nuisance, the subject property shall be immediately delivered over to the person from whom it was seized.

(Code 1990, ch. 6, § 3(K)(g); Ord. No. 2000-05-09-15, 5-9-2000; Ord. No. 2005-06-07-13, 6-7-2005; Ord. No. 2005-08-16-20, 8-16-2005; Ord. No. 2009-04-21-10, 4-21-2009)