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ORDINANCE 2008-418 <br />AN ORDINANCE AMENDING CHAPTER 200 (NUISANCES) SECTION 4, NUMBER 11 REGARDING <br />NOISE <br />THE CITY OF HUGO ORDAINS: <br />Section 1. The City Council of the City of Hugo does hereby amend Chapter 200, Section 4, Number 11 to state <br />the following: <br />11) All unnecessary noises which tend to disturb the peace and repose of neighboring residents. In addition the <br />following requirement for amplified sound from motor vehicles shall be met. <br />A. Amplified sound from motor vehicles. It shall be a violation of this section to play, operate or <br />permit the playing, use or operation of any radio, tape player, disc player, loud speaker or other <br />electronic device used for the amplification of sound, music, or other entertainment, which is <br />located within a motor vehicle on a public street or alley, or in a commercial or residential <br />parking facility, which is plainly audible by any person from a distance of fifty (50) feet or more <br />from the motor vehicle. When sound violating this section is produced or reproduced by any such <br />device that is located in a motor vehicle, the motor vehicle's owner, if present when the violation <br />occurs, is guilty of the violation. If the motor vehicle's owner is not present at the time of the <br />violation, the person who has dominion, care or control of the motor vehicle at the time of the <br />violation is guilty of the violation. In addition to an owner or a driver, any person who controls or <br />assists with the production, reproduction, or amplification of sound in violation of this section is <br />guilty of the violation. <br />I. Enforcement Duties. The Sheriffs Department shall enforce the provisions of <br />this section. <br />II. Civil Remedies. This ordinance may be enforced by injunction, action for <br />abatement, or other appropriate civil remedy. <br />III. Criminal Penalties. Every person who violates any provision of this ordinance is <br />guilty of a misdemeanor and shall, upon conviction, be subject to a fine of not <br />more than $500 or imprisonment for a term of not to exceed ninety (90) days, or <br />both plus, in either case, the costs of prosecution. Each act of violation and each <br />day a violation occurs or continues constitutes a separate offense. <br />Section 2. Severability. In the event that a court of competent jurisdiction adjudges any part of this Ordinance to <br />be invalid, such judgment shall not affect any other provision of this Ordinance not specifically included with that <br />judgment. <br />Section 3. Effective Date. This amendment shall take effect upon its passage and publication. <br />ADOPTED BY THE HUGO CITY COUNCIL ON JULY 7, 2008 <br />F ion, Mayor <br />ATTEST: <br />Michele Lindau, City Clerk <br />