Skip to main content
Loading…
This section is included in your selections.

(1) A notice of infraction represents a determination that an infraction has been committed. The determination will be final unless contested as provided in this chapter.

(2) The form for the notice of infraction shall include the following:

(a) A statement that the notice represents a determination that a nuisance noise infraction has been committed by the person named in the notice and that the determination shall be final unless contested as provided in this chapter;

(b) A statement that a nuisance noise infraction is a noncriminal offense for which imprisonment may not be imposed as a sanction;

(c) A statement of the specific nuisance noise infraction for which the notice was issued;

(d) A statement of the monetary penalty established for the particular infraction;

(e) A statement of the options provided in this chapter for responding to the notice and the procedures necessary to exercise these options;

(f) A statement that at any hearing to contest the determination the town has the burden of proving, by a preponderance of the evidence, that the infraction was committed, and that the person may subpoena witnesses including the officer who issued the notice of infraction;

(g) A statement that at any hearing requested for the purpose of explaining mitigating circumstances surrounding the commission of the infraction, the person will be deemed to have committed the infraction and may not subpoena witnesses;

(h) A statement that the person must respond to the notice as provided in this chapter within 15 days;

(i) A statement, which the person shall sign, that the person promises to respond to the notice of infraction in one of the ways provided in this chapter;

(j) A statement that failure to respond to a notice of infraction as promised is a misdemeanor and may be punished by a fine or imprisonment in jail or both. (Ord. 340 § 6, 1990)