Notwithstanding any other provision of this article, any violation of this article may be charged as a misdemeanor instead of being processed as an infraction. In determining whether to charge a violation as a misdemeanor the town prosecuting attorney should consider the number of nuisance noise infractions committed by the defendant during the previous 12 months; the duration, loudness, and intensity of the noise; the number of persons disturbed by the noise and other relevant factors. (Ord. 340 § 12, 1990)