(1) Any person found to be in violation of the provisions of this Chapter shall be deemed to have committed a civil infraction and for each violation shall be subject to a civil penalty not to exceed five hundred dollars.

(2) Forfeitures. In lieu of requesting a court appearance within 14 calendar days after the issuance of a notice of infraction under this Chapter, any person charged with having committed a first violation occurring in the period from August 1 through July 31 under the provisions of the noise ordinance may within 14 calendar days after the issuance of the notice of infraction forfeit to the Whitman County District Court a penalty in the sum of $100.00.

(3) Mandatory appearance. Any person charged with having committed a second or subsequent civil infraction under the provisions of the noise ordinance shall appear before the Whitman County District Court within 14 calendar days after the issuance of the notice of infraction. Upon a finding by the court that a second or subsequent infraction has occurred, the court shall impose a penalty of not less than $500.00 for each such finding unless the court finds that mitigating circumstances justify a lesser penalty. Nothing herein shall preclude the court from imposing a penalty up to the sum set forth in 8.80.080(1) for first offenders.

(4) Failure to appear. Any person who fails to forfeit as provided for in 8.80.080(2), or who fails to appear as required in 8.80.080(3), or otherwise fails to appear when required to do so shall be considered as having consented to the entry of a finding of guilty of the infraction charged, and the entry thereon of a judgment of guilty and the imposition of a penalty in the full amount set forth in 8.80.080(1) in favor of the city as liquidated damages for damages sustained by the public for the violation of this Chapter and the cost of enforcement thereof.

(5) Collection of penalties. Any penalty not paid to the court when due or as ordered by the court shall be considered a debt due the city and after the passage of thirty calendar days thereafter shall be collected by the city using any legal or equitable remedies available, or by engaging the services of a collection agency or agencies to do so. (Ord. 05-8 §7, 2005; Ord. 99-40 §4, 1999; Ord. 99-26 §8, 1999; Ord. 93-16 §3, 1993; Ord. 88-4 §5, 1988; Ord. 82-20 §1, 1982).