Penalties.

Gilbert Town Code § 42-65

in effect

Sec. 42-65. - Penalties. (a) Violations of sections 42-61, 42-62, and 42-63. (1) Civil violations. Upon a finding that a person is responsible for a civil violation of section 42-61, section 42-62 or section 42-63, the civil hearing officer shall impose a civil sanction of not less than $100.00 nor more than $500.00 for each violation. (2) Habitual offender. A habitual offender is a person who commits a violation of this division after previously having been found responsible for committing three or more civil violations of this division within a 24-month period, whether by admission, by payment of the fine, by default or by judgment after hearing, a habitual offender shall be guilty of a criminal misdemeanor complaint in the town municipal court against habitual offenders who violate this division. For purposes of calculating the 24-month period under this paragraph, the dates of the commission of the offenses are the determining factor. a. For habitual offenders, upon conviction of a violation of this division the court may impose a sentence of incarceration not to exceed six months in jail; or a fine not to exceed $2,500.00, exclusive of penalty assessments prescribed by law; or both. The court shall order a person who has been convicted of violation of this division to pay a fine of not less than $500.00 for each count upon which a conviction has been obtained. A judge shall not grant probation to or suspend any part of all of the imposition or execution of any sentence required by this subsection except on the condition that the person pays the mandatory minimum fines as proved in this paragraph. b. Every action or proceeding under this division shall be commenced and prosecuted in accordance with the laws of the state relating to criminal misdemeanors and the state rules of criminal procedure. (b) Violations of section 42-64 regarding unnecessary noise in residential areas. (1) Criminal penalty. A person who violates section 42-64 shall be guilty of a petty offense, and upon conviction thereof, shall be punished by a fine not to exceed $2,500.00. Each day that a violation continues shall be a separate offense. (2) Following the issuance of a written warning for a violation of section 42-64, a subsequent violation of section 42-64 may be subject to a petty offense, and upon conviction thereof, the violator shall be punished by a fine not to exceed $2,500.00. Each day that a violation continues shall be a separate offense. (c) Savings clause. A prosecution which is pending on the effective date of this section and which arose from a violation of an ordinance repealed by this section, or a prosecution which is started within one year after the effective date of this section arising from a violation of an ordinance repealed by this section, shall be tried and determined exactly as if the section had not been repealed. (d) Enforcement. The police chief and his/her designees, including code enforcement officers as applicable, shall have the authority to enforce the noise regulations contained in this division. Nothing in this division shall prevent obtaining voluntary compliance by way of warning, notice or education. (Ord. No. 1410, § I, 7-23-02; Ord. No. 2649, § I, 2-15-18)

Source: Town of Gilbert, Arizona, Town Code (Municode Library, library.municode.com)URL: https://library.municode.com/az/gilbert/codes/code_of_ordinances?nodeId=CO_CH42OFABPUNU_ARTIIIOFINPUPEOR_DIV1GE_S42-65PEFetched: 11/1/2026