(a) The Virgin Islands Police Department, the Virgin Islands Department of Licensing and Consumer Affairs, and the Virgin Islands Department of Health may investigate any possible violations of this chapter.
(b) To determine whether violation of this chapter has taken place, the Virgin Islands Police Officers, the Virgin Islands Department of Licensing and Consumer Affairs enforcement officers, or the Virgin Islands Department of Health shall use a sound level meter to determine whether a sound constitutes a noise disturbance or exceeds the sound level permitted for certain acts as provided in section 2042a of this chapter. The sound level meter must be calibrated annually according to industry standards. In the absence of calibrated sound level meters, Virgin Islands police officers and the Virgin Islands Department of Licensing and Consumer Affairs enforcement officers and the Virgin Islands Department of Health may use an average of two different mobile telephone applications to determine decibel levels for the purposes of issuing warnings.
(c) Any person who refuses to submit to a sound level test when requested to do so by a law enforcement officer is guilty of a civil offense punishable by a fine of $250.
(d) Any person found to have violated section 2042 of this chapter is guilty of a civil offense punishable by a fine of $500.
(e) Any person who owns, has charge of, or, where applicable, occupies a building in which a sound, or sounds emanate that constitute a noise disturbance or exceed the noise limit as provided in section 2042a of this chapter is subject to a fine of $500 for that violation and each subsequent violation.
(f) The owner of any business at which a sound or sounds emanate that constitute a noise disturbance or exceed the noise limit as provided in section 2042a is subject to a $500 fine for the first violation, and a $1,000 fine for the second and each violation thereafter. The Department of Licensing and Consumer Affairs, in addition to imposing a fine of $1,000, shall call the person before the Department of Licensing and Consumer Affairs to show cause why the person’s business license should not be suspended or revoked.
(g) All enforcement officers may issue a warning for a first violation of this chapter by an individual or business entity.
(h) All fines collected under this chapter must be remitted to the Commissioner of Finance and covered into the Consumer Protection Fund within the Treasury of the Government of the Virgin Islands.
(i) All fines authorized under this chapter may be assessed by any of the three enforcement agencies. Violators are entitled to an administrative hearing pursuant to regulations applicable to administrative hearings conducted by the Department of Licensing and Consumer Affairs.
(j) The Attorney General may seek civil remedies, including an injunction to prevent or abate violations of this chapter.
(k) The Virgin Islands Police Department shall coordinate the noise complaint response by all agencies charged with regulating noise under this chapter. All departments and agencies charged with responsibility for responding to noise complaints shall cooperate and share information with the Virgin Islands Police Department in tracking and monitoring complaint responses.
(l) The Virgin Islands Police Department shall designate a Noise Prevention and Control Officer to coordinate the responsibilities of the Department of Health, Department of Licensing and Consumer Affairs, and the Department of Planning and Natural Resources under this chapter with respect to noise.