Laserfiche WebLink
e. Whether proper and reasonable noise attenuation methods were followed and <br />maintained <br />ARTICLE 6: Violations <br />1. Any or all of the following persons may be held responsible for noise violations: <br />a. The person operating the equipment or creating the noise; <br />b. The person who employs the person operating the equipment or creating the noise <br />at the time of the violation; <br />c. The person who owns or rents the property where the violation occurs. <br />2. The following acts, and the causing thereof, are declared to be in violation of this <br />Ordinance: <br />a. The sound level emanating from the Data Center exceeds 65 dBa or higher <br />during the hours of 8 A.M. to 10 P.M. or 55 dBa or higher during the hours of 10 <br />P.M. to 8 A.M. measured at the property line of the receiving property. <br />b. The noise attenuation measures provided in the design plan to the mayor are not <br />incorporated in the construction of the Data Center. <br />c. Any of the required sound study results are not filed with the mayor and the city <br />clerk within 30 days of completion of the report. <br />d. The building plan is not filed with the mayor and the city clerk within 30 days of <br />completion of the plan prior to construction. <br />e. Failure to act in accordance with any other provision of this Ordinance. <br />3. All data centers shall be in compliance with the requirements of this Ordinance before <br />commencing operation; failure to do so will be deemed in violation of this Ordinance and <br />result in an injunction and/or a stay in commencing operation. <br />ARTICLE 7: Penalties <br />(1) Any person(s), firm, corporation, partnership, association, owner, occupant, agent or <br />anyone having ownership in the subject property or supervision or control over the Data <br />Center that violates or fails to comply with any provision of this Ordinance, shall be <br />guilty of a misdemeanor. <br />(2) Upon conviction of such violation, any offending party shall be punished by fine of $500 <br />for any one specified offense or violation, or double that sum for repetition of the offense <br />or violation. If the act prohibited is continuous in time, the fine or penalty for allowing <br />the continuance thereof, in violation of this Ordinance, shall be $250 for each day that it <br />may unlawfully continue. If the prohibited act continues after conviction of violation, an <br />injunction in court of proper j urisdiction to abate the nuisance and violation of the <br />Ordinance may be sought and awarded. <br />C <br />