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ORDINANCE NOc?O 3­0 7-0S <br /> AN EMERGENCY ORDINANCE ADOPTING CERTAIN RULES AND REGULATIONS <br /> CONCERNING EXTERNAL NOISE ATTENUATION OF DATA CENTERS AND TO <br /> PREVENT NOISE DISTURBANCE IN THE CITY OF BATESVILLE; TO DECLARE <br /> AN EMERGENCY; AND FOR OTHER PURPOSES <br /> WHEREAS,the equipment associated with the cooling systems and generators required to <br /> operate data centers generate broadband noise and low-frequency hums that result in noise <br /> disturbance. Noise disturbance is the cause of degradation and may produce negative impacts on <br /> public health, property, and the environment. <br /> WHEREAS, noise attenuation should be an integral part of the design and construction of data <br /> centers in order to prevent noise pollution and noise disturbance. <br /> WHEREAS, the City finds that the public interest is served by the prevention of unreasonable <br /> noise emanating externally from the Data Centers and the provisions of this Ordinance are <br /> enacted for the purpose of preserving and protecting the public health, safety, welfare and <br /> property of the citizens of Batesville, Arkansas. <br /> THEREFORE, BE IT ORDAINED BY THE CITY OF BATESVILLE, ARKANSAS,AS <br /> FOLLOWS: <br /> ARTICLE 1. Purpose and Applicability <br /> All Data Centers constructed within this jurisdiction shall be designed and built to incorporate <br /> external noise attenuation measures in order to minimize the impact of noise disturbance on the <br /> residents of Batesville, Arkansas. <br /> This ordinance shall apply to limit the noise disturbance originating within the municipal limits <br /> of Batesville, Arkansas. <br /> ARTICLE 2: Definitions <br /> For the purpose of this Ordinance, the following definitions shall apply unless the context clearly <br /> indicates or requires a different meaning: <br /> 1. Ambient Noise: The all-encompassing noise level associated with a given environment, <br /> being a composite of sounds from all sources, excusing the alleged offensive noise, at the <br /> locations and approximate time at which comparison with the alleged offensive noise is <br /> to be made. <br /> 1 <br />