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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 jurisdiction to abate the nuisance and violation of the <br /> Ordinance may be sought and awarded. <br /> 6 <br />