(A) Any or all of the following persons may be held responsible for noise violations:
(1) The person operating the equipment or creating the noise;
(2) The person who employs the person operating the equipment or creating the noise at the time of the violation;
(3) The person who owns or rents the property where the violation occurs.
(B) The following acts, and the causing thereof, are declared to be in violation of this chapter:
(1) The sound level emanating from the data center exceeds 65 dBa or higher during the hours of 8:00 a.m. to 10:00 p.m. or 55 dBa or higher during the hours of 10:00 p.m. to 8:00 a.m. measured at the property line of the receiving property.
(2) The noise attenuation measures provided in the design plan to the County Judge are not incorporated in the construction of the data center.
(3) Any of the required sound study results are not filed with the County Judge and the County Clerk within 30 days of completion of the report.
(4) The building plan is not filed with the County Judge and the County Clerk within 30 days of completion of the plan prior to construction.
(5) Failure to act in accordance with any other provision of this chapter.
(C) All data centers shall be in compliance with the requirements of this chapter before commencing operation; failure to do so will be deemed in violation of this chapter and result in an injunction and/or a stay in commencing operation.
(Ord. 2023.23, passed 7-31-2023)