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HomeMy WebLinkAbout1997-193\d0c9\ord\proyouth ord ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING, PURSUANT TO SECTION 20-1(c)(2) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, AN EXCEPTION TO THE LIMITATIONS IMPOSED BY THAT SECTION WITH RESPECT TO HOURS OF OPERATION OF AN AMPLIFIED LOUDSPEAKER SYSTEM, AND SETTING AN EFFECTIVE DATE WHEREAS, pursuant to §20-1(c)(2) of the Code of Ordinances of the City of Denton, Texas, Pro Youth Rodeo Association has made application to the City Council for an exception to the provision of that same section restricting the operation of amplified loudspeakers after 10 00 p m , in connection with the Pro Youth Rodeo annual event held at North Texas State Fair Grounds at 2217 North Carroll Boulevard in Denton, Texas, and in connection with said request, has requested the exception to be granted on an ongoing basis for said annual event at said location Thursday, Friday, and Saturday of the first weekend in July, and WHEREAS, upon prior application and approval by the City Council of the City of Denton, Texas, Pro Youth Rodeo Association has consistently demonstrated over the past four (4) years an ability to responsibly operate amplified loudspeakers in connection with the Pro Youth Rodeo annual event held at North Texas State Fair Grounds, at times past the hours defined in §20-1(c)(2) of the Code of Ordinances of the City of Denton, Texas, within the public interest and without materially disturbing persons of ordinary sensibilities in the immediate vicinity thereof, and WHEREAS, based upon this past history, the City Council of the City of Denton, Texas finds that granting an exception for this annual, event on an ongoing basis, subject to the restrictions contained herein, would serve the public interest, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION_I. That, pursuant to 920-1(c)(2) of the Code of Ord- inances, Pro Youth Rodeo Association is hereby granted an exception to this section's 10 00 p m limitation upon the operation of amplified loudspeakers, subject to the conditions listed below 1 This exception is granted only in connection with the operation of the Pro Youth Rodeo annual event at North Texas State Fair Grounds at 2217 North Carroll Boulevard in Denton, Texas, on Thursday, Friday, and Saturday of the first weekend in July 2 Pro Youth Rodeo Association agrees to take full responsibility for ensuring that the conditions of this exception are met, and to take all reasonable measures necessary to avoid disturbing persons of ordinary sensibili- ties in the immediate vicinity of the event 3. Pro Youth Rodeo Association agrees to cease using amplified loudspeakers at 12 00 midnight on Thursday and Friday and 1 00 a m on Saturday 4 Under no circumstances shall the annual event employ the use of amplified loudspeakers between the hours of 12 00 mid- night and 7 00 a m., except as listed above 5 This ordinance confers no personal or property rights, and may be amended, modified, superseded or revoked in whole or in part at the will of the City Council of the City of Denton, Texas, without any advance warning, hearing or compen- sation, for any reason at all, or for no reason 6 This ordinance shall be strictly construed as an excep- tion granted pursuant to §20-1(c)(2) of the Code of Ordinances of the City of Denton, Texas The City of Denton, Texas expressly reserves unto itself and all other persons any and all legal remedies, civil or criminal, relating to excessive noise in connection with this annual event, and hereby dis- claims any promissory or equitable estoppel which might in any way impede the pursuit of such remedies by any person SECTION II. That this ordinance shall become effective immediately upon its passage and approval, and expire three years hence, unless sooner repealed, modified or resci ded PASSED AND APPROVED this the day of 1997 0 JAC V ILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APP VED AS TO LEGAL FORM. HERBERT L PROUTY, CITY ATTORNEY PAGE 2