HomeMy WebLinkAbout1996-053e \wpdoce\ord\arts ord
ORDINANCE NO qto U S3
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, the Denton Festival Foundation has made
application to the City Council for an exception to the provision
of that same section restricting the operation of amplified loud-
speakers after 10 00 p m., in connection with the Denton Arts &
Jazz Festival annual event held at the Civic Center Park, and in
connection with said request, has requested the exception to be
granted on an ongoing basis for said annual event at said location
the last Sunday in April from noon until 8 00 p m , and
WHEREAS, upon prior application and approval by the City
Council of the City of Denton, Texas, the Denton Festival Founda-
tion has consistently demonstrated over the past four years an
ability to responsibly operate amplified loudspeakers in connection
with the Denton Arts & Jazz Festival annual event held at Civic
Center Park, 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, sub]ect 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 §20-1(c)(2) of the Code of
Ordinances, the Denton Festival Foundation is hereby granted an
exception said section's 10 00 p m limitation upon the operation
of amplified loudspeakers, sub3ect to the conditions listed below
1 This exception is granted only in connection with the
operation of the Denton Arts & Jazz Festival annual event at
the Civic Center Park, on the last Sunday in April from noon
until 8 00 p m
2 The Denton Festival Foundation 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 The Denton Festival Foundation agrees to cease using
amplified loudspeakers at 8 00 p m
4 Under no circumstances shall the annual event employ the
use of amplified loudspeakers before noon or past 8 00 p m on
Sunday
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 rescinded
PASSED AND APPROVED this the Jej� day of 1996
ATTF
JEND
Fm
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
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