HomeMy WebLinkAbout2000-166v \shared\dept\LGL\Our Documents\Ordinances\00\Juneteenth 3 year doc
ORDINANCE NO ff —16
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 PROVIDING AN EFFECTIVE DATE
WHEREAS, pursuant to Section 20-1(c)(2) of the Code, Denton Parks and Recreation
Department 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 Juneteenth Celebration activities annual event held at 613 Lakey Street, Fred Moore
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 for two days between June 12 and June 26 of
each year, and
WHEREAS, upon prior application and approval by the City Council of the City of
Denton, Texas, Denton Parks and Recreation Department has consistently demonstrated over the
past three years an ability to responsibly operate amplified loudspeakers in connection with
Juneteenth Celebration Activities annual event held at 613 Lakey Street, Fred Moore Park, at
times past the hours defined in §20-1(c)(2) of the Code, 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 for a three-year period,
subject to the restrictions contained herein, would serve the public interest, NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
E T�ION 1 That, pursuant to §20-1(c)(2) of the Code of Ordinances Denton Parks and
Recreation Department is hereby granted an exception to this section's 10 00 p in 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 Juneteenth
Celebration Activities annual event at 613 Lakey Street, Fred Moore Park, for two days
between June 12 and June 26 of each year
2 Denton Parks and Recreation Department 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 sensibilities in the immediate vicinity
of the event
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3 Denton Parks and Recreation Department agrees to cease using amplified loudspeakers at
12 00 midnight Monday through Thursday, 100 a in Friday and Saturday and 11 00 p in
on Sunday
4 Under no circumstances shall the annual event employ the use of amplified loudspeakers
between the hours of 100 a in and 7 00 a in
5 This ordinance confers no personal or property rights, and may be amended, modified,
superseded or revoked in whole or in park at the will of the City Council of the City of
Denton, Texas, without any advance warning, hearing or compensation, for any reason at
all, or for no reason
6 This ordinance shall be strictly construed as an exception 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
crinunal, relating to excessive noise in connection with this annual event, and hereby
disclaims any promissory or equitable estoppel which might in any way impede the
pursuit of such remedies by any person
SECTION 2 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 4 day of 2000
MAYOR
ATTEST;
JENNIFER WALTERS, CITY SECRETARY
BY
APPR ED AS TO LEGAL FORM
HER13ERT L PROUTY, CITY ATTORNEY