HomeMy WebLinkAbout1999-073ORDINANCE NO q/ -o L1--J
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 loudspeakers from Monday
through Saturday after 10 00 p in and at anytime on Sunday, 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 Friday and Saturday in April until 1100 p in , and the last Sunday in April from noon until
1000pin, and
WHEREAS, upon prior application and approval by the City Council of the City of Denton,
Texas, the Denton Festival Foundation has consistently demonstrated over the past seven 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, 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 §20-1(c)(2) of the Code of Ordinances, the Denton Festival
Foundation is hereby granted an exception from said section's 10 00 p in limitation from Monday
through Saturday and prohibition on Sunday, 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 Denton Arts &
Jazz Festival annual event at the Civic Center Park, on the last Friday and Saturday in April
until 1100 p in and the last Sunday in April from noon until 10 00 p in
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 sensibilities in the immediate vicinity of the event
3 The Denton Festival Foundation agrees to cease using amplified loudspeakers at
1100 p in on Friday and Saturday and 10 00 p in on Sunday
4 Under no circumstances shall the annual event employ the use of amplified
loudspeakers past 1100 p in on Friday or Saturday or before noon or past 10 00 p in 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 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
criminal, 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 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 theGPf day of Qh� 1999
JACK LER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
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