1995-126E:\WPDOCS\ORD\NTFAIR.O
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, North Texas State Fair Association has
made application to the City Council for an exception to the
provision of that same section restricting the operation of ampli-
fied loudspeakers after 10:00 p.m., in connection with the North
Texas State Fair And Rodeo annual event held at 2217 North Carroll
Boulevard, North Texas State Fairgrounds, 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 eleven
days between August 15 and August 31 of each year; and
WHEREAS, upon prior application and approval by the City
Council of the City of Denton, Texas, North Texas State Fair
Association has consistently demonstrated over the past three years
an ability to responsibly operate amplified loudspeakers in
connection with the North Texas State Fair and Rodeo annual event
held at 2217 North Carroll Boulevard, 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 except~0n 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, North Texas State Fair 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 North Texas State Fair and Rodeo annual event
at 2217 North Carroll Boulevard, North Texas State Fair-
grounds, for eleven days between August 15 and August 31 of
each year.
2. North Texas State Fair 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. North Texas State Fair Association agrees to cease using
amplified loudspeakers at 12:00 midnight Monday through
Thursday, 1:00 a.m. Friday and Saturday and 11:00 p.m. on
Sunday.
4. Under no circumstances shall the annual event employ the
use of amplified loudspeakers between the hours of 1:00 a.m.
and 7:00 a.m.
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 resg%~nded.
BOB CASTLEBERRY, MAY~ ~
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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