2014-084sAlegal\our documents \ordinances \14 \consolidation of codified noise provisions -al edits.doc
ORDINANCE • 08i
AN ORDINANCE REPEALING REDUNDANT AND INCONSISTENT NOISE
PROVISIONS FROM THE DENTON DEVELOPMENT CODE, CONSOLIDATING NOISE
ENFORCEMENT AUTHORITY IN EXISTING PROVISIONS OF THE DENTON CODE OF
ORDINANCES AND EXISTING STATE LAW; DIRECTING THE CODIFIER TO CROSS
REFERENCE AS NEEDED; CLARIFYING ENFORCEMENT AUTHORITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council desires to consolidate redundant and inconsistent noise
provisions of the Denton Development Code and Denton Code of Ordinances, to facilitate
enforcement of noise provisions; and
WHEREAS, the City Council desires to reassure and clarify that its repealer of redundant
and inconsistent noise provisions is not intended to imply that excessive noise will be tolerated
under those circumstances, and to that end, desires to direct the Codifier to clarify through cross -
references and notes that existing noise provisions already codified by ordinance and State law
are to be applied instead, at the discretion of the police and prosecutor, as appropriate to the facts
sworn to by the complainant; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Subsection 35.12.11.A. of the Denton Development Code is henceforth
repealed as unnecessary and redundant. All remaining subsections of" Section 35.12.11 are to
remain in place as written. The Codifier is directed to make appropriate notes, cross - references
and State law references as necessary to clarify that the existing noise provisions codified at
Denton Code §17 -20, or Texas Penal Code §42.01(x)(5) may be charged instead, at the
discretion of prosecutor, as appropriate to the facts sworn to by the complainant.
SECTION 2. Subsection 35.22.5.C. of the Denton Development Code is henceforth
repealed as unnecessary and redundant. All remaining subsections of Section 35.22.5 are to
remain in place as written. The Codifier is directed to make appropriate notes, cross - references
and State law references as necessary to clarify that the existing noise provisions codified at
Denton Code §17-20, or Texas Penal Code §42.01(a)(5) may be charged instead, at the
discretion of the prosecutor, as appropriate to the facts sworn to by the complainant.
SECTION 3. Subsection 35.22.2. of the Denton Development Code is henceforth
amended by deleting the "Ambient Noise Level" term and definition in its entirety. All
remaining terms and definitions of Subsection 35.22.2 are to remain in place as written.
SECTION 4. Subsection 35.22.6.B.3.q. of the Denton Development Code is henceforth
repealed as unnecessary and redundant. All remaining subsections of 35.33.6.B. are to remain in
place as written.
SECTION 5. Chapter 23, Article I of the Denton Code is hereby amended by adding
new Section 23-1, to read in its entirety as follows:
Sec. 23-1. Authority of police officers.
All peace officers who are members of the City of Denton Police Department are
invested with all the power and authority given to them as peace officers under the laws
of the State of Texas, and they have the power and authority to enforce all City of Denton
ordinances and regulations within the corporate limits of the city. This section does not
exclude enforcement of city ordinances or regulations by other city departments as
directed by the city manager or by ordinance.
SECTION 6. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of 2014.
MARK A. 13 U 1�,R UGJ MAYOR
BY: t C_
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