2014-130S:\Legal\Our pocuments\Ordanances\14Vuneteenth exemption from noise ordinance.doc
ORDINANCE NO. 2014-130
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING THE JUNETEENTH
CELEBRATION A THREE-YEAR EXCEPTION, 2014, 2015, AND 2016, TO THE
LIMITATIONS IMPOSED BY SECTION 17-20 OF THE CODE OF ORDINANCES OF THE
CITY OF DENTON, TEXAS, GRANTING AN INCREASE FROM 70 TO 75 DBA
LOUDSPEAKER AMPLIFICATION AND INCREASED HOURS FOR THREE
CONSECUTIVE YEARS, THAT BEING: JUNE 13, 2014, 4 P.M. LJNTIL 11:30 P.M. AND
JLTNE 14, 2014, 10 A.M. LTNTIL MIDNIGHT; JLJNE 12, 2015, 4 P.M. iJNTIL 11:30 P.M. AND
JLTNE 13, 2015, 10 A.M. LTNTIL MIDNIGHT; JLTNE 17, 2016, 4 P.M. UNTIL 11:30 P.M.
AND JUNE 18, 2016, 10 A.M. UNTIL MIDNIGHT; AND SETTING AN EFFECTIVE DA'I'E.
WHEREAS, pursuant to § 17-20 of the Code of Ordinances of the City of Denton, Texas,
the Juneteenth Celebration 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.m. and at any time on Sunday, in connection with the Juneteenth
Celebration annual event held at the Fred Moore Park, has requested a three-year exception be
granted for 2014, 2015 and 2016, to the limitations imposed by section 17-20 of the code of
ordinances of the City of Denton, Texas, granting an increase from 70 to 75 dba loudspeaker
amplification and increased hours of operation, that being: June 13, 2014, 4 p.m. until 11:30 p.m.
and June 14, 2014, 10 a.m. until midnight; June 12, 2015, 4 p.m. until 11:30 p.m. and June 13,
2015, 10 a.m. until midnight; June 17, 2016, 4 p.m. until 11:30 p.m. and June 18, 2016, 10 a.m.
until midnight.
WHEREAS, upon prior application and approval by the City Council of the City of Denton,
Texas, the Juneteenth Celebration has consistently demonstrated over the past 43 years an ability to
responsibly operate amplified loudspeakers in connection with the Juneteenth Celebration annual
event held at Fred Moore Park, at times past the hours defined in § 17-20 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 noise exception for this annual event for three-consecutive years, subject to
the restrictions contained herein, would serve the public interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Pursuant to § 17-20 of the Code of Ordinances, the Juneteenth Celebration is
hereby granted a three-yeax exception, 2014, 2015 and 2016, to said section's 10:00 p.m limitation
from Monday through Saturday and prohibition on Sunday, and the operation of amplified
loudspeakers, subject to the conditions listed below:
1. This exception to the limitations imposed by section 17-20 of the code of
ordinances of the city of Denton, Texas, is granted onlv in connection with the
operation of the Juneteenth Celebration annual event at the Fred Moore Park, and
allows an increase from 70 to 75 dba loudspeaker amplification and increased
hours for three consecutive years, that being: June 13, 2014, 4 p.m. until 11:30
p.m. and June 14, 2014, 10 a.m. until midnight; June 12, 2015, 4 p.m. until 11:30
p.m. and June 13, 2015, 10 a.m. until midnight; June 17, 2016, 4 p.m. until 11:30
p.m. and June 18, 2016, 10 a.m. until midnight.
2� The Juneteenth Celebration 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 Juneteenth Celebration agrees to cease using amplified loudspeakers at 11:30
p.m. on Friday and at 12:00 midnight on Saturday.
4. Under no circumstances shall the annual event employ the use of amplified
loudspeakers past 12:00 midnight on Friday or Saturday.
5. Under no circumstances shall the annual event employ the use of amplified
loudspeakers that exceed 75 dba when measured from the perimeter of the source as
measured by an approved measuring instrument.
6. 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.
7. This ordinance shall be strictly construed as an exception granted pursuant to § 17-20
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 2. 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 ��'���i day of . mm��,r�� -�'° 2014.
_ 3
� � j� ,,.r�+� ��
�`-w ;'��,� ��'�� ���,.�.��
,
I'vF� �I�. A. �3L.�I��:� UC.rC��S MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
,
BY: �
Page 2 of 3
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: ���" � ���'� ��� �'�� �,��r
��� � - �
� �: �, ,,
� �
Page 3 of 3