2017-296ORDINANCE NO. 2017-296
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING THE SINGING OAKS
CHURCH OF CHRIST, PURSUANT TO SECTION 17-20 OF THE CODE OF ORDINANCES,
A NOISE EXCEPTION FOR SUNDAY, OCTOBER 29, 2017, GRANTING AMPLIFIED
SOUND NOT TO EXCEED 65 DBA FROM NOON UNTIL 5 P.M.; AND SETTING AN
EFFECTIVE DATE.
WHEREAS, pursuant to Section 17-20 of the Code of Ordinances of the City of Denton,
Texas, the Singing Oaks Church of Christ ("Singing Oaks") has made application to the City Council
for an exception to the provision restricting amplified sound on a Sunday, in connection with the
Walk4Water event held at South Lakes Park, from the limitations imposed by Section 17-20 of the
Code of Ordinances of the City of Denton, Texas, granting amplified sound on a Sunday, that
being from noon to 5 p.m. on Sunday, October 29, 2017;
WHEREAS, upon approval by the City Council of the City of Denton, Texas, Singing Oaks
agrees to demonstrate the ability to operate the Walk4Water event held at South Lakes Park, at the
day restricted in Section 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, the City Council of the City of Denton, Texas finds that granting a noise
exception for this event, 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 Section 17-20 of the Code of Ordinances, the Singing Oak Church
of Christ is hereby granted an exception to said section's amplified sound prohibition on Sunday,
subject to the following restrictions:
1 a This exception to the limitations imposed by Section 17-20 of the Code of
Ordinances of the City of Denton, Texas, is granted only in connection with the
operation of the Walk4Water event at the South Lakes Park.
2. Singing Oaks 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.
Singing Oaks agrees to cease using amplified loudspeakers at 5 p.m. on Sunday,
October 29, 2017.
4. Under no circumstances shall the event employ the use of amplified loudspeakers past
5 p.m, on Sunday, October 29, 2017.
5. Under no circumstances shall the event employ the use of amplified loudspeakers that
exceed the dba of 65 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.
T 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, unless sooner repealed, modified, or rescinded.
PASSED AND APPROVED this the day of IT_, .'.. , 2017.
CI'� ......, .... �...�..... �._,,.
lw" WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPI C7V 'l) AS TO LEGAL FORM:
AARON LEAL, INTERIM CITY ATTORNEY
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