18-876S:\legal\our documents\ordinances\18�uneteenth noise
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WHEREAS, pursuant ta Sectian 17-20 of the Code af Ordinances af the City af Denton,
Texas, the Dentan Juneteenth Celebration ("Festival") has made application ta the City Council
for an exception to the pravisian restricting sound levels and hours af aperatian for an outdaar
music festival, in cannectian with the Festival held at Fred Maare Park, from the limitations
imposed by Section 17-20 of the Cade af Ordinances of the City af Denton, Texas, granting
amplified sound levels from 70 ta 75 decibels and a variance in hours of operations far an outdoor
music festival an Friday, June 15, from 10 p.m. to 11:30 p,m. and Saturday, June 16, from 10 p.m.
ta midnight; and
WHEREAS, upon priar application and approval by the City Council of the City of Dentan,
Texas, Denton Juneteenth Celebratian has cansistently demonstrated an ability ta responsibly
aperate the annual event held at Fred Moore Park, an days and haurs af operatian restricted in
Sectian 17-20 of the Code of Ordinances of the City af Denton, within the public interest, and
without materially disturbing persons of ordinary sensibilities in the immediate vicinity thereof;
and
WHEREAS, based upan this past histary, the City Council of the City af Denton finds that
granting a noise exceptian far this event, subject to the restrictians cantained herein, would serve
the public interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Pursuant ta Section 17-20 af the Code of Ordinances, the Dentan Juneteenth
Celebration is hereby granted an exception to said sectian's amplified sound prahibitian subject to
the following restrictions:
This exception to the limitations imposed by Sectian 17-20 of the Code af
Ordinances of the City of Denton, Texas, is granted anly in connection with the
operatian of the Dentan Juneteenth Celebratian annual event at Fred Moore Park.
2. The Festival agrees ta take full responsibility far ensuring that the conditions af this
exception are met and to take all reasanable measures necessary to avaid disturbing
persons af ordinary sensibilities in the immediate vicinity of the event.
3. The Festival agrees to cease using amplified laudspeakers at 11:30 p.m. on Friday,
June 15, and Saturday, June 16 at midnight.
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4, Under no circumstances shall the Festival employ the use of amplified loudspeakers
past 11:30 p.m. on Friday, June 15, and Saturday, June 16 at midnight.
Under no circumstances shall the Festival employ the use of amplified loudspeakers
that exceed the requested increase of 75 dba for an outdoor concert 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, suspended, 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
Section 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.
b �, his ordmance was made by
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ordinance was }��� ��x�� and approved by the following vote �� �
Chris Watts, Mayor:
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2:
Don Duff, District 3:
John Ryan, District 4:
Dalton Gregory, At Large Place 5:
Paul Meltzer, At Large Place 6:
Aye Nay
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Abstain
PASSED AND APPROVED this the _ J�GiZ day of ',�GGt'LQ�
Absent
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CHRIS WATTS, MAYOR
2018.
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
�il'I'}���1>I�� AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
: