Loading...
20-1239ORDINANCE NO. 20-1239 AN ORDINANCE OF THE CITY OF DENTON GRANTING JESSICA LUTHER RUMMEL A NOISE EXCEPTION PURSUANT TO SECTION 17-20 OF THE CITY OF DENTON CODE OF ORDINANCES FOR A MOVIE SCREENING, WHICH WILL BE HELD ON SUNDAY, JULY 5, 2020, FROM 8:00 P.M. TO 11:00 P.M., AT FRED MOORE PARK, TEXAS; GRANTING A VARIANCE IN THE HOURS OF OPERATION ON SAID DATE FROM 8:00 P.M. TO 11:00 P.M., WITH SOUND NOT TO EXCEED 65 DECIBELS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 17-20 of the Code of Ordinances of the City of Denton, the City Council may make exceptions upon application for sound levels or hours of operation when the public interest will be served thereby; and WHEREAS, Jennifer Luther Rummel has provided information that a documentary movie screening that includes amplified sound will be held at Fred Moore Park in Denton, Texas, on Sunday, July 5, 2020, from 8:00 P.M to 11:00 P.M.; and WHEREAS, the City Council of the City of Denton, 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, Jessica Luther Rummel is hereby granted an exception to said section's amplified sound prohibition subject to the following restrictions: a. This exception to the limitations imposed by Section 17-20 of the Code of Ordinances of the City of Denton, is granted only in connection with the operation of the movie screening at Fred Moore Park in Denton, Texas, on Sunday, July 5, 2020. b. The Jessica Luther Rummel is responsible for ensuring that: • no more than 100 individuals attend the event, • individuals attending the event maintain social distance in accordance with Centers for Disease Control and Prevention (CDC) recommendations, ■ the event shall end no later than 11:00 p.m., and that if any of these conditions are violated, Jessica Luther Rummell shall immediately take action to reduce the number of individuals in attendance to 100 or less, ensure social distancing, or cease the activity altogether, and that if the conditions are still not met, the City may take steps to disperse the crowd. c. That Jessica Luther Rummel is responsible for ensuring that the conditions and exceptions 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. c. Under no circumstances shall Jessica Luther Rummel employ the use of amplified loudspeakers past 11:00 p.m. on Sunday, July 5, 2020. d. Under no circumstances shall Jessica Luther Rummel employ the use of amplified loudspeakers that exceeds 65 dba for an outdoor event when measured from the perimeter of the source as measured by an approved measuring instrument. e. 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, without any advance warning, hearing, or compensation, for any reason at all, or for no reason. f. 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. The City of Denton expressly reserves unto itself and all other persons any and all legal remedies, both civil and criminal, relating to excessive noise in correction 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 be effective immediately upon its passage and approval and shall expire upon the completion of the movie screening on Sunday, July 5, 2020, unless sooner repealed, modified, or rescinded. The in 'on to approve t 's Ordinance was made by and seconded by This Ordinance vo passed aa proved by the following vote - 1 Aye Nay Abstain Absent Mayor Chris Watts: Gerard Hudspeth, District 1: ✓ Keely G. Briggs, District 2: ✓ Jesse L. Davis, District 3: .✓ John Ryan, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: .f PASSED AND APPROVED this the day of , 2020. CHRIS WATTS, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: AARON LEAL, CLT-YY M