21-792ORDINANCE NO. 21-792
AN ORDINANCE OF THE CITY OF DENTON GRANTING THE DENTON JUNETEENTH
CELEBRATION COMMITTEE A NOISE EXCEPTION PURSUANT TO SECTION 17-20 OF
THE CITY OF DENTON CODE OF ORDINANCES FOR THE DENTON JUNETEENTH
CELEBRATION, WHICH WILL BE HELD ON FRIDAY, JUNE 18 THROUGH SATURDAY,
JUNE 19, 202 1, AT FRED MOORE PARK; GRANTING AN INCREASE IN SOUND LEVELS
FROM 70 TO 75 DBA AND A VARIANCE IN HOURS OF OPERATION FOR AMPLIFIED
SOUND LEVELS FOR AN OUTDOOR EVENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 17-20 of the Code of Ordinances of the City of Denton,
Denton Juneteenth Celebration Committee has made an application to the City Council for an
exception to the provision restricting amplified sound levels for an outdoor event, in connection
with the Denton Juneteenth Celebration, from the limitations imposed by Section 17-20 of the
Code of Ordinances of the City of Denton, granting an increase in sound levels from 70 to 75 dba
and a variance in hours of operation for amplified sound levels for an outdoor event on Friday,
June 18, 2021, from 7:00 p.m. to 11 :30 p.m. and Saturday, June 19, 2021, from 8:00 a.m. to
midnight; and
WHEREAS, upon prior application and approval by the City Council of the City of Denton,
the Denton Juneteenth Celebration Committee has consistently demonstrated an ability to
responsibly operate the Denton Juneteenth Celebration at Fred Moore Park, at amplified sound
levels restricted in Section 17-20 of the Code of Ordinances of the City of Denton within the public
interest, and without materially disturbing persons of ordinary sensibilities in the immediate
vicinity thereof; and
WHEREAS, based upon past history, 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, Denton Juneteenth
Celebration Committee is hereby granted an exception to said section’s amplified sound
prohibition subject to the following restrictions :
1.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 Denton
Juneteenth Celebration at Fred Moore Park.
2.Denton Juneteenth Celebration Committee 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 Denton Juneteenth Celebration Committee agrees to cease using amplified loudspeakers
on Friday, June 18, 2021 at 1 1 :30 p.m., and on Saturday, June 19, 2021 at midnight.
4.Under no circumstances shall the Denton Juneteenth Celebration Committee employ the
use of amplified loudspeakers past 11:30 p.m. on Friday, June 18, or past midnight on
Saturday, June 19.
5.Under no circumstances shall the Denton Juneteenth Celebration Committee employ the
use of amplified loudspeakers that exceeds 75 dba for an outdoor event 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, 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. 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 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 be effective immediately upon its passage and
approval.
The motion to approve this Ordinance was made by Pa\,JI Me\Re( and seconded
by Be:cbA Beet . This Ordinance was passed and approved by the
following vote n - a :
Aye
,/-
-/
\/
-/
,/
Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck, District 2:
Jesse L. Davis, District 3 :
Alison Maguire, District 4:
Deb Armintor, At Large Place 5 :
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the ZS tb day of N\oa 202 1 .
ATTEST:
ROSA RIOS, CITY SECRETARY
GE,RnB{pmrNRt–ol
BY: Jr_aT#) _
bIll 1111111
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
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