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22-1071ORDINANCE NO. 22-1071 AN ORDINANCE OF THE CITY OF DENTON GRANTING THE VILLAGE CHURCHDENTON A NOISE EXCEPTION PURSUANT TO SECTION 17-20 OF THE CITY OF DENTON CODE OF ORDINANCES FOR A CELEBRATION SERVICE, WHICH WILL BEHELD ON SUNDAY, JUNE 5, 2022, FROM 9:00 A.M. TO 10:00 A.M., AT NORTH LAKES PARK IN DENTON, TEXAS; GRANTING AN INCREASE IN SOUND LEVELS ON SAID DATE FROM 9:00 A.M. TO 10:00 A.M., WITH SOUND NOT TO EXCEED 75 DECIBELS; ANDPROVIDING 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, The Village Church Denton has made an application to the City Council for an exception to Section 17-20 of the Code of Ordinances regarding sound levels in connection with a celebration service to be held at North Lakes Park in Denton, Texas, on Sunday, June 5, 2022; and WHEREAS, upon prior application and approval by the City Council of the City of Denton, The Village Church Denton has consistently demonstrated an ability to responsibly operate acelebration service at North Lakes Park, at amplified sound levels restricted in Section 17-20 of theCode 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, the City Council of the City of Denton, finds that granting a noise exception forthis event, subject to the restrictions contained herein, would serve the public interest; NOWTHEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS : SECTION 1. Pursuant to Section 17-20 of the Code of Ordinances, The Village Church Denton 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 celebration service at North Lakes Park in Denton, Texas, on Sunday, June 5, 2022. 2.The Village Church Denton 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 4 The Village Church Denton agrees to cease using amplified loudspeakers on Sunday, June 5,2022, at 10:00 a.m. Under no circumstances shall The Village Church Denton employ the use of amplified loudspeakers past 10:00 a.m. on Sunday, June 5, 2022. 5.Under no circumstances shall The Village Church Denton 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 noreason 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 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 celebration service on Sunday, June 5, 2022, unless sooner repealed, modified, or rescinded. The motion to approve this Ordinance was mi seconded by IM_. This Ordinance was passedEnd approved bythe following vote m - a] : Aye Nay Abstain Absent Mayor Gerard Hudspeth:/ ,/a V‘ / \//‘ Vicki Byrd, District 1 : Brian Beck, District 2: Jesse L. Davis, District 3 : Alison Maguire, District 4: Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: PASSED AND APPROVED this the I atE day of 2022 GERARD HUDSPETH, MAYOR ATTEST : ROSA RIOS, CITY SECRETARY - d2/%:2 _ZI-b APPROVED AS TO LEGAL FORM: n\\till 11// MACK REINWAND, CITY ATTORNEY