22-1081ORDiNANCE NO. 22-1081
AN ORDINANCE OF THE CITY OF DENTON GRANTING THE DENTON JUNETEENTHCELEBRATION COMMITTEE A THREE-YEAR NOISE EXCEPTION FOR THE DENTON
JUNETEENTH CELEBRATION TO BE HELD ON JUNE 17-19, 2022, JUNE 16-18, 2023, ANDJUNE 14-16, 2024 AT FRED MOORE PARK; 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, the Denton Juneteenth Celebration Committee has made an application to the City
Council for a three-year exception to the provision of Section 17-20 of the Code of Ordinances
regarding sound levels and hours of operation, in connection with the Denton Juneteenth Celebration
held at Fred Moore Park, with the said request being for the following dates: June 17-19, 2022, June
16-18, 2023, and June 14-16, 2024; 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, 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, finds granting a noise exception for thisevent, 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 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 for the following dates: June 17- 19, 2022, June 16-18, 2023 ,
and June 14-16, 2024
2.The 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 ofthe event.
3.
4
The Denton Juneteenth Celebration Committee agrees to cease using amplified
loudspeakers on Friday at 1 1:30 p.m. and Saturday at midnight.
Under no circumstances shall the Denton Juneteenth Celebration Committee employ the use
of amplified loudspeakers past 1 1 :30 p.m. on Friday and midnight on Saturday.
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 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 Denton Juneteenth Celebration on Saturday, June
16, 2024, unless sooner repealed, modified, or rescinded.
The motion to approve this Ordinance was made by kM bK and
seconded by 'bEt. This Ordinance was passed and approved by
the following vote n -A :
Aye
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Nay Abstain Absent
Mayor Gerard Hudspeth:
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 b day of S WE . 2022
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ATTEST:ROSARIOS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:MACK REINWAND. CITY ATTORNEY
BY: