22-1030ORDINANCE NO. 22-1030
AN ORDINANCE OF THE CITY OF DENTON GRANTING THE DENTON NOON KIWANISCLUB A NOISE EXCEPTION WITH RESPECT TO SOUND LEVELS AND HOURS OF
OPERATION FOR THE 4TH OF JULY FIREWORKS SHOW TO BE HELD ON SUNDAY, JULY3, 2022, FROM 9:30 P.M. TO 10 P.M. AT NORTH LAKES PARK; AND PROVIDING ANEFFECTIVE 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 Noon Kiwanis Club has made an application to the City Council for
an exception to the provision of Section 17-20 of the Code of Ordinances regarding sound levels and
hours of operation, in connection with the 4th of July Fireworks Show held at North Lakes Park, with
said request being for the following dates: July 3, 2022; and
WHEREAS, upon prior application and approval by the City Council of the City of Denton,
the Denton Noon Kiwanis Club has consistently demonstrated an ability to responsibly operate the
4th of July Fireworks Show, 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 thereoe 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 Noon Kiwanis
Club 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 4th of July Fireworks
Show at North Lakes Park for the following dates: July 3, 2022.
2.The Denton Noon Kiwanis Club 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.
5
The Denton Noon Kiwanis Club agrees to cease amplified sound on Sunday, July 3, 2022,
at 10 p.m.
Under no circumstances shall the Denton Noon Kiwanis Club employ the use of amplified
sound past 10:00 p.m. on Sunday, July 3, 2022.
Under no circumstances shall the Denton Noon Kiwanis Club 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 toexcessive 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 Noon Kiwanis Club on Sunday, July 3,
2022, unless sooner repealed, modified, or rescinded.
The motion to approve this Ordinance was made by -JesSe bots and
seconded by . This Ordinance was passed and approved by
the following vote a - L :
Aye
IZ
P/
Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck, District 2 :b/
Jesse L. Davis, District 3 :b/
1/
1/
1/
Alison Maguire, District 4:
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:
PASSED AND APPROVED this the day of Jane , 2022.
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ATTEST:
ROSARIOS, CITY SECRETARY
a/2BY 2d
APPROVED AS TO LEGAL FORM:
MACK REINWAND. CITY ATTORNEY
'-
BY:
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