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22-1814ORDiNANCE NO. 22-1814 AN ORDINANCE OF THE CITY OF DENTON GRANTING THE VILLAGE CHURCHDENTON A NOISE EXCEPTION FOR THE SERVICE IN THE PARKS EVENTS, WHICH WILL BE HELD ON SUNDAY, OCTOBER 23, 2022, AND APRIL 16, 2023, FROM 10:00 A.MTO 11 :00 A.M., AT NORTH LAKES PARK IN DENTON, TEXAS; 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 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 Service in the Park event to be held at North Lakes Park in Denton, Texas, on Sunday, October 23, 2022, and April 16, 2023, from 10:00 a.m. to 11 :00 a.m.; 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 a Service in the Park event at North Lakes 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 materiallydisturbing 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 ORDAIN S : 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 Service in the Park event at North Lakes Park in Denton, Texas, on Sunday, October 23, 2022, and April 16,2023, from 10:00 a.m. to 11 :00 a.m. 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 disturbingpersons of ordinary sensibilities in the immediate vicinity of the event. 3 4 The Village Church Denton agrees to cease using amplified loudspeakers on Sunday, October23, 2022, and April 16, 2023, at 1 1 :00 a.m. Under no circumstances shall The Village Church Denton employ the use of amplifiedloudspeakers past 1 1 :00 a.m. on October 23, 2022, and April 16, 2023 . 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 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 anyperson SECTION 2. This Ordinance shall be effective immediately upon its passage and approval and shall expire upon the completion of the Service in the Park event on Sunday, October 23, 2022, and April 16, 2023, unless sooner repealed, modified, or rescinded. The motion to approve this Ordinance was made by %M &ck and seconded by ®Dr\ byD. Thi' O'di"'"” w” p””d '"d 'pp”''d by the following vote a - D ]: Aye \/ L/’ Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : Brian Beck, District 2 :\/ P 1/n 1/’ t/ Jesse Davis, District 3 : Alison Maguire, District 4: Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: Page 2 of 3 PASSED AND APPROVED thi, th, a d,y ,fM_, 2022. G;.«re_*_ ATTEST: ROSA RIOS, CITY SECRETARY 1\\11111111 APPROVED AS TO LEGAL 'FORM:MACK REINWAND, CITY ATTORNEY '- BY: Page 3 of 3