2005-076S:\Our Documents\Ordinances\O5~Arts Festival exemption from noise ordinance.doc
ORDINANCE NO. ~00~-~-0~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING THE DENTON
FESTIVAL FOUNDATION, PURSUANT TO SECTION 20-1(d)(3)b.6 OF THE CODE OF
ORDINANCES OF THE CITY OF DENTON, TEXAS, AN EXCEPTION TO THE
LIMrrATIONS IMPOSED BY THAT SECTION WITH RESPECT TO HOURS OF
OPERATION OF AN AMPLIFIED LOUDSPEAKER SYSTEM; AND SETTING AN
EFFECTIVE DATE.
WHEREAS, pursuant to §20-1(d)(3)b.6 of the Code of Ordinances of the City of Denton,
Texas, the Denton Festival Foundation has made application to the City Council for an exception to
the provision of that same section restricting the operation of amplified loudspeakers fi.om Monday
through Saturday after 10:00 p.m. and at anytime on Sunday, !n connection with the Denton Arts &
Jazz Festival annual event held at the Civic Center Park, and in connection with said request, has
requested the exception to be granted on an ongoing basis for said annual event at said location the
last Friday and Saturday in April, 2005 until 12:00 midnight, and the first Sunday in May 2005 from
11:00 a.m. until 10:00 p.m. and the last Friday and Saturday in April 2006 and 2007 until 12:00
midnight, and the last Sunday in April, 2006 and 2007 from 11:00 a.m. until 10:00 p.m.; and
WHEREAS, upon prior application and approval by the City Council of the City of Denton,
Texas, the Denton Festival Foundation has consistently demonstrated over the past ten years an
ability to responsibly operate amplified loudspeakers in connection with the Denton Arts & Jazz
Festival annual event held at Civic Center Park, at times past the hours defined in §20-1(d)(3)b.6 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, based upon this past history, the City Council of the City of Denton, Texas
finds that granting an exception for this annual event on an ongoing basis, subject to the restrictions
contained herein, would serve the public interes[; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That, pursuant to §20-1(d)(3)b.6 of the Code of Ordinances, the Denton
Festival Foundation is hereby granted an exception from said section's 10:00 p.m limitation fi.om
Monday through Saturday and prohibition on Sunday, upon the operation of amplified
loudspeakers, subject to the conditions listed below:
This exception is granted only in,connection with the operation of the Denton Arts &
Jazz Festival annual event at the Civic Center Park, on the last Friday and Saturday
in April until 12:00 midnight and the first Sunday in May from 11:00 a.m. until
10:00 p.m. and the last Friday and Saturday in April 2006 and 2007 until 12:00
midnight, and the last Sunday in April, 2006 and 2007 from 11:00 a.m. until 10:00
p.m.
The Denton Festival Foundation agrees to take full responsibility for ensuring that
the conditions of this exception are met, and to take all reasonable measures
S:\Our Documents\Ordinances\05kArts Festival exemption from noise ordinance.doc
necessary to avoid disturbing persons of ordinary sensibilities in the immediate
vicinity of the event.
The Denton Festival Foundation agrees to cease using amplified loudspeakers at
12:00 midnight on Friday and Saturday and 10:00 p.m. on Sunday.
Under no circumstances shall the annual event employ the use of amplified
loudspeakers past 12:00 midnight on Friday or Saturday or before 11:00 a.m. or past
10:00 p.m. on Sunday.
o
Under no circumstances shall the annual event employ the use of amplified
loudspeakers that exceed 70 dba when measured from the perimeter of the source as
measured by an approved measuring instrument.
This ordinance confers no personal or property rights, and may be amended,
modified, superseded or revoked in whole or in part at the will of the City Council of
the City of Denton, Texas, without any advance waming, hearing or compensation,
for any reason at all, or for no reason.
This ordinance shall be strictly construed as an exception granted pursuant to §20-
l(d)(3)b.6 of the Code of Ordinances of the City of Denton, Texas. The City of
Denton, Texas expressly reserves unto itself and all other persons any and all legal
remedies, civil or 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 7. That this Ordinance shall become effective immediately upon its passage and
approval, and expire three years hence, unless sooner repealed, modified or rescinded.
PASSED ANDAPPROVEDtNisthe /~-"f dayof ~ ,,,~/ ,2005.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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S:\Our Documents\Ordinances\05~Art s Festival exemption from noise ordinance.doc
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
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