2000-323S \Our Documents\Ordlnances\00\c~ty of denton employee pmmc 2000 3 yr exp doc
OP. DINANCE
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PURSUANT TO SECTION 20-
1(c)(2) OF THE CODE OF ORDNANCES OF THE CITY OF DENTON, TEXAS, GRANTING
AN EXCEPTION TO THE LIMITATIONS IMPOSED BY THAT SECTION WITH RESPECT
TO HOURS OF OPERATION OF AN AMPLIFIED LOUDSPEAKER SYSTEM, AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, pursuant to Section 20-1(c)(2) of the Code, the City of Denton has made
apphcatlon to the City Council for an exception to the provision of that same section restricting
the operation of amplified loudspeakers after 10 00 p m, in connection with the City Employee
Picnic held at 326 Withers Street, Civic Center Park, and in connection with smd request, has
requested the exception to be granted on an ongoing basis for said annual event at said location
for one day during the month of September or October of each year, and
WHEREAS, upon prior application and approval by the City Council of the City of
Denton, Texas, the City of Denton has consistently demonstrated over the past three years an
ability to responsibly operate amplified loudspeakers tn connection with City of Denton
Employee Plcmc annual event held at 326 Withers Street, Civic Center Park, at times past the
hours defined m §20-1(c)(2) of the Code, within the public interest and without materially
disturbing persons of ordinary sensibilities m the immediate vicinity thereof, and
WHEREAS, based upon this past history, the C~ty Councd of the City of Denton, Texas
finds that granting an exception for this annual event on an ongoing basis for a three-year period,
subject to the restrictions contmned herein, would serve the public interest, NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That pursuant to §20-1(c)(2) of the Code of Ordinances the City of Denton is
hereby granted an exception to this section's 10 00 p m limitation upon the operation of
amplified loudspeakers, subject to the conditions listed below
1 This exception is granted only in connection with the operation of the City of Denton
Employee Pmmc 326 Withers Street, Civic Center Park, one day dunng the month of
September or October of each year
2 The Cxty of Denton agrees to take full responsibility for ensunng 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 The City of Denton agrees to cease using amplified loudspeakers at 12 00 midnight
Monday through Thursday, 1 00 a m Friday and Saturday and 11 00 p m on Sunday
S \Our Documents\Ord~nances\00\mty of denton employee plcmc 2000 3-yr exp doc
4 Under no circumstances shall the annual event employ the use of amphfied loudspeakers
between the hours of 1 00 a m and 7 00 a m
5 This orchnance confers no personal or property rights, and may be amended, modffied,
superseded or revoked ~n whole or m part at the will of the Ctty Council of the C~ty of
Denton, Texas, without any advance warmng, heanng or compensation, for any reason at
all, or for no reason
6 This ordinance shall be strictly construed as an exception granted pursuant to §20-1(c)(2)
of the Code of Or&nances of the C~ty of Denton, Texas The City of Denton, Texas
expressly reserves unto ~tself and all other persons any and all legal remedies, civil or
criminal, relating to excessive noise in connectmn with th~s annual event, and hereby dis-
clmms any promissory or equitable estoppel whtch m~ght in any way impede the pursuit
of such remedies by any person
SECTION 2 That this ordinance shall become effecttve ~mmedtately upon its passage and
approval, and expire three years hence, unless sooner repealed, modified or rescinded
PASSED AND APPROVED this the aq~~t day of ._~4'~(-~aAtJ, 2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY