1999-073 ORDINANCE NO ~q -(~q~.~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING, PURSUANT TO
SECTION 20-1(¢)(2) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS,
AN EXCEPTION TO THE LIMITATIONS 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(c)(2) of the Code of Ordinances of the C~ty of Denton,
Texas, the Denton Festtval Foundation has made application to the C~ty Council for an exceptaon to
the prowslon of that same seetton restricting the operation of amphfied loudspeakers from Monday
through Saturday after 10 00 p m and at anyhme on Sunday, in connection w~th the Denton Arts &
Jazz Festival annual event held at the Clwc Center Park, and ~n counect~on w~th smd request, has
requested the exception to be granted on an ongoing bas~s for smd annual event at smd locataon the
last Friday and Saturday ~n April until 11 00 p m, and the last Sunday in April from noon until
10 00pm,and
WHEREAS, upon prior apphcatlon and approval by the City Council of the C~ty of Denton,
Texas, the Denton Festival Fotmdatlon has consmtently demonstrated over the past seven years an
ability to responsibly operate amphfied loudspeakers ~n connection w~th the Denton Arts & Jazz
Festuval annual event held at C~v~c Center Park, at t~mes past the hours defined m §20-1(c)(2) of the
Code of Ordinances of the C~ty of Denton, Texas, wlttun the pubhc interest and without materially
d~sturb~ng persons of orchnary sens~blht~es m the immediate vmlmty thereof, and
WHEREAS, based upon tbas past lustory, the C~ty Council of the C~ty of Denton, Texas
finds that granting an exception for tins annual event on an ongoing bas~s, subject to the restrictions
contmned herem, would serve the pubhc interest, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I. That, pursuant to §20-1(c)(2) of the Code of Ordinances, the Denton Festival
Foundation is hereby granted an exception from smd section's 10 00 p m hm~tat~on from Monday
through Saturday and prohab~t~on on Sunday, upon the operation of amphfied loudspeakers, subject
to the condattons hsted below
1 This exception is granted only m connectmn w~th the operation of the Denton Arts &
Jazz Festival annual event at the ClWc Center Park, on the last Fnday and Saturday in April
until 11 00 p m and the last Sunday m Apnl from noon until 10 00 p m
2 The Denton Festival Foundataon agrees to take full responsibility for ensunng that
the conditions of this exception are met, and to take all reasonable measures necessary to
avoid thsturbmg persons of ordinary sensibilities m the tmmethate wmmty of the event
3 The Denton Festival Foundation agrees to cease using amphfied loudspeakers at
11 00 p m on Friday and Saturday and 10 00 p m on Sunday
4 Under no c~mumstances shall the annual event employ the use of amphfied
loudspeakers past 11 00 p m on Friday or Saturday or before noon or past 10 00 p m on
Sunday
5 Tlus ordinance confers no personal or property rights, and may be amended,
modified, superseded or revoked m whole or ~n part at the will of the C~ty Councd of the
City of Denton, Texas, without any advance warmng, heanng or compensation, for any
mason at all, or for no reason
6 Ttus ordinance shall be strictly construed as an exception granted pursuant to §20-
1(c)(2) of the Code of Ordinances of the City of Denton, Texas The C~ty of Denton, Texas
expressly reserves unto ~tself and all other persons any and all legal remedies, civil or
criminal, relatmg to excessive noise ~n connection w~th this annual event, and hereby
d~sclmms any prormssory or eqmtable estoppel wbach m~ght in any way impede the pursmt
of such remedaes by any person
SECTION II. That th~s ordanance shall become effective ~mmedmtely upon ~ts passage and
approval, and expire three years hence, unless sooner repealed, modified or rescinded
PASSED AND APPROVED this the~:~/1~ day of ?4~t~.}'/& 1999
JAC~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY (
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