HomeMy WebLinkAbout24-798ORDINANCE NO. 24-798
AN ORDrNANCE OF THE CITY OF DENTON GRANTrNG A NOISE EXCEPTION FOR
EVERY WITCH WAY MARKET WHICH WILL BE HELD ON SATURDAY, MAY 18, 2024,
AND SATURDAY, JUNE 15, 2024; AND PROVIDING AN EFFECTIVE 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, Every Witch Way Market has made an application to the City Council for an
exception to Section 17-20 of the Code of Ordinances regarding sound levels and hours of
operation, in connection with Every Witch Way Market, which will be held on Saturday, May 18,
2024 and Saturday, June 15, 2024, from 3:00 p.m. to 9:00 p.m. at 200 N. Cedar Street & 100 W.
Pecan Street in Denton, Texas; and
WHEREAS, upon prior application and approval by the City Council of the City of Denton,
Every Witch Way Market has consistently demonstrated an ability to responsibly operate Every
Witch Way Market, 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 materially disturbing
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
for this event, subject to the restrictions contained herein, would serve the public interest; NOW
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS :
SECTION 1. Pursuant to Section 17-20 of the Code of Ordinances, Denton Mudbug is
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 Every Witch Way
Market at 200 N. Cedar Street & 100 W. Pecan Street in Denton, Texas, on Saturday, May
18, 2024 and Saturday, June 15, 2024, 2024, from 3:00 p.m. to 9:00 p.m.
2.Every Witch Way Market 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
Every Witch Way Market agrees to cease using amplified loudspeakers on Saturday, May
18, 2024 and Saturday, June 15, 2024, 2024 at 9:00 p.m.
Under no circumstances shall Every Witch Way Market employ the use of amplified
loudspeakers past 9:00 p.m. on Saturday, May 18, 2024 and Saturday, June 15, 2024, 2024.
Under no circumstances shall Every Witch Way Market. employ the use of amplified
loudspeakers that exceeds 70 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 warning, hearing, or compensation, for any reason at all, or for no
reason
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 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 Every Witch Way Market on Saturday, May 18, 2024
and Saturday, June 15, 2024, 2024, at 9:00 p.m., unless sooner repealed, modified, or rescinded.
den
The motion tO approve this Ordinance was made by Be thu J3cck and
„,,„d,d by Jo C A oII /-„- J . This Ordinance was passed and approved by
the following vote [X - a :
Aye
i/
/
-L
b/
a/
,/
Nay Abstain Absent
Mayor Gerard Hudspeth :
Vicki Byrd, District 1 :
Brian Beck, District 2 :
Paul Meltzer, District 3 :P/
Joe Holland, District 4:
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:
Page 2 of 3
PASSED AND APPROVED thi, th, 7+" d,y ,f Hui 2024.
„#.#JZA
ATTEST:
LAUREN THODEN, CITY SECRETARY Kell
O&cg–UKBY:Mdb_
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
(}}II , X
--
BY:
Page 3 of 3