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HomeMy WebLinkAbout24-797ORDINANCE NO. 24-797 AN ORD[NANCE OF THE CITY OF DENTON GRANTING A NOISE EXCEPTION FOR THE DENTON MUDBUG EVENT WHICH WILL BE HELD ON SUNDAY, MAY 19, 2024 AT LUCKY LOU’S BAR; 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, Friends with Benefits 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 Denton Mudbug event, which will be held on Sunday, May 19, 2024, from 11 :00 a.m. to 7:00 p.m. at Lucky Lou’s Bar in Denton, Texas; and WHEREAS, upon prior application and approval by the City Council of the City of Denton, Friends with Benefits has consistently demonstrated an ability to responsibly operate Denton Mudbug event, 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 Denton Mudbug event at Lucky Lou's in Denton, Texas, on Sunday, May 19, 2024, from 1 1 :00 a.m. to 7:00 p.m 2.Friends with Benefits 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 Friends with Benefits agrees to cease using amplified loudspeakers on Sunday, May 19, 2024 at 7:00 p.m. Under no circumstances shall Friends with Benefits employ the use of amplified loudspeakers past 7:00 p.m. on Sunday, May 19, 2024. Under no circumstances shall Friends with Benefits. 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 Denton Mudbug on Sunday, May 19, 2024, at 7:00 p.m., unless sooner repealed, modified, or rescinded. den The motion to approve this Ordinance was made by Br,,.x Back seconded by j.( RoIIcu. J . This Ordinance was passed and approved by and d- PJthe following vote Aye ,/ J \/ Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : Brian Beck, District 2 : Paul Meltzer, District 3 :„/ Joe Holland, District 4:L/ L/ / Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: Page 2 of 3 PASSED AND APPROVED this the 7 t" day of hc . 2024. ATTEST: LAUREN THODEN, CITY SECRETARY B Y : abWrbI/©ch i t) APPROVED AS TO LEGAL FORM: MACK REINWAND. CITY ATTORNEY '- BY: Page 3 of 3