HomeMy WebLinkAbout24-1503ORDINANCE NO. 24-1503
AN ORDINANCE OF THE CITY OF DENTON GRANTING ASHES SMOKE SHOP, LLC, A
NOISE EXCEPTION FOR ASHES FRIDAY THE 13TH EVENT ON FRIDAY, SEPTEMBER 13,
2024, FROM 1 1 A.M. TO 1 1 P.M., AT 420 S. CARROLL BOULEVARD; 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, The Ashes Smoke Shop, LLC has made an application to the City Council for an
exception to the provision of Section 17-20 of the Code of Ordinances regarding sound levels and
hours of operation, in connection with the Ashes Friday the 13th event held at 420 South Carroll
Boulevard on Friday, September 13, 2024; and
WHEREAS, upon prior application and approval by the City Council of the City of Denton,
the Ashes Smoke Shop, LLC has consistently demonstrated an ability to responsibly operate the
Ashes Friday the 13th event at 420 South Carroll Boulevard, at amplified sound levels restricted in
Section 17-20 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 past history, 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 ORDAIN S :
SECTION 1. Pursuant to Section 17-20 of the Code of Ordinances, Ashes Smoke Shop, LLC.
is hereby granted an exception to said section's amplified sound prohibition subject to the following
restrlctlons :
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 the Ashes Friday the 13th
event at 420 South Carroll Boulevard on Friday, September 13, 2024.
2. Ashes Smoke Shop, LLC 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. Ashes Smoke Shop, LLC agrees to cease using amplified loudspeakers on Friday, September
13 at 1 1 :00 p.m.
4. Under no circumstances shall the Ashes Smoke Shop, LLC employ the use of amplified
loudspeakers past 1 1 :00 p.m. on Friday, September 13.
5. Under no circumstances shall Ashes Smoke Shop, LLC employ the use of amplified
loudspeakers that exceeds 75 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 advance 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 the Ashes Friday the 13th Event on Friday, September
13, unless sooner repealed, modified, or rescinded.
The motion to approve this Ordinance was made by L 1 C) 1!#A.I \..~X and
seconded by HER ;By r J This Ordinance was passed and approved by
the following vote A - a
Aye
,/
a
Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck. District 2 :,/
Paul Meltzer, District 3 :V/
1/
„/
Joe Holland. District 4:
Brandon Chase McGee, At Large Place 5 :
Jill Jester, At Large Place 6:
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r\ uS.,aday of 2024
GERARD HUDSPETH. MAYOR
LAU
BY:
APPROVE
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