HomeMy WebLinkAbout24-1746ORDINANCE NO. 24-1746
AN ORDINANCE OF THE CITY OF DENTON GRANTING A NOISE EXCEPTION FOR
THE NIGHTMARE ON ELM STREET BASKETBALL TIP-OFF EVENT WHICH WILL BE
HELD ON WEDNESDAY, OCTOBER 16, 2024, AT ELM STREET BETWEEN HICKORY
STREET AND OAK STREET; 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 University of North Texas 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 the Nightmare on Elm Street Basketball Tip-off event, which will
be held on Wednesday, October 16, 2024, from 5:00 p.m. to 8:00 p.m., at Elm Street between
Hickory Street and Oak Street in Denton, Texas; and
WHEREAS, upon prior application and approval by the City Council of the City of Denton,
The University of North Texas has consistently demonstrated an ability to responsibly operate the
Nightmare on Elm Street Basketball Tip-off 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 ORDAIN S :
SECTION 1. Pursuant to Section 17-20 of the Code of Ordinances, the Nightmare on Elm
Street Basketball Tip-off 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 the Nightmare on
Elm Street Basketball Tip-off event at at Elm Street between Hickory and Oak Street in
Denton, Texas, on Wednesday, October 16, 2024, from 5:00 p.m. to 8 :00 p.m.
2.The University of North Texas 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
The University of North Texas agrees to cease using amplified loudspeakers on
Wednesday, October 16, 2024 at 8:00 p.m.
Under no circumstances shall The University of North Texas employ the use of amplified
loudspeakers past 8:00 p.m. on Wednesday, October 16, 2024 .
5.Under no circumstances shall The University of North Texas. 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 the Nightmare on Elm Street Basketball Tip-off on
Wednesday, October 16, 2024 at 8:00 p.m., unless sooner repealed, modified, or rescinded.
„T="J=." li:(i::J"* '""”" ”” T’:=:„„=:: J,==:iT:=„„, J::
the following vote LI - b:
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:-J-
-/
-/
U‘
a
,/“’
Vicki Byrd, District 1 :
Brian Beck, District 2 :
Paul Meltzer, District 3 :
Joe Holland, District 4:
Brandon Chase McGee, At Large Place 5 :
Jill Jester, At Large Place 6:
Page 2 of 3
PASSED AND APPROVED thi, th, Il ’- d,y ,f S(pA,'.b,/. 2024.
/#//
GERARD HUDSPETH, MAYOR
ATTEST:
LAUREN THODEN, CITY SECRETARY
-„: aQUAtrL–ib
APPROVED AS TO LEGAL FORM:
MACK REINWAND. CITY ATTORNEY
Page 3 of 3