HomeMy WebLinkAbout24-1934ORDINANCE NO. 24-1934
AN ORDINANCE OF THE CITY OF DENTON GRANTING A NOISE EXCEPTION FOR
EVERY WITCH WAY MARKET WHICH WILL BE HELD ON SATURDAY, OCTOBER 19
FROM 3:00 P.M. TO 9:00 P.M., SATURDAY, NOVEMBER 16 FROM 3 :00 P.M. TO 9:00 P.M.,
AND SATURDAY, DECEMBER 21, 2024, FROM 3 :00 P.M. TO 9:00 P.M.; 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, October
19 from 3 :00 p.m. to 9:00 p.m., Saturday, November 16 from 3 :00 p.m. to 9:00 p.m., and Saturday,
December 21, 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
restrrctrons :
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,
October 19 from 3:00 p.m. to 9:00 p.m., Saturday, November 16 from 3:00 p.m. to 9:00
p.m., and Saturday, December 21, 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 Every Witch Way Market agrees to cease using amplified loudspeakers on Saturday,
October 19 at 9:00 p.m., Saturday, November 16 from at 9:00 p.m., and Saturday,
December 2 1, 2024, at 9:00 p.m.
4.Under no circumstances shall Every Witch Way Market employ the use of amplified
loudspeakers past 9:00 p.m. on Saturday, October 19, Saturday, November 16, and
Saturday, December 2 1, 2024.
5.Under no circumstances shall Every Witch Way Market employ the use of amplified
loudspeakers that exceed 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, October 19 at
9:00 p.m., Saturday, November 16 at 9:00 p.m., and Saturday, December 21, 2024, at 9:00 p.m.,
unless sooner repealed, modified, or rescinded.
Page 2 of 3
The motion to approve this Ordinance was made by Brian Beck and seconded by Paul
Meltzer This Ordinance was passed and approved by the following vote [ 7 - 0] :
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:
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:
X
X
X
X
X
X
X
PASSED AND APPROVED this the 15th day of October, 2024.
p/aa
PETH, MAYOR
ATTEST:
LAUREN THODEN, CITY SECRETARY
.„:-
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
'-
BY:
Page 3 of 3