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HomeMy WebLinkAbout26-1083ORDINANCE NO.26-1083 AN ORDINANCE OF THE CITY OF DENTON GRANTING ANDERSONS EATERY AND DISTILLERY A NOISE EXCEPTION FOR THE SABOR Y MOTOR FEST EVENT ON SUNDAY, OCTOBER 4, 2026, FROM 12:00 P.M. TO 8:00 P.M. AT ANDERSONS EATERY AND DISTILLERY; 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 Andersons Eatery and Distillery 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 Sabor y Motor Fest event, which will be held on Sunday, October 4, 2026, from 12:00 p.m. to 8:00 p.m., at Andersons Eatery and Distillery in Denton, Texas; and WHEREAS, Sabor y Motor Fest provides a family friendly community event that supports local businesses, attracts visitors, and generates economic activity. The festival promotes cultural diversity and community pride through automotive displays, live entertainment, food vendors, and activities accessible to all ages; 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, Andersons Eatery and Distillery is hereby 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 Sabor y Motor Fest event in Denton, Texas, on Sunday, October 4, 2026, from 12:00 p.m. to 8:00 p.m. 2. Andersons Eatery and Distillery 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. Andersons Eatery and Distillery agrees to cease using amplified loudspeakers on Sunday, October 4, 2026, at 8:00 p.m. 4. Under no circumstances shall Andersons Eatery and Distillery employ the use of amplified loudspeakers past 8:00 p.m. on Sunday, October 4, 2026. The Director of Parks and Recreation may approve modifications to the dates and times of the events. 6. Under no circumstances shall Andersons Eatery and Distillery employ the use of amplified loudspeakers that exceed 75 dba for an outdoor event when measured from the perimeter of the source as measured by an approved measuring instrument. 7. 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. 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 Sabor y Motor Fest event on Sunday, October 4, 2026, at 8:00 p.m. The motion to approve this Ordinance was made by Villarreal and seconded by Jester. This Ordinance was passed and approved by the following vote [7 - 0]: Aye Nay Mayor Chris Watts: Jordan E. Villarreal, District 1: Nick Stevens, District 2: Suzi Rumohr, District 3: Joe Holland, District 4: George Ferrie, At Large Place 5: Jill Jester, At Large Place 6: Abstain Absent Page 2 of 3 PASSED AND APPROVED this the 4th day of August, 2026. rj - (A) r CHRIS WATTS, MAYOR ATTEST: KRISTI FOGLE, INTERIM CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY e t Z.- - �—- BY: Page 3 of 3