HomeMy WebLinkAbout26-1202ORDINANCE NO. 26-1202
AN ORDINANCE OF THE CITY OF DENTON GRANTING THE DENTON FESTIVAL
FOUNDATION INC. A NOISE EXCEPTION FOR THE DENTON ARTS AND JAZZ
FESTIVAL ON FRIDAY, SEPTEMBER 11, 2026, FROM 3:00 P.M. TO 11:00 P.M.,
SATURDAY, SEPTEMBER 12, 2026, FROM 10:00 A.M. TO 11:00 P.M., AND SUNDAY,
SEPTEMBER 13, 2026, FROM 11:00 A.M. TO 9:00 P.M. AT THE NORTH TEXAS
FAIRGROUNDS IN DENTON, TEXAS; 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 Denton Festival Foundation Inc. 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 Denton Arts and Jazz Festival, which will be held on Friday,
September 11, 2026, from 3:00 p.m. to 11:00 p.m., Saturday, September 12, 2026, from 10:00
a.m. to 11:00 p.m., and Sunday, September 13, 2026, from 11:00 a.m. to 9:00 p.m. at the North
Texas Fairgrounds in Denton, Texas; and
WHEREAS, The Denton Festival Foundation Inc. provides a free community event that
showcases over 2,700 performers, local and statewide vendors, children's activities, art exhibits,
250 booths, and five stages with various entertainers. The event is designed to engage residents
of all ages, offering an exciting experience for professional and amateur musicians, artists, and
performers while providing entertainment and activities that appeal to the broader community;
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, The Denton Festival
Foundation Inc. 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 Denton Arts
and Jazz Festival in Denton, Texas, on Friday, September 11, 2026, from 3:00 p.m. to
11:00 p.m., Saturday, September 12, 2026, from 10:00 a.m. to 11:00 p.m., and Sunday,
September 13, 2026, from 11:00 a.m. to 9:00 p.m. at the North Texas Fairgrounds.
2. The Denton Festival Foundation Inc. 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. The Denton Festival Foundation Inc. agrees to cease using amplified loudspeakers past
11:00 p.m. on Friday September 11, 2026, Saturday, September 12, 2026, at 11:00
p.m., and Sunday, September 13, 2026, by 9:00 p.m.
4. Under no circumstances shall The Denton Festival Foundation Inc. employ the use of
amplified loudspeakers past 11:00 p.m. on Friday, September 11, 2026, and Saturday,
September 12, 2026, at 11:00 p.m., and 9:00 p.m. on Sunday, September 13, 2026.
5. The Director of Parks and Recreation may approve modifications to the dates and times
of the events.
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 Arts and Jazz Festival on Sunday, September 13, 2026, at
9:00 P.M.
The motion to approve this Ordinance was made by Jill Jester and seconded by Nick Stevens. This
Ordinance was passed and approved by the following vote [6 - 0]:
Aye
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:
✓
Nay Abstain Absent
PASSED AND APPROVED this the 18th day of August, 2026.
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ATTEST:
KRISTI FOGLE, INTERIM CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY:
— 131,\, � J0� -
CH WATTS, MAYOR
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