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HomeMy WebLinkAbout26-1201ORDINANCE NO.26-1201 AN ORDINANCE OF THE CITY OF DENTON GRANTING DOWNTOWN DENTON FOUNDATION A NOISE EXCEPTION FOR ARTS AND AUTOS ON FRIDAY, SEPTEMBER 11, 2026, FROM 6:00 P.M. TO 9:00 P.M. AND SATURDAY, SEPTEMBER 12, 2026, FROM 9:00 A.M. TO 3:00 P.M. ON THE DENTON HISTORIC SQUARE; 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 Downtown Denton Foundation 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 Arts and Autos, which will be held on Friday, September 11, 2026, from 6:00 p.m. to 9:00 p.m. and Saturday, September 12, 2026, from 9:00 a.m. to 3:00 p.m. on the Denton Historic Square; and WHEREAS, Denton Main Street provides a unique community car show features more than 150 registered vehicles, live music performances, a family -friendly chalk art contest, and a variety of local vendors. The event is designed to engage residents of all ages, offering an exciting experience for car enthusiasts 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, Downtown Denton Foundation is hereby granted an exception to said section's amplified sound prohibition subject to the following restrictions: 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 Arts and Autos in Denton, Texas, on Friday, September 11, 2026, from 6:00 p.m. to 9:00 p.m. and Saturday, September 12, 2026, from 9:00 a.m. to 3:00 p.m. 2. The Downtown Denton Foundation 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 Downtown Denton Foundation agrees to cease using amplified loudspeakers on Friday, September It, 2026, at 9:00 p.m. And Saturday, September 12, 2026, at 3:00 p.m. 4. Under no circumstances shall the Downtown Denton Foundation employ the use of amplified loudspeakers past 9:00 p.m. on Friday, September 11, 2026, and past 3:00 p.m. on Saturday, September 12, 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 Arts and Autos on Saturday, September 12, 2026, at 3:00 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: V. 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 Page 2 of 3 PASSED AND APPROVED this the 18th day of August, 2026. — r)��w4dj� CH WATTS, MAYOR ATTEST: KRISTI FOGLE, I N T E R I M CITY SECRETARY BY: *F-4 APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY I= Page 3 of 3