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HomeMy WebLinkAbout26-1312ORDINANCE NO.26-1312 AN ORDINANCE OF THE CITY OF DENTON GRANTING THE DENTON DAY OF THE DEAD FESTIVAL INC. A NOISE EXCEPTION FOR THE DENTON' S DAY OF THE DEAD FESTIVAL AND CIRQUE DE HORROR REHEARSALS, ON OCTOBER 19-25, 2026 MONDAY THROUGH THURSDAY FROM 7:00 P.M. TO 11:00 P.M., FRIDAY FROM 8:00 P.M. TO 10:00 P.M., SATURDAY FROM 11:00 A.M. TO 11:00 P.M. AND SUNDAY FROM 5:00 P.M. TO 7:30 P.M. AT INDUSTRIAL STREET AND HICKORY STREET 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 Day of the Dead Festival 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's Day of the Dead Festival, which will be held on October 19-25, 2026, Monday through Thursday from 7:00 p.m. to 11:00 p.m., Friday from 8:00 p.m. to 10:00 p.m., Saturday from 11:00 a.m. to 11:00 p.m. and Sunday from 5:00 p.m. to 7:30 p.m. at Industrial Street and Hickory Street in Denton, Texas; and WHEREAS, upon prior application and approval by the City Council of the City of Denton, the Denton Day of the Dead Festival Inc. has consistently demonstrated an ability to responsibly operate the Denton's Day of the Dead Festival, 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, the Denton Day of the Dead Festival 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's Day of the Dead Festival Industrial Street and Hickory Street in Denton, Texas, on October 19- 25, 2026 Monday through Thursday from 7:00 p.m. to 11:00 p.m., Friday from 8:00 p.m. to 10:00 p.m., Saturday from 11:00 a.m. to 11:00 p.m. and Sunday from 5:00 p.m. to 7:30 p.m. 2. The Denton Day of the Dead Festival 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 Day of the Dead Festival Inc. agrees to cease using amplified loudspeakers on Monday through Thursday at 11:00 p.m., Friday at 10:00 p.m., Saturday at 11 p.m., and Sunday at 7:30 p.m. 4. Under no circumstances shall the Denton Day of the Dead Festival Inc. employ the use of amplified loudspeakers past 11:00 p.m. on Monday through Thursday, 10:00 p.m. on Friday, 11:00 p.m. on Saturday, and 7:30 p.m. on Sunday. 5. 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. 6. 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 Denton's Day of the Dead Festival on Sunday, October 25, 2026, at 7:30 p.m., unless sooner repealed, modified, or rescinded. The motion to approve this Ordinance was made by George Ferrie seconded by Nick Stevens by the following vote-0. Aye Mayor Chris Watts: ✓ Jordan E. Villarreal, District 1: Nick Stevens, District 2: ✓ ✓ Suzi Rumohr, District 3: ✓ Joe Holland, District 4: V. George Ferrie, At Large Place 5: Jill Jester, At Large Place 6: ✓ and This Ordinance was passed and approved Nay Abstain Absent Page 2 of 3 PASSED AND APPROVED this the 15th day of September, 2026. ai�JJA CHRIS WATTS, MAYOR ATTEST: KRISTI G LBERT, CITY SECRETARY BY - APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY ,lllllllll//// o; = Z _ wo •Qa ;i•� Page 3 of 3