2012-040s:llegal\our documents\ordinances112135 denton ordinance.doc
ORDINANCE NO. 2� 12-�40
AN ORDINANCE TO ALLOW EXCLUSIVE USE OF CITY PROPERTY FOR AN EVENT
AT WILLIAMS TRADE SQUARE AND HICKORY STREET BETWEEN 1NDUSTRIAL
AND AUSTIN STREETS; FOR AN EXCEPTION TO THE NOISE ORDINANCE TO HAVE
1NCREASE 1N DECIBEL LEVEL TO 75 DECIBELS AND FOR AMPLIFIED SOUND ON
SUNDAY; AND FOR THE STREET CLOSURES TO TR.AFFIC BEGINNING AT 7:00 A.M.
ON FRIDAY, MARCH 9, 2012, AND CONCLUDING AT 11:00 P.M. ON SUNDAY, MARCH
11, 2012; AND PROVIDING FOR AN EFFECTNE DATE.
WHEREAS, the City of Denton ("City") is the owner of Williams Trade Square; and
WHEREAS, by Ordinance No. 2009-062, the CiTy Council amended the noise ordinance
and exceptions were allowed as to sound levels and hours of operation when the public interest will
be served thereby for outdoor music festivals; and
WHEREAS, the 35 Denton meets the defuution of Outdoor Music Festival pursuant to
Section 17-2 of the Code of Ordinances of the City of Denton, Texas; and
WHEREAS, the 35 Denton has made application to the City Council for an exception to the
provisions of Sections 17-20 of the Code regarding sound levels and time of use of amplified
loudspealcers, in connection with the 35 Denton annual event held at Williams Trade Square, and
Hickory Street, and in connection with said request, has requested the exception to be granted for
said annual event at said location for three days, March 9-11, 2012; and
WHEREAS, based upon this past history, the City Council of the City of Denton, Texas
finds that granting an exception for this annual event, subject to the restrictions contained herein,
would serve the public interest; and
WHEREAS, Wallace Campbell, representing the 35 Denton, is requesting that Hickory
Street between Industrial and Austin Streets within the corporate limits of the City of Denton,
Texas, be temporarily closed to public vehicular traffic between the hours of 7:00 a.m. on Friday,
March 9, 2012, and concluding at 11:00 p.m. on Sunday, March 11, 2012, for the purpose of having
the 35 Denton; and
WHEREAS, Wallace
tenants and property owners
these streets; and
�I
Campbell, representing the 35 Denton, has assured the City that the
in this area have been contacted regarding the temporary closing of
WHEREAS, the 35 Denton is open to the general public of the City and County of Denton;
WHEREAS, in order to provide adequate space for the said event and in order to protect the
safety of citizens who attend, the City Council of the City of Denton deems it is necessary to
temporarily close a portion of Hickory Street between Industrial Street and Austin Street from the
hours of 7:00 a.m. on Friday, March 9, 2012, through 11:00 p.m. on Sunday, March 11, 2012;
NOW, THEREFORE,
Page 1 of 3
s:llegallour documents\ordinances112\35 denton ordinance.doc
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Pursuant to § 17-20 of the Code of Ordinances, the 35 Denton is hereby
granted an exception to Section 17-201imitation, for a period of three days, upon the time periods
and sound level for outdoor music festivals, subject to the conditions listed below:
Sound levels shall not exceed 75 dba at the established perimeter of the 35 Denton
event.
2. This exception is granted only in connection with the operation of the 35 Denton
annual event at Williams Trade Square, Hicicory Street between Industrial and Austin
Streets for three days between March 9 through March 11, 2012.
3. The 35 Denton 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.
4. The 35 Denton agrees to cease exceeding the sound levels of Section 17-20 at 10:00
p.m. for each night beginning Friday through Sunday, March 9 through March 11, 2012.
5. Under no circumstances shall the annual event permit sound levels exceed the
requirements of Section 17-20 of the Code between the hours of 10:00 p.m. and 7:00 a.m.
6. This ordinance confers no personal or property rights, and may be amended,
modified, superseded or revoked in whole or in part at the will of the City Council of the
City of Denton, Texas, without any advance warning, hearing or compensation, for any
reason at all, or for no reason.
7. This ordinance sha11 be strictly construed as an exception granted pursuant to § 17-20
of the Code of Ordinances of the City of Denton, Texas. The City of Denton, Texas
expressly reserves unto itself and all other persons any and a11 legal remedies, civil or
criminal, relating to excessive noise in connection with this annual event, and hereby dis-
claims any promissory or equitable estoppel which might in any way impede the pursuit of
such remedies by any person.
SECTION 2. A portion of Hickory Street between Industrial and Austin Streets, public
streets within the corporate limits of the City of Denton, Texas, be temporarily closed to
vehicular traffic between the hours of 7:00 a.m. on Friday, March 9 through 11:00 p.m. on Sunday,
March 11, 2012, for the purpose of having the 35 Denton provided, however, that the following
condition be met by the 35 Denton:
The 35 Denton will remove all trash and debris from the streets and the parking lot areas
after the 35 Denton.
2. The 35 Denton will be responsible for a11 barricades and signage required during the
street closures.
Page 2 of 3
s:\legallour documents\ordinances\12135 denton ordinance.doc
SECTION 3. This Ordinance shall become effective immediately upon its passage and
approval.
g� J��GL'''�'
PASSED AND APPROVED this the �� � day of �' , 2012.
MARK A. B UGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
�
� �
BY:
Page 3 of 3