2013-164s:lour documentslordinances1131north texas fair noise exception.doc
ox�nvnNCE No. 2013-164
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING, PURSUANT TO
SECTION 17-20 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, AN
EXCEPTION TO THE LIMITATIONS IMPOSED BY THAT SECTION WITH RESPECT TO
SOUND LEVEL5 AND HOURS OF OPERATIONS FOR AN OUTDOOR MUSIC FESTNAL;
AND PROVIDING AN EFFECTNE DATE.
WHEREAS, by Ordinance No. 2010-189, the City Council granted the North Texas State
Fair Association a three-year exception from the requirements of Section 17-20 of the Code of
Ordinances of the City of Denton, Texas ("Code") and that exception has expired; and
WHEREAS, by Ordinance No. 2010-132, the City Council amended the noise ordinance
and exceptions where allowed as to sound levels and hours of operation when the public interest
will be served thereby for outdoor music festivals; and
WHEREAS, the North Texas State Fair and Rodeo meets the definition of Outdoor Music
Festival pursuant to Section 17-2 of the Code of Ordinances of the City of Denton, Texas; and
WHEREAS, North Texas State Fair Association 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 North Texas State Fair And Rodeo annual
event held at 2217 North Carroll Boulevard, North Texas State Fairgrounds in Kimbrough Park, and
in connection with said request, has requested the exception to be granted on an ongoing basis for
said annual event at said location for ten days between the third Friday of August through the fourth
Sunday of August 2013-2015; and
WHEREAS, upon prior application and approval by the City Council of the City of Denton,
Texas, North Texas State Fair Association has consistently demonstrated over the past three years
an ability to responsibly operate amplified loudspeakers in connection with the North Texas State
Fair and Rodeo annual event held at 2217 North Carroll Boulevard, North Texas State Fairgrounds,
at time past the hours defined and sound levels allowed by § 17-20 of the Code, within the public
interest and without materially disturbing persons of ordinary sensibilities in the immediate vicinity
thereof; and
WHEREAS, based upon this past history, the City Council of the City of Denton, Texas
fmds that granting an exception for this annual event on an ongoing basis for a three-year period,
subject to the restrictions contained herein, would serve the public interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. Pursuant to § 17-20 of the Code of Ordinances, North Texas State Fair
Association is hereby granted an exception to section 17-20 limitation, for a period of three years,
upon the time periods and sound level for outdoor music festivals, subject to the conditions listed
below:
1. This exception is granted o� in connection with the operation of the North Texas
State Fair and Rodeo annual event at 2217 North Carroll Boulevard, North Texas State Fair-
grounds, for ten days between the third Friday of August through the fourth Sunday of
August 2013-2015.
2. North Texas State Fair Association agrees to talce full responsibility for ensuring
that the conditions of this exception are met, and to take a11 reasonable measures necessary
to avoid disturbing persons of ardinary sensibilities in the immediate vicinity of the event.
3. North Texas State Fair Association agrees to cease exceeding the sound levels of
Section 17-20 at 12:00 midnight Monday through Thursday, 1:00 a.m. Friday and
Saturday and 11:00 p.m. on Sunday.
4. Under no circumstances shall the annual event permit sound levels to exceed the
requirements of Section 17-20 of the Code between the hours of 1:00 a.m. and 7:00 a.m.
5. This ordinance confers no personal ar 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 a11, or for no reason.
6. This ordinance shall 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 all 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. This ordinance shall become effective unmediately upon its passage and
approval, and expire three years hence, unless sooner repealed, modified or rescinded.
PASSED AND APPROVED this the �
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
r
sY: �. ,�
APPR ED A TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: �'�