2014-092\\C0DAD\Departments\Lega1\0ur Documents\0rdinances\1AArts Festival exemption from noise ordinance.doc
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AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING THE DENTON
FESTIVAL FOUNDATION, PURSUANT TO SECTION 17-20 OF THE CODE OF
ORDINANCES OF THE CITY OF DENTON, TEXAS, A THREE-YEAR EXCEPTION, YEAR
2014 THROUGH 2016, TO THE LIMITATIONS IMPOSED BY THAT SECTION WITH
RESPECT TO HOURS OF OPERATION OF AN AMPLIFIED LOUDSPEAKER SYSTEM;
AND SETTING AN EFFECTIVE DATE.
WHEREAS, pursuant to §17-20 of the Code of Ordinances of the City of Denton, Texas,
the Denton Festival Foundation has made application to the City Council for an exception to the
provision of that same section restricting the operation of amplified loudspeakers from Monday
through Saturday after 10:00 p.m. and at anytime on Sunday, in connection with the Denton Arts &
Jazz Festival annual event held at the Quakertown 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 the
last weekend in April, 2014 on Friday and Saturday until 12:00 midnight and on Sunday from 11:00
a.m. until 10:00 p.m., and the last weekend in April, 2015 and 2016 on Friday and Saturday until
12:00 midnight and on Sunday from 11:00 a.m. until 10:00 p.m.; and
WHEREAS, upon prior application and approval by the City Council of the City of Denton,
Texas, the Denton Festival Foundation has consistently demonstrated over the past 16 years an
ability to responsibly operate amplified loudspeakers in connection with the Denton Arts & Jazz
Festival annual event held at Quakertown Park, at times past the hours defined in § 17-20 of the
Code of Ordinances of the City of Denton, Texas, within the public interest and without materially
disturbing persons of ordinary sensibilities in the immediate vicinity thereof, and
WHERE-AS, based upon this past history, the City Council of the City of Denton, Texas
finds that granting an exception for this annual event on an ongoing basis, subject to the restrictions
contained herein, would serve the public interest; NOW, THEREFORE,
SECTION 1. Pursuant to §17-20 • the Code of Ordinances, the Denton Festival
Foundation is hereby granted an exception from said section's 10:00 p.m limitation from Monday
through Saturday and prohibition on Sunday, upon the operation of amplified loudspeakers, subjecl
to the conditions listed below:
1 This exception is granted qqly in connection with the operation of the Denton Arts &
Jazz Festival annual event at the Quakertown Park, on the last weekend in April,
2014 on Friday and Saturday until 12:00 midnight and on Sunday from 11:00 a.m.
until 10:00 p.m., and the last weekend in April, 2015 and 2016 on Friday and
Saturday until 12:00 midnight and on Sunday from 11:00 a.m. until 10:00 p.m.
\\CODAD\Departments\Legal\Our Documents\Ordinances\14\Ads Festival exemption from noise ordinance.doc
2. The Denton Festival 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 Denton Festival Foundation agrees to cease using amplified loudspeakers at
12:00 midnight on Friday and Saturday and 10:00 p.m. on Sunday.
4. Under no circumstances shall the annual event employ the use of amplified
loudspeakers past 12:00 midnight on Friday or Saturday or before 11:00 a.m. or past
10:00 p.m. on Sunday.
Under no circumstances shall the annual event employ the use of amplified
loudspeakers that exceed 70 dba when measured from the perimeter of the source as
measured by an approved measuring instrument.
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 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 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 become effective immediately upon its passage and
approval, and expire three years hence, unless sooner repealed, modified or rescinded.
PASSED AND APPROVED this the
day of 2014.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
k \ N \
BY:
MARK A, BLJ'1tkOU6HS, MAYOR
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