2014-219\\CODAL3\Departrnents\Lega(\Our pocuments\Ordinances\14\Blues Festivai exemption fram naise ordinance.doc
�, r l, . �' � ii �
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING THE BLUES
FESTIVAL A THREE-YEAR EXCEPTION, 2014, 2015, AND 2016, TO THE LIMITATIONS
IMPOSED BY SECTION 17-20 OF THE CODE OF ORDINANCES OF THE CITY OF
DENTON, TEXAS, GRANTING AN INCREASE FROM 70 TO i5 I7BA LOUDSPEAKER
AMPLIFICATION AND INCREASED HOURS FOR THREE CONSECUTIVE YEARS,
THAT BEING: SEPTEMBER 20, 2014, 1:00 P.M. UNTIL 10:30 P.M. AND SEPTEMBER 21,
2014, 1:00 P.M. UNTIL 8:30 P.M.; SEPTEMBER 19, 2015, 1:00 P.M. UNTIL 10:30 P.M. AND
SEPTEMBER 20, 2015, 1:00 P.M. UNTIL 8:30 P.M.; SEPTEMBER 17, 2016, 1:00 P.M.
L7NTIL 10:30 P.M. AND SEPTEMBER 18, 2016, 1:00 P.M. UNTIL 8:30 P.M.; AND SETTING
AN EFFECTIVE DATE.
WHEREAS, pursuant to § 17-20 of the Code of Ordinances of the City of Denton, Texas,
the Blues Festival 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 any time on Sunday, in connection with the Blues Festival annual event held
at the Quakertown Park, has requested a three-year exception be granted for 2014, 2015 and 2016,
to the limitations imposed by section 17-20 of the code of ordinances of the City of Denton,
Texas, granting an increase from 70 to 75 dba loudspeaker amplification and increased hours of
operation, that being: September 20, 2014, 1 p.m. until 10:30 p.m. and September 21, 2014, 1
p.m. until 8:30 p.m.; September 19, 2015, 1 p.m. until 10:30 p.m. and September 20, 2015, 1
p.m. until 8:30 p.m.; September 17, 2016, 1 p.m. until 10:30 p.m. and September 18, 2016, 1
p.m. unti18:30 p.m.
WHEREAS, upon prior application and approval by the City Council of the City of Denton,
Texas, the Blues Festival has consistently demonstrated over the past 15 years an ability to
responsibly operate amplified loudspeakers in connection with the Blues 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
WHEREAS, based upon this past history, the City Council of the City of Denton, Texas
finds that granting an noise exception for this annual event for three-consecutive years, 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 § 17-20 of the Code of Ordinances, the Blues Festival is hereby
granted a three-year exception, 2014, 2015 and 2016, to said section's 10:00 p.m limitation from
Monday through Saturday and prohibition on Sunday, and the operation of amplified loudspeakers,
subject to the conditions listed below:
1. This exception to the limitations imposed by section 17-20 of the code of
ordinances of the city of Denton, Texas, is granted onlv in connection with the
operation of the Blues Festival annual event at Quakertown Park, and allows an
increase from 70 to 75 dba loudspeaker amplification and increased hours for
three consecutive years, that being: September 20, 2014, 1 p.m. until 10:30 p.m.
and September 21, 2014, 1 p.m. until 8:30 p.m.; September 19, 2015, 1 p.m. until
10:30 p.m. and September 20, 2015, 1 p.m. unti18:30 p.m.; September 17, 2016,
p.m. until 10:30 p.m. and September 18, 2016, 1 p.m. unti18:30 p.m.
2. The Blues Festival 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.
The Blues Festival agrees to cease using amplified loudspeakers at 10:30 p.m. on
Saturday and at 8:30 p.m. on Sunday.
4. Under no circumstances shall the annual event employ the use of amplified
loudspeakers past 10:30 p.m. on Saturday or Sunday.
Under no circumstances shall the annual event employ the use of amplified
loudspeakers that exceed 75 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.
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 �, ,� , ry 2014.
f
- �. �
� � �
,
�, , � y
�
��'° ��.�_�_�
�' � � ��TTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:, ,
Page 2 of 3
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
. ���- �� � �
BY; � �r'� �' ;��`����� .w;'�� �
� f `
��, ,f- ��°�°
Page 3 of 3