2015-290sAlegal \our documents \ordinances \15 \exemption from noise ordinance_oaktopia.docx
ORDINANCE NO. 2015 -290
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING OAKTOPIA,
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 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,
Oaktopia has made application to the City Council for an exception to the provision of that same
section restricting the operation of amplified loudspeakers in connection with the Oaktopia annual
event held on the Denton County Historic Courthouse Lawn at 110 W. Hickory St., Travelstead at
209 — 211 E. Hickory St., and Williams Trade Square at 101 E. Hickory St., and in connection with
said request, has requested the exception to be granted for said annual event at the Denton County
Historic Courthouse lawn location, Friday, September 25, 2015 not to exceed 75 dba from 5:00 p.m.
until 10:00 p.m., the Travelstead location, Friday, September 25, 2015 not to exceed 75 dba from
8:00 p.m. until midnight, and all three locations, Saturday, September 26, 2015 not to exceed 75
dba from 2:00 p.m. until 11:30 p.m., all three locations, Sunday, September 27, 2015 not to exceed
75 dba from 1:30 p.m. until 10:30 p.m.; and
WHEREAS, upon prior application and approval by the City Council of the City of Denton,
Texas, Oaktopia has consistently demonstrated over the past two years an ability to responsibly
operate amplified loudspeakers in connection with Oaktopia annual event held at the Williams
Trade Square and vicinity adjacent known as E. Hickory St, 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 exception for this annual 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 §17-20 of the Code of Ordinances, Oaktopia 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, subject to the conditions listed below:
L This exception is granted only in connection with the operation of Oaktopia's annual
event held at Denton County Historic Courthouse Lawn at 110 W. Hickory St.,
Travelstead at 209 — 211 E. Hickory St., and Williams Trade Square at 101 E.
Hickory St., and in connection with said request, has requested the exception to be
granted for said annual event at the Denton County Historic Courthouse lawn
location, Friday, September 25, 2015 not to exceed 75 dba from 5:00 p.m. until
10:00 p.m., the Travelstead location, Friday, September 25, 2015 not to exceed 75
dba from 8:00 p.m. until midnight, and all three locations, Saturday, September 26,
sAlegal \our documents \ordinances \15 \exemption from noise ordinance_oaktopia.docx
2015 not to exceed 75 dba from 2:00 p.m. until 11:30 p.m., all three locations,
Sunday, September 27, 2015 not to exceed 75 dba from 1:30 p.m. until 10:30 p.m.
2. The Oaktopia 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 Oaktopia agrees to cease using amplified loudspeakers at the Denton County
Historic Courthouse lawn location, Friday, September 25, at 10:00 p.m., the
Travelstead location, Friday, September 25, 2015 at midnight, and all three
locations, Saturday, September 26, 2015 at 11:30 p.m., all three locations, Sunday,
September 27, 2015 at 10:30 p.m.
4. Under no circumstances shall the annual event employ the use of amplified
loudspeakers at the Historic Courthouse lawn location, Friday, September 25, past
10:00 p.m., the Travelstead location, Friday, September 25, 2015 past midnight, and
all three locations, Saturday, September 26, 2015 past 11:30 p.m., all three locations,
Sunday, September 27, 2015 past 10:30 p.m.
5. 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.
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 _1 �. day of � ,- , 2015.
WATTS, MAYOR
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
"IA
M,
BY:
—.
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