2017-316ORDINANCE NO, 2017-3.116
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING THE DENTON DAY
OF THE DEAD FESTIVAL, PURSUANT TO SECTION 17-20 OF THE CODE OF
ORDINANCES, A NOISE EXCEPTION ON SATURDAY, OCTOBER 28, 2017, GRANTING
AMPLIFIED SOUND LEVELS FOR AN OUTDOOR MUSIC FESTIVAL FROM 70 TO 75
DBA FROM 11 A.M. UNTIL 9 P.M.; AND SETTING AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 17-20 of the Code of Ordinances of the City of Denton,
Texas, the Denton Day of the Dead ("Festival") has made application to the City Council for an
exception to the provision restricting sound levels for an outdoor music festival, in connection with
the Festival held on the corner of Mulberry and Industrial Street, from the limitations imposed by
Section 17-20 of the Code of Ordinances of the City of Denton, Texas, granting amplified sound
levels from 70 to 75 decibels for an outdoor music festival from 11 a.m. to 9 p.m. on Saturday,
October 28, 2017;
WHEREAS, upon prior application and approval by the City Council of the City of Denton,
Texas, the Denton Day of the Dead Festival has consistently demonstrated an ability to responsibly
operate the annual event held at the corner of Mulberry and Industrial Street, at days restricted in
Section 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 a noise exception for this 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 Section 17-20 of the Code of Ordinances, the Denton Day of the
Dead Festival is hereby granted an exception to said section's amplified sound prohibition subject to
the following restrictions:
This exception to the limitations imposed by Section 17-20 of the Code of
Ordinances of the City of Denton, Texas, is granted only in connection with the
operation of the Denton Day of the Dead Festival annual event at the corner of
Mulberry and Industrial Street.
2. The 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 Festival agrees to cease using amplified loudspeakers at 9 p.m. on Saturday,
October 28, 2017.
4. Under no circumstances shall the Festival employ the use of amplified loudspeakers
past 9 p.m, on Saturday, October 28, 2017.
Under no circumstances shall the Festival employ the use of amplified loudspeakers
that exceed the requested increase of dba of 75 for an outdoor concert 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,
suspended, 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 Section
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, unless sooner repealed, modified, or rescinded.
PASSED AND APPROVED this the day of (� c 52017.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
AP Il O I',] AS TO LEGAL FORM:
AARON LEAL, INTERIM CITY ATTORNEY
BY:
Cl l 1S 'A'1'"fS. MAYOR
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