18-402s:\legal\our documents\ordinances\18\thinlinefilmfest.doc
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WHEREAS, pursuant to Section 17-20 of the Cade af Ordinances of the City of Denton,
Texas, the Thin Line Film Festival ("Festival") has made application to the City Cauncil for an
exception to the provision restricting sound levels and hours of operation for an outdoor music
festival, in connection with the Festival held on the Denton Caunty Courthouse lawn, from the
limitations imposed by Section 17- 20 of the Code af Ordinances of the City of Denton, Texas,
granting amplified sound levels from 70 ta 75 decibels and a variance in hours of operations far
an autdoar music festival each day from noan to 11 p.m., Wednesday, April 18 thraugh Sunday,
Apri122, 2018; and
WHEREAS, upon prior application and approval by the City Council af the City of Denton,
Texas, Thin Line Film Festival has consistently demonstrated an ability ta responsibly operate the
annual event held an the Denton County Courthouse lawn, at days restricted in Section 17-20 of
the Code af Ordinances of the City of Denton, Texas, within the public interest, and without
materially disturbing persans of ordinary sensibilities in the immediate vicinity thereof; and
WHEREAS, based upon this past history, the City Cauncil of the City af Denton, Texas
finds that granting a noise exceptian for this event, subject to the restrictians contained herein,
wauld serve the public interest; NOW, THEREFORE,
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SECTION 1. Pursuant to Sectian 17-20 af the Code of Ordinances, the Thin Line Film
Festival .m.m.m..�... ...........................������.
is hereby granted an exception to said section°s amplified saund prohibitian subject to the
fallowing restrictians:
1, This exceptian to the limitations impased by Section 17-20 af the Code of
Ordinances of the City af Denton, Texas, is granted only in connection with the
operation of the Thin Line Film Festival annual event on the Denton County
Courthouse lawn.
2, The Festival agrees to take full responsibility for ensuring that the conditions of this
exceptian are met, and to take all reasanable measures necessary to avoid disturbing
persons of ordinary sensibilities in the immediate vicinity of the event.
s:\legal\our documents\ordinancesU 8\thinlinefilmfest.doc
The Festival agrees to cease using amplified loudspeakers each day at 11 p.m.,
Wednesday, April 18 through Sunday, Apri122, 2018.
4. Under no circumstances shall the Festival employ the use of amplified loudspeakers
past 11 p.m., Wednesday, April 18 through Sunday, Apri122, 2018.
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.
SEC,TION 2. This Ordinance shall become effective immediately upon its passage and
approval, unless sooner repealed, modified, or rescinded.
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PASSED AND APPROVED this the �,;� ��� _ day of ���"' �, ��� �__ „* 2018,
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CHRIS WATTS, ,��'OR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY� "n � a
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APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY