18-399s\:fegral\our docurncnts\crrdinanues\18\artsf�stnoiseord.doc
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WHEREAS, pursuant to Section 17-20 of the Code of Ordinances of the City of Dentan,
Texas, the Denton Arts & Jazz Festival ("Festival") has made application to the City Council for
an exception to the provision restricting hours of operation for an outdoor music festival, in
connection with the Festival held at Quakertown Park, from the limitations imposed by Section
17- 20 of the Cade of Ordinances of the City of Denton, Texas, granting a variance in hours of
operation for amplified sound levels for an outdoar music festival Friday, April 27, and Saturday,
Apri12$, from 10 p.m. to midnight; and Sunday, Apri129, 2018, fram 11 a.m. ta 10 p.m.; and
WHEREAS, upon prior application and approval by the City Council of the City of Denton,
Texas, Denton Arts & Jazz Festival has consistently demonstrated an ability to responsibly operate
the annual event held at Quakertown Park, on days and hours of operation restricted in Section 17-
20 of the Code af Ordinances of the City of Dentan, 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
iinds that granting a noise exception for this event, subject to the restrictions contained herein,
would serve the public interest; NOW, THEREFORE,
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1. 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
operatian of the Denton Arts & Jazz Festival annual event at Quakertown Park.
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.
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s\:legal\our documents\ordinances\18\artsfestnoiseord.doc
4, Under no circumstances shall the Festival employ the use of amplified loudspeakers
past midnight on Friday, April 27 and Saturday, April 28, 2018, and on Sunday,
Apri129 at 10 p.m.
5, Under no circumstances shall the Festival employ the use of amplified loudspeakers
that exceed 70 dba 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 �-%���� da of ��r
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YOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
AARON LEAL. CITY ATTORNEY