18-1281ORDINANCE NO. 18-1281
AN ORDINANCE OF THE CITY OF DENTON, TEXAS GRANTING THE DENTON BLUES
FESTIVAL, PURSUANT TO SECTION 17-20 OF THE CODE OF ORDINANCES, A NOISE
EXCEPTION FRIDAY, SEPTEMBER 14, FROM 8 A.M. TO 11 P.M.; SATURDAY,
SEPTEMBER 15, FROM NOON TO 11 P.M.; AND SUNDAY, SEPTEMBER 16, 2018, FROM
10 A.M. TO 10 P.M. AT QUAKERTOWN PARK; GRANTING A VARIANCE IN HOURS OF
OPERATION FOR AMPLIFIED SOUND LEVELS FOR AN OUTDOOR MUSIC FESTIVAL;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 17-20 of the Code of Ordinances of the City of Denton,
Texas, the Denton Blues 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 Code of Ordinances of the City of Denton, Texas, granting a variance in hours of
operation for amplified sound levels for an outdoor music festival Friday, September 14, from 8
a.m. to 11 p.m.; Saturday, September 15, from noon to 11 p.m.; and Sunday, September 16, from
10 a.m. to 10 p.m.; and
WHEREAS, upon prior application and approval by the City Council of the City of Denton,
Texas, Denton Blues 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 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:
SECTIONwwwwl. Pursuant to Section 17-20 of the Code of Ordinances, the Denton Blues
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 Blues 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.
3 n The Festival agrees to cease using amplified loudspeakers at 11 p.m. on Friday,
September 14, and Saturday, September 15, and on Sunday, September 16, at 10
p.m.
4. Under no circumstances shall the Festival employ the use of amplified loudspeakers
past 11 p.m. on Friday, September 14 and Saturday, September 15, and on Sunday,
September 16, 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.
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1� � ance was made by '�" ��f ��� �"�' ���� m� and
The motion to ������r�� tlus ordin
seconded by , ��� �' � ��" �����,�'�� � � the ���lirr�.��°ec� '`�v`�� passed and
�����rc����l l�� t���.� 1i.�����u���� ��t� � �',�� � �"� �:
Aye Nay Abstain Absent
Mayor Chris Watts: .,,,,,,,,,,,,,.. ��'°�.
Gerard Hudspeth, District 1: ��ee _ m �
Keely G. Briggs, District 2: ��
Don Duff, District 3: ��
John Ryan, District 4: __ ���___..... ..................................... �rrrrrr�_�r��_.�.
Deb Armintor,
AtLarge Place 5: _.......�'�� .................._ .. ................................ �.,...........� ...�
Paul Meltzer,
At Large Place 5: ��
PASSED AND APPROVED this the �:� ��d��� day of ° .��� _, 2018,
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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�."l ������`� WATTS, MAYOR