18-1714• ' i' � !, i �
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WHEREAS, pursuant to Section 17-20 of the Code of Ordinances of the City of Denton,
the Denton's Day of the Dead Festival ('°Festival"} has made an application to the City Council for an
exception to the provisian restricting sound levels for an outdoor music festival, in connection with the
Festival held at the corner of Mulberry Street and Industrial 5treet, from the limitatians imposed by
Section 17-20 of the Code of Ordinances of the City of Dentan, granting a variance in amplified
sound levels from 70 to 75 dba for an outdoor music festival an Saturday, October 27, 2018, from
11:00 a.m. to 9:00 p.m.; and
WHEREAS, upon prior applicatian and appraval by the City Council of the City of Denton,
the Denton's Day of the Dead Festival has consistently demonstrated an ability ta responsibly
operate the Festival held at the corner of Mulberry Street and Industrial Street in Section 17-20 of the
Code of Ordinances of the City of Denton, within the public interest, and without materially
disturbing persons of ordinary sensibilities in the immediate vicinity thereof; and
WHEREAS, hased upon this past history, the City Council of the City of Denton, finds
that granting a noise exception far this event, subject to the restrictions contained herein, would
serve the public interest; NOW, THEREFORE,
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SECTION 1. Pursuant to Section 17-20 af the Code of Ordinances, the Denton's Day of the
Dead Festival is hereby granted an exception ta said section's amplified sound prohibition subject
to the following restrictions:
1. This exception to the limitations imposed by Sectian 17-20 of the Code of Ordinances
of the City of Denton, is granted only in connection with the operation of the Dentan's Day of
the Dead Festival at the corner of Mulberry Street and Industrial Street on Saturday, October 27,
201$, from 11:00 a.m. to 9:00 p.m.
2. Event organizers for the Denton's Day of the Dead Festival ("event organizers") agree to take
full responsibility for ensuring that the conditions of this exception are met and to take all
reasonahle measures necessary ta avoid disturhing persons of ardinary sensibilities in the
immediate vicinity af the event.
3. Event organizers agree to cease using amplified loudspeakers at 9:00 p.m. on Saturday,
October 27, 2018.
4. Under no circumstances shall the Festival employ the use of amplified loudspeakers past
9:00 p.m. on Saturday, October 27, 2018.
5. Under no circumstances shall the Festival employ the use of amplifed loudspeakers that
exceed 75 dba for an outdoor music festival 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, modifed,
suspended, or revoked in whole or in part at the will of the City Council of the City of
Denton, 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. The City of Denton, 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.
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Mayor Chris Watts:
Gerard Hudspeth, District 1
Keely G. Briggs, District 2:
Don Duff, District 3:
John Ryan, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
Aye Nay Abstain Absent
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PASSED AND APPROVED this the �`�� � da of _,� ,,� ' „__ , 2018,
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CHRISWATTS, ����MAYOR��������������������������������������������������������������������������� .................................--
ATTEST:
JENr1IFER WALTERS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
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