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WHEREAS, pursuant to Section 17-20 of the Code of Ordinances of the City of Denton, Denton
Festival Foundation, Inc. has made an application to the City Council for an exception to the provision
restricting hours of operation for an outdoor music festival, in connection with Denton Arts & Jazz Festival,
from the limitatioosed bp Section 17-20 of the Code of Ordinances of the CihkA of Dento_n granting vt
variance in hours of operation for amplified sound levels for an outdoor music festival on Friday, April 26,
and Saturday, April 27, from 10:00 p.m. to midnight; and Sunday, April 28, 2019, from 11:00 a.m. to 10:00
and
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of ordinary sensibilities in the immediate vicinity thereof; and
WHEREAS, based upon past history, the City Council of the City of Denton, finds that granting a noise
exception for this event, subject to the restrictions contained herein, would serve the public interest; NOW,
THEREFORE,
.SECTION 1. Pursuant to Section 17-20 of the Code of Ordinances, Denton Festival Foundation, Inc.
is hereby granted an exception to said section's amplified sound prohibition subject to the following
restrictions:
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[*,enton, is granted only in connection with the operation of the Denton Arts & Jazz Festival at the
fuakertown Park.
Denton Festival Foundation, Inc. agrees to take full responsibility for ensuring that the conditions
this exception are met and to take all reasonable measures necessary to avoid disturbing persons
ordinary sensibilities in the immediate vicinity of the event.
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4Under no circumstances shall the Denton Festival Foundation, Inc. employ the use of amplified
loudspeakers past 10: 00 p.m. on Sunday, April 28, 2019.
Under no circumstances shall The Denton Festival Foundation, Inc. employ the use of amplifiet
loudspeakers that exceeds 70 dba for an outdoor event when measured from the perimeter of th(i
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, 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, both civil and criminal, relating to excessive noise in
correction 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 be effective immediately upon its passage and approval.
The motion to approve this Ordinance was made by V' and seconded by
X°X ,�� �" This Ordinance was passed and approved by the following vote
...
-_ -1:
Aye Nay Abstain Absent
Mayor Chris Watts:
Gerard Hudspeth, District 1: tl'
Keely G. Briggs, District 2: �ITmm ITITm
Don Duff, District 3:
John Ryan, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the'` day of/ 2019.
CHRIS WATTS, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
u�a
APPROVED AS TO LFGAL FORM-