19-826AN ORDINANCE OF THE CITY OF DENTON, GRANTING THE DENTON CINCO DE
MAYO FESTIVAL COMMITTEE, PURSUANT TO SECTION 17-20 OF THE CITY OF
DENTON CODE OF ORDINANCES, A NOISE EXCEPTION FOR THE DENTON CINCO DE
MAYO FESTIVAL, WHICH WILL BE HELD ON SATURDAY, MAY 4, 2019, FROM 10:00
A.M. TO 10:00 P.M. AT THE QUAKERTOWN PARK; GRANTING AN INCREASE IN
AMPLIFIED SOUND LEVELS FOR AN OUTDOOR MUSIC FESTIVAL FROM 70 TO 75
DBA; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 17-20 of the Code of Ordinances of the City of Denton,
Denton Cinco de Mayo Festival Committee has made an application to the City Council for an
exception to the provision restricting amplified sound levels for an outdoor music festival, in
connection with Denton Cinco de Mayo Festival, from the limitations imposed by Section 17-20 of
the Code of Ordinances of the City of Denton, granting an increase in amplified sound levels for an
outdoor music festival from 70 to 75 dba on Saturday, May 4, 2019, from 10:00 a.m. to 10:00 p.m.;
and
WHEREAS, upon prior application and approval by the City Council of the City of Denton,
the Denton Cinco de Mayo Festival Committee has consistently demonstrated an ability to
responsibly operate the Denton Cinco de Mayo Festival at Quakertown Park, at amplified sound
levels 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 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,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Pursuant to Section 17-20 of the Code of Ordinances, Denton Cinco de Mayo
Festival Committee 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, is granted only in connection with the operation of the Denton Cinco de
Mayo Festival at the Quakertown Park.
Denton Cinco de Mayo Festival Committee 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.
Denton Cinco de Mayo Festival Committee agrees to cease using amplified loudspeakers on
Saturday, May 4, 2019, at 10:00 p.m.
Under no circumstances shall the Denton Cinco de Mayo Festival Committee employ the use
of amplified loudspeakers past 10:00 p.m. on Saturday, May 4, 2019.
5. Under no circumstances shall The Denton Cinco de Mayo Festival Committee employ the
use of amplified loudspeakers that exceeds 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, 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.
T 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.
rove this Ordinance was made 'l ,,�
Pp b y � " .t, and
seconded b.. �� �w �_...._w �.
The motion to a
y � �"�� ,� � � ��N z el 111 This Ordinance was passed and approved by
the following vote �....1:
Aye
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:
Nay Abstain Absent
PASSED AND APPROVED this the day of _ITITIT www 12019.
CHRIS WATTS, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: r
APPROVEDTO LEGAL O.
AARON LEAL, CITY ATTORNEY
February 26, 2019
To whom it may concern:
I, Blanca Govea, chairperson for the Denton Cinco de Mayo festival, am
requesting an exception to the noise ordinance to be granted for our 2019
festival which will take place on Saturday, May 4, 2019 at Quakertown Park. I
am also requesting an increase in the level of decibels from 70 to 75.
Thank you for your time and I look forward to your response.
If any question may arise, please feel free to contact me. I can be reached by
phone at (940) 594-9146 or by email ato�wµNWw�rn
Sincerely,
Blanca Govea
Denton Cinco de Mayo Chairperson