19-2334s:\Icgal\aur documcnls\ardinances\19\cxhibit 2 ordinance dadl'.docx
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WHEREAS, the Denton Day of the Dead Festival Inc., has made an application to the City
Council for an exception to Sectian 17-20 af the Code of Ordinances regarding sound levels and
hours of operatian, in connectian with the Denton's Day of the Dead Festival annual event to be
held at Industrial Street and E. Hickory Street in Denton, Texas, on Saturday, Octaber 26, 2019;
and
WH� EAS, upon priar application and approval by the City Council af the City of Denton,
the Denton Day of the Dead Festival Inc., has consistently demonstrated an ability to responsibly
operate the Denton's Day of the Dead I'estival at Industrial Street and E. Hickory Street, at
amplified sound levels restricted in Section 17-20 of the Code of Ordinances of the City of Denton,
within the public interest, and without materially disturbing persons of ardinary 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 interests NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DEN1'ON HCRCBY ORDAINS:
SECTION 1. Pursuant to Section 17-20 of the Code af Ordinances, Denton Day of the Dead
Festiv��� ������ ,�� ����r�°eby granted an exception to said section's ampliiied sound prohibition subject
to the following restrictions:
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Denton Day af the Dead Pestival Inc., agrees to cease using amplified loudspeakers on
Saturday, October 26, 2019 at 11:00 p.m.
Under no circumstances shall the Dentan Day of the Dead Pestival Inc., employ the use of
amplified loudspeakers past 11:00 p.m. an Saturday, Octaber 26, 2019.
5. Under no circumstances shall the Denton Day of the Dead Festival Inc., employ the use of
amplified loudspeakers that exceeds 75 dba for an autdoor event when measured from the
perimeter of the source as measured by an approved measuring instrument.
6. This Ordinance canfers no personal or praperty rights, and may be amended, modified,
suspended, ar revoked in whole or in part at the will of the City Council of the City of
Denton, without any advance warning, hearing, ar compensatian, for any reasan at all, or
for no reason.
7. This Ordinance shall be strictly canstrued as an exception granted pursuant to Section 17-
20 af the Code af Ordinances of the City of Denton. The City of Denton expressly reserves
unto itself and all ather 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, ar equitable estoppel which might in any way impede the pursuit of such
reinedies by any person.
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and shall expire upon the completion of the Denton's Day af the Dead Festival on Saturday,
Octaber 26, 2019, unless sooner repealed, modified, ar rescinded.
The motion to approve this Ordinance was madc by �%f{it/ ��/f�i'✓ and
seconded by � � � � #� , �'�i�.".� ��� ;� __._ ,. This Ordinance was passed and approved by
the following vote � - � ] :
Mayor Chris Watts:
Gerard I�udspeth, District 1:
Keely G. Briggs, District 2:
Jesse L. Davis, District 3:
John Ryan, District 4:
Deb Armintor, At Large Place 5
Paul Meltzer, At Large Ylace 6:
PASSED AND APPROVED this the '��/( day of �� �� , 2019.
ATTEST:
ROSA RIOS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM;
AARON LEAL,.
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"Y ATTORNEY
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CHRI�� ��'ATTS, MAYOR
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