20-1786ORDINANCE NO.20- 1786
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING THE NORTH TEXAS
STATE FAIR ASSOCIATION AN EXCEPTION PURSUANT TO SECTION 17-20 OF THE
CITY OF DENTON CODE OF ORDINANCES, WITH RESPECT TO SOUND LEVELS AND
HOURS OF OPERATION FOR THE NORTH TEXAS FAIR AND RODEO, WHICH WILL BE
HELD OCTOBER 16–24, 2020 AT 221 N. CARROLL BOULEVARD; GRANTING A
VARIANCE IN THE HOURS OF OPERATION FOR SAID DATES ON MONDAY
THROUGH THURSDAY FROM 10:00 P.M. TO MIDNIGHT, FRIDAY AND SATURDAY
FROM 10:00 P.M. TO 1 :00 A.M., AND SUNDAY FROM 11 :00 A.M. TO 11:00 P.M., WITH
SOUND NOT TO EXCEED 70 DECIBELS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 17-20 of the Code of Ordinances of the City of Denton, the
City Council may make exceptions upon application for sound levels or hours of operation when
the public interest will be served thereby; and
WHEREAS, the North Texas State Fair association has made an application to the City
Council for an exception to the provisions of Section 17-20 of the Code of Ordinances regarding
sound levels and hours of operation, in connection with North Texas Fair and Rodeo annual event
held at 22 17 North Carroll Boulevard, with an amended request for the October 16-24, 2020; and
WHEREAS, upon prior application and approval by the City Council of the City of Denton,
the North Texas State Fair association has consistently demonstrated an ability to responsibly
operate the North Texas Fair and Rodeo at 2217 N. Carroll Blvd, 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 past history, the City Council of the City of Denton, finds that
granting a noise exception for the North Texas State Fair and Rodeo 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, North Texas State Fair
Association is hereby granted a three year exception to said section’s amplified sound and hours
of operation provisions subject to the following restrictions:
1.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 North Texas
Fair and Rodeo at 2217 N. Carroll Blvd., on October 16–24, 2020.
2.North Texas State Fair Association 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 North Texas State Fair Association agrees to cease using amplified loudspeakers at
midnight on Monday - Thursday, 1:00 a.m. Friday and Saturday, and 11 :00 p.m. on
Sunday.
4.Under no circumstances shall the North Texas State Fair Association employ the use of
amplified loudspeakers past 12:00 a.m. Monday through Thursday; 1 :00 a.m. on Friday
Saturday, or 1 1 :00 p.m. on Sunday.
5.Under no circumstances shall the North Texas State Fair Association employ the use of
amplified loudspeakers that exceeds 70 dba 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.
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
and shall expire upon the completion of the North Texas Fair and Rodeo on October 16–24,
2020, unless sooner repealed, modified, or rescinded.
The motion to approve this
seconded by Job\r\ ?\N af\
the following vote [5 - X:
Ordinance was made by -JesSe -b>NN ; S and
' This Ordinance was passed and approved by
Aye
34
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Nay Abstain Absent
Mayor Chris Watts:
Gerard Hudspeth, District 1 :
Keely G. Briggs, District 2:
Jesse L. Davis, District 3 :
John Ryan, District 4:
Deb Armintor, At Large Place 5 :I
\/Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the 15 th day of Wa , 2020.
CHRIS WATTS, MAYOR
ATTEST:
ROSARIOS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM: