21-1618ORDINANCE NO. 21-1618
AN ORDINANCE OF THE CITY OF DENTON GRANTING THE DENTON BLACK
CHAMBER OF COMMERCE A NOISE 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 DENTON BLUES FESTIVAL, WHICH WILL BE
HELD ON FRIDAY, SEPTEMBER 17, 2021 FROM 8:00 A.M. TO 8:00 P.M., SATURDAY,
SEPTEMBER 18, 2021 FROM 12:00 P.M. TO 11:00 P.M., AND SUNDAY, SEPTEMBER 19,
2021 FROM 10:00 A.M. TO 9:00 P.M., AT THE QUAKERTOWN PARK; GRANTING AN
INCREASE IN SOUND LEVELS AND A VARIANCE IN THE HOURS OF OPERATION ON
SAID DATES FOR FRIDAY FROM 8:00 A.M. TO 8:00 P.M., SATURDAY FROM 12:00 P.M.
TO 11:00 P.M., AND SUNDAY FROM 10:00 A.M. TO 9:00 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 Denton Black Chamber of Commerce has made an application to the City
Council for an exception to the provision of Section 17-20 of the Code of Ordinances regarding
sound levels and hours of operation, in connection with the Denton Blues Festival annual event
held at Quakertown Park, with said request being for the following dates: September 17 — 19,
2021; and
WHEREAS, upon prior application and approval by the City Council of the City of Denton,
the Denton Black Chamber of Commerce has consistently demonstrated an ability to responsibly
operate the Denton Blues Festival at Quakertown Park, 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 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, the Denton Black
Chamber of Commerce 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 Blues
Festival at the Quakertown Park for the following dates: September 17 — 19, 2021,
2. The Denton Black Chamber of Commerce 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.
The Denton Black Chamber of Commerce agrees to cease using amplified loudspeakers on
Friday, September 17, 2021 at 8:00 p.m., Saturday, September 18, 2021 at 11:00 p.m., and
Sunday, September 19, 2021, at 9:00 p.m.
4. Under no circumstances shall the Denton Black Chamber of Commerce employ the use of
amplified loudspeakers past 8:00 p.m. on Friday, September 17, and 11:00 p.m. on Saturday,
September 18, and 9.00 p.m. on Sunday, September 19, 2021.
5. Under no circumstances shall the Denton Black Chamber of Commerce employ the use of
amplified loudspeakers that exceeds 70 dba for an outdoor event 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 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 be effective immediately upon its passage and
approval and shall expire upon the completion of the Denton Blues Festival on Sunday,
September 19, 2021, unless sooner repealed, modified, or rescinded.
The motion to aignirove this Ordinance was made by ?�\; �; (\ Masi u, C e_ and
seconded by 11 C-iL y C� . This Ordinance was passe and approved by
the following vote [ - _L�]:
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District l:
Brian Beck, District 2:
Jesse L. Davis, District 3:
Alison Maguire, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the day of P 10�j 2021.
GERARD HUDSPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
CATHERINE CLIFTON, INTERIM CITY ATTORNEY
BY: