21-1755ORDINANCE NO. 21-1755
AN ORDINANCE OF THE CITY OF DENTON GRANTING THE DENTON FESTIVAL
FOUNDATION, INC. A NOISE EXCEPTION PURSUANT TO SECTION 17-20 OF THE
CITY OF DENTON CODE OF ORDINANCES FOR THE DENTON ARTS AND JAZZ
FESTIVAL, WHICH WILL BE HELD ON FRIDAY, OCTOBER 1, 2021 FROM 3:00 P.M. TO
MIDNIGHT, SATURDAY, OCTOBER 2, 2021, FROM 10:00 P.M. TO MIDNIGHT, AND
SUNDAY, OCTOBER 3, 2021, FROM 11:00 A.M. TO 11:00 P.M., AT QUAKERTOWN PARK
IN DENTON, TEXAS; GRANTING AN EXCEPTION FOR SOUND LEVELS EXCEEDING
SEVENTY (70) DECIBELS AND A VARIANCE IN THE HOURS OF OPERATION ON SAID
DATE; 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 Festival Foundation has made an application to the City Council
for an exception to Section 17-20 of the Code of Ordinances regarding sound levels and hours of
operation, in connection with the Denton Arts and Jazz Festival to be held at Quakertown Park in
Denton, Texas, on Friday, October 1, Saturday, October 2, and Sunday, October 3, 2021; and
WHEREAS, upon prior application and approval by the City Council of the City of Denton,
The Denton Festival Foundation has consistently demonstrated an ability to responsibly operate
the Denton Arts and Jazz 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 Festival
Foundation is hereby granted an exception to said section's amplified sound prohibition 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 Denton Arts
and Jazz Festival at Quakertown Park in Denton, Texas, on Friday, October 1, Saturday,
October 2, and Sunday, October 3, 2021.
2. The Denton Festival Foundation 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 The Denton Festival Foundation agrees to cease using amplified loudspeakers on Sunday,
October 3, 2021 at 11:00 p.m.
4. Under no circumstances shall the Denton Festival Foundation employ the use of amplified
loudspeakers past 11:00 p.m. on Sunday, October 3, 2021.
5. Under no circumstances shall the Denton Festival Foundation employ the use of amplified
loudspeakers that exceeds 75 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 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 Denton Arts and Jazz Festival on Sunday, October
3, 2021, unless sooner repealed, modified, or rescinded.
The motion to approve this Ordinance was made by '-,-Te5s e _ and
seconded by " ;C' n `?�eC l� . This Ordinance was passed and approved by
the following vote L-1 - O]:
Mayor Gerard Hudspeth:
Viki Byrd, District 1:
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:
Aye Nay
I/
J
J
Abstain Absent
PASSED AND APPROVED this the k ut' day of 1pe� , 2021.
GERARD HUDSPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM: !r'r ��1011111 N�
CATHERINE CLIFTON, INTERIM CITY ATTORNEY
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