21-1756ORDINANCE NO. 21-1756
AN ORDINANCE OF THE CITY OF DENTON GRANTING CHECKERED FLAG
PROMOTIONS A NOISE EXCEPTION PURSUANT TO SECTION 17-20 OF THE CITY OF
DENTON CODE OF ORDINANCES, WITH RESPECT TO SOUND LEVELS FOR THE NO
LIMITS MONSTER TRUCK SHOW, WHICH WILL BE HELD ON SATURDAY, OCTOBER
16, 2021 FROM 1:00 P.M. TO 3:00 P.M., AND 7:00 P.M. TO 9:45 P.M., AT THE NORTH TEXAS
FAIR GROUNDS; GRANTING AN INCREASE IN SOUND LEVELS ON SAID DATES FOR
SATURDAY FROM 1:00 P.M. TO 3:00 P.M., AND 7:00 P.M. TO 9:45 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, Checkered Flag Promotions 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, in
connection with No Limits Monster Truck Show held at the North Texas Fair Grounds, with said
request being for Saturday, October 16, 2021; and
WHEREAS, upon prior application and approval by the City Council of the City of Denton,
Checkered Flag Promotions has consistently demonstrated an ability to responsibly operate the No
Limits Monster Truck Show at the North Texas Fair Grounds, 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, Checkered Flag
Promotions is hereby granted an exception to the 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 No Limits Monster Truck
Show at the North Texas Fair Grounds for Saturday, October 16, 2021.
2. Checkered Flag Promotions agrees to take full responsibility for ensuring 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.
Checkered Flag Promotions agrees to cease using amplified loudspeakers on Saturday,
October 16, 2021 at 9:45 p.m.
4. Under no circumstances shall the Checkered Flag Promotions employ the use of amplified
loudspeakers past 9:45 p.m. on Saturday, October 16, 2021.
Under no circumstances shall the Checkered Flag Promotions 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 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 No Limits Monster Truck Show on Saturday,
October 16, 2021, unless sooner repealed, modified, or rescinded.
The motion to approve this Ordinance was made by ., ; C.: -N _. e and
seconded by iy1 ��'I + ); f �. This Ordinance was passed and approved by
the following vote
Abstain Absent
PASSED AND APPROVED this the 2 'b day of 20210
GERARD HCEISPETH, MAYOR
Aye Nay
Mayor Gerard Hudspeth:
V/
Viki Byrd, District 1:
.1
Brian Beck, District 2:
Jesse L. Davis, District 3:
✓
Alison Maguire, District 4:
✓
Deb Armintor, At Large Place S:
✓
Paul Meltzer, At Large Place 6:
Abstain Absent
PASSED AND APPROVED this the 2 'b day of 20210
GERARD HCEISPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY ;'0 o { DE o10�i
/
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APPROVED AS TO LEGAL FORM:
CATHERINE CLIFTON, INTERIM CITY ATTORNEY
BY: