22-61122-611ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON GRANTING ASHES SMOKE SHOP, LLC. ANOISE EXCEPTION PURSUANT TO SECTION 17-20 OF THE CITY OF DENTON CODE OFORDINANCES. WITH RESPECT TO SOUND LEVELS AND HOURS OF OPERATION FOR
THE 9TH ANNUAL ASHES 420 FESTIVAL, TO BE HELD ON WEDNESDAY, APRIL 20, 2022FROM 11:00 A.M. TO 11:00 P.M., AT 420 SOUTH CARROLL BOULEVARD IN DENTON,TEXAS; GRANTING AN INCREASE IN SOUND LEVELS AND A VARIANCE IN THEHOURS OF OPERATION ON SAID DATE FOR WEDNESDAY FROM 11:00 A.M. TO 11:00
P.M., WITH SOUND NOT TO EXCEED 75 DECIBELS; AND PROVIDING AN EFFECTIVEDATE
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 Ashes Smoke Shop, LLC. 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 9th Annual Ashes 420 Festival held at 420 South Carroll
Boulevard, with said request being for the following dates: April 20, 2022; and
WHEREAS, upon prior application and approval by the City Council of the City of Denton,
the Ashes Smoke Shop, LLC. has consistently demonstrated an ability to responsibly operate the 9th
Annual Ashes 420 Festival at 420 South Carroll Boulevard, 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, the City Council of the City of Denton, finds granting a noise exception for this
event, subject to the restrictions contained herein, would serve the public interest; NOWTHEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS :
SECTION 1. Pursuant to Section 17-20 of the Code of Ordinances, Ashes Smoke Shop, LLC.
is hereby granted an exception to said section's amplified sound prohibition subject to the following
restrlctrons :
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 9th Annual Ashes 420
Festival at 420 South Carroll Boulevard for the following dates: April 20, 2022.
2.Ashes Smoke Shop, LLC. 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 Ashes Smoke Shop, LLC. agrees to cease using amplified loudspeakers on Wednesday, April
20, 2022, at 1 1 :00 p.m.
4.
5.
Under no circumstances shall the Ashes Smoke Shop, LLC. employ the use of amplified
loudspeakers past 11 :00 p.m. on Wednesday, April 20, 2022.
Under no circumstances shall Ashes Smoke Shop, LLC. employ the use of amplified
loudspeakers that exceeds 75 dba for an outdoor event when measured from the perimeter ofthe 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 noreason
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 9th Annual Ashes 420 Festival on Wednesday,
April 20, 2022, unless sooner repealed, modified, or rescinded.
The motion to approve this Ordinance was made by Tesse bNtS and
This Ordinance was passed and approved byAbUt rebseconded by n
the following vote
Aye,/
P’
1/
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P/
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Nay Abstain Absent
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:
PASSED AND APPROVED this the 5’+h d'y 'f Jpl 2022
SPETH. MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY t\\\!! I \LI 1If
aHppL bef=
APPROVED AS TO LEGAL FORM:MACK REINWAND, CITY ATTORNEY
BY: