22-1028ORDINANCE NO. 22-1028
AN ORDINANCE OF THE CITY OF DENTON GRANTING THE NORTH TEXAS STATEFAIR ASSOCIATION A THREE YEAR NOISE EXCEPTION FOR THE NORTH TEXAS
FAIR AND RODEO WHICH WILL BE HELD AUGUST 18-28, 2022, AUGUST 17-27, 2023,AND AUGUST 15-25, 2024, AT 2217 N. CARROLL BOULEVARD; AND PROVIDING ANEFFECTIVE 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 a three-year 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 2217 North Carroll Boulevard, with said request being for the following
dates: August 18-28, 2022, August 17-27, 2023, And August 15-25, 2024; 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 therestrictions 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 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 August 18-28, 2022, August 17-27, 2023, and August 15-202425
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 ofamplified loudspeakers past 12:00 a.m. Monday through Thursday; 1 :00 a.m. on Friday and
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 17-20of 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 Sunday, August 25,
2024, unless sooner repealed, modified, or rescinded.
The motion to approve this Ordinance was made by Bf iM B&k and
seconded by 3ra4\dan CMa MaaC . This Ordinance was passed and approved by
the following vote [] - A:
Aye
b/
Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1:1/
b/
,/
Brian Beck. District 2 :
Jesse Davis, District 3 :
Alison Maguire, District 4:1/’
Brandon Chase McGee, At Large Place 5: P/
Chris Watts, At Large Place 6:,/
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PASSED AND APPROVED this the 7W day of JtA4p , 2022.
/_„//;#GERARD HUDSPETH, MAYOR
ATTEST :
ROSA RIOS, CITY SECRETARY ,\\11111111
b-IU•=
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
"-
BY:
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