22-1488ORDINANCE NO. 22-1488
AN ORDINANCE OF THE CITY OF DENTON GRANTING THE DENTON BLACK
CHAMBER OF COMMERCE A THREE-YEAR NOISE EXCEPTION PURSUANT TO
SECTION 17-20 OF THE CITY OF DENTON CODE OF ORDINANCES FOR THE DENTON
BLUES FESTIVAL, WHICH WILL BE HELD ON SEPTEMBER 16-18, 2022, SEPTEMBER 15-
17, 2023, AND SEPTEMBER 20-22, 2024, AT QUAKERTOWN PARK; GRANTING ANEXCEPTION FOR SOUND LEVELS AND A VARIANCE IN THE HOURS OF OPERATION
ON SAID DATES; 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 Blues Festival annual event held at
Quakertown Park, with said request being for the following dates: September 16-18, 2022,
September 15-17, 2023, and September 20-22, 2024; 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, 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, Denton Black Chamber
of Commerce 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 Blues Festival
at Quakertown Park for the following dates: September 16-18, 2022, September 15-17, 2023 ,
and September 20-22, 2024.
2.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.
3 Denton Black Chamber of Commerce agrees to cease using amplified loudspeakers on Friday
at 8:00 p.m., Saturday at 11 :00 p.m., and Sunday 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, 11:00 p.m. on Saturday, and 9:00 p.m. on
Sunday.
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 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 anyperson
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 22,
2024, unless sooner repealed, modified, or rescinded.
The motion to approve this Ordinance was made by ( bessen DM)is
seconded by BrtcUI Beal . This Ordinance was passed and approved bythe following vote [J - a :
Aye
,/
Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :/
L/Brian Beck. District 2 :
Jesse Davis, District 3 :V/
Alison Maguire, District 4:y/
,/
,/
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:
PASSED AND APPROVED this the day of 2022
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GERARD H ;DSPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY ,\\1111111
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APPROVED AS TO LEGAL FORM:MACK REINWAND. CITY ATTORNEY
BY:
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