22-1485ORDiNANCE NO. 22-1485
AN ORDINANCE OF THE CITY OF DENTON GRANTING THE DENTON MArN STREET
ASSOCLATION A NOISE EXCEPTION FOR THE FALL TWILIGHT TUNES SERIES,
WHICH WILL BE HELD ON THURSDAY, OCTOBER 6, OCTOBER 13, OCTOBER 20 ANDOCTOBER 27. 2022. FROM 6:00 P.M. TO 7:30 P.M. AT WOLFF’S PARK - 108 INDUSTRIALSTREET; 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 Main Street Association 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 Fall Twilight Tunes Series to be held at Wolff s Park
in Denton, Texas, on Thursday, October 6, October 13, October 20, and October 27, 2022, from
6:00 p.m. to 7:30 p.m.; and
WHEREAS, 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; NOWTHEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAIN S:
SECTION 1. Pursuant to Section 17-20 of the Code of Ordinances, the Denton Main Street
Association 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 Fall Twilight
Tunes Series at Wolff s Park in Denton, Texas, on Thursday, October 6, October 13,
October 20 and October 27, 2022, from 6:00 p.m. to 7:30 p.m.
2.The Denton Main Street 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 The Denton Main Street Association agrees to cease using amplified loudspeakers on
Thursday, October 6, October 13, October 20, and October 27, 2022, from 6:00 p.m. to
7:30 p.m
4 Under no circumstances shall the Denton Main Street Association employ the use of
amplified loudspeakers past 7:30 p.m. on Thursday, October 6, October 13, October 20and October 27, 2022.
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 Fall Twilight Tunes Series on Thursday, October
27, 2022, unless sooner repealed, modified, or rescinded.
In andThe motion to approve this Ordinance was made by 3:aseconded by A \ {so A This Ordinance was passed and approved bythe following vote U - A :
Aye
V/
Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :\/
b/’
b/
y’
/
V/
Brian Beck, District 2 :
Jesse Davis, District 3 :
Alison Maguire, District 4:
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:
PASSED AND APPROVED thi, th, T d,y ,fE, 2022.
GERARD HUDSPETH, MAYOR
ATTEST:ROSA RIOS, CITY SECRETARY t\\\\11111111
APPROVED AS TO LEGAL FORM:MACK RErNWAND. CITY ATTORNEY
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BY: