22-1818ORDINANCE NO. 22-1818
AN ORDINANCE OF THE CITY OF DENTON GRANTING THE DENTON DAY OF THEDEAD FESTIVAL INC. A NOISE EXCEPTION FOR THE DENTON’S DAY OF THE DEADFESTIVAL ON FRIDAY, OCTOBER 28, 2022, SATURDAY, OCTOBER 29, 2022, ANDSUNDAY, OCTOBER 30, 2022, AT INDUSTRIAL STREET AND HICKORY STREET INDENTON, TEXAS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 17-20 of the Code of Ordinances of the City of Denton, theCity Council may make exceptions upon application for sound levels or hours of operation when thepublic interest will be served thereby; and
WHEREAS, The Denton Day of the Dead Festival Inc. 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 Denton’s Day of the Dead Festival, which will be held on Friday,
October 28, 2022, Saturday, October 29, 2022, and Sunday, October 30, 2022, at Industrial Street and
Hickory Street in Denton, Texas; and
WHEREAS, upon prior application and approval by the City Council of the City of Denton, the
Denton Day of the Dead Festival Inc. has consistently demonstrated an ability to responsibly operatethe Denton’s Day of the Dead Festival, at amplified sound levels restricted in Section 17-20 of the
Code of Ordinances of the City of Denton, 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 that granting a noise exception forthis 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, the Denton Day of the Dead
Festival Inc. is hereby granted an exception to said section’s amplified sound prohibition subject to thefollowing restrictions:
1.This exception to the limitations imposed by Section 17-20 of the Code of Ordinances of theCity of Denton, is granted only in connection with the operation of the Denton’s Day of theDead Festival Industrial Street and Hickory Street in Denton, Texas, on Friday, October 28,2022, from 6 p.m. to 10 p.m., Saturday, October 29, 2022, from 11 a.m. to 9:30 p.m. and
Sunday, October 30, 2022, from 5 p.m. to 7:30 p.m.
2.The Denton Day of the Dead Festival Inc. 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 Day of the Dead Festival Inc. agrees to cease using amplified loudspeakers onFriday, October 28, 2022, at 10 p.m., Saturday, October 29, 2022, at 9:30 p.m. and Sunday,
October 30, 2022, at 7:30 p.m.
4 Under no circumstances shall the Denton Day of the Dead Festival Inc. employ the use of
amplified loudspeakers past 10 p.m. on Friday, October 28, 2022, 9:30 p.m. on Saturday,
October 29, 2022, and 7:30 p.m. on Sunday, October 30, 2022.
5.Under no circumstances shall the Denton Day of the Dead Festival Inc. 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- 20of the Code of Ordinances of the City of Denton. The City of Denton expressly reserves untoitself 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 Denton’s Day of the Dead Festival on Sunday, October30, 2022, at 7:30 p.m., unless sooner repealed, modified, or rescinded.
The motion to approve this Ordinance was
seconded by SO B
following vote U - a made by and
This Ordinance was passed and approved by the
Aye
,/
r
V/
r
r
F
br
Nay Abstain Absent
Mayor Gerard Hudspeth :
Vicki Byrd, District 1 :
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:
Page 2 of 3
PASSED AND APPROVED this the ljb day of , 2022.
4/
Tms+pN
,\\11111111ATTEST:
ROSA RIOS, CITY SECRETARY
--h a //bId
APPROVED AS TO LEGAL FORM:MACK REINWAND, CITY ATTORNEY
Page 3 of 3