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22-1813ORDiNANCE NO. 22-1813 AN ORDINANCE OF THE CITY OF DENTON GRANTING A NOISE EXCEPTION FORTHE GEEZERPALOOZA EVENT WHICH WILL BE HELD ON SATURDAY, OCTOBER 22,2022, AND SUNDAY, OCTOBER 23, 2022, AT INDUSTRIAL STREET BETWEENHICKORY STREET AND MULBERRY STREET; 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, Scott Campbell 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 Geezerpalooza event, which will be held on Saturday, October 22, 2022, from from 12:00 p.m. to 10:00 p.m. and Sunday, October 23, 2022, from 1:00 p.m. to 8:00 p.m., at Industrial Street between Hickory and Mulberry Street in Denton, Texas; and WHEREAS, upon prior application and approval by the City Council of the City of Denton, Scott Campbell has consistently demonstrated an ability to responsibly operate the Geezerpalooza event, 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 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 Geezerpalooza is granted an exception to said section's amplified sound prohibition subject to the followingrestrictions : 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 Geezerpalooza event at Industrial Street between Hickory and Mulberry Street in Denton, Texas, on Sunday, October 23, 2022, from 1 :00 p.m. to 8:00 p.m. 2.Scott Campbell 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 Scott Campbell agrees to cease using amplified loudspeakers on Sunday, October 23, 2022, at 8:00 p.m. 4. 5. Under no circumstances shall Scott Campbell employ the use of amplified loudspeakers past 8:00 p.m. on Sunday, October 23, 2022. Under no circumstances shall Scott Campbell. 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 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, relatingto 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 Geezerpalooza on Sunday, October 23, 2022, at 8:00 p.m., unless sooner repealed, modified, or rescinded. 13rfc\r\ Era<andThe motion to approve this Ordinance was made by all the This Ordinance was passed and approved by,ut rseconded by the following vote Ll - U Aye V V V/ Nay Abstain Absent Mayor Gerard Hudspeth : Vicki Byrd, District 1 : Brian Beck, District 2 : Jesse Davis. District 3 :/ Vā€™ ,/ /ā€™ Alison Maguire, District 4: Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: Page 2 of 3 P JrEpIIL S S E 1D} Jr!IIIL ]N][ ]:) I!IepI\L P PROVED this the Jb day of Bb@L92022 n GERARD HLBgPIN ROSA RIOS, CITY SECRETARY ā€ž...-ā€“ ATTEST L\\\t 111111 TpHIS +aFennban APPROVED AS TO LEGAL FORM:MACK REINWAND, CITY ATTORNEY Page 3 of 3