22-2235ORDrNANCE NO. 22-2235
AN ORDINANCE OF THE CITY OF DENTON GRANTING THE DENTON HOLIDAYLIGHTING FESTIVAL ASSOCLATION, A NOISE EXCEPTION FOR THE DENTON
HOLIDAY LIGHTING ON FRIDAY, DECEMBER 2, 2022, FROM 6 P.M. TO 9 P.M., AT THEDOWNTOWN SQUARE AND SURROUNDING STREETS; AND PROVIDING ANEFFECTIVE 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 the
public interest will be served thereby; and
WHEREAS, The Denton Holiday Lighting Festival Association has made an application tothe 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 Holiday Lighting, which will be held on
Friday, December 2, 2022, from 6 p.m. to 9 p.m., at the Downtown Square in Denton, Texas; and
WHEREAS, the Denton Holiday Lighting Festival serves to provide a free family-friendly
community event to kick-off the City’s holiday shopping season with the support of local merchants
and the Denton Main Street Association; 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 ORDAINS:
SECTION 1. Pursuant to Section 17-20 of the Code of Ordinances, the Denton Holiday
Lighting Festival 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 Denton Holiday
Lighting at the Downtown Square in Denton, Texas, on Friday, December 2, 2022, from 6
p.m. to 9 p.m.
2.The Denton Holiday Lighting Festival 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 theevent
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The Denton Holiday Lighting Festival Association agrees to cease using amplified
loudspeakers on Friday, December 2, 2022, at 9:00 p.m.
Under no circumstances shall the Denton Holiday Lighting Festival Association employ the
use of amplified loudspeakers past 9 p.m. on Friday, December 2, 2022.
5.Under no circumstances shall the Denton Holiday Lighting Festival Association 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 Denton Holiday Lighting Festival on Friday,
December 2, 2022, at 9:00 p.m., unless sooner repealed, modified, or rescinded.
The motion to approve this Ordinance was made by e>eton b:ck and
seconded by Jesse Cm-L s . This Ordinance was passed and approved by thefollowing vote n- a :
Aye
b/
b//
r
b/
V/
Z
/
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:
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PASSED AND APPROVED this the IS+b d,y,f N'Ovtrn by r , 2022.
-GERARD HUDSPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY A\\It IIIIIII
BY:
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APPROVED AS TO LEGAL FORM:
MACK RErNWAND. CITY ATTORNEY
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