23-463ORDINANCE NO. 23-463
AN ORD[NANCE OF THE CITY OF DENTON GRANTING ASHES SMOKE SHOP, LLC, ATHREE-YEAR NOISE EXCEPTION FOR THE ANNUAL ASHES 420 FESTIVALS ONTHURSDAY, APRIL 20, 2023, SATURDAY, APRIL 20, 2024, AND SUNDAY, APRIL 20, 2025,FROM 11 A.M. TO 11 P.M., AT 420 S. CARROLL BOULEVARD; AND PROVIDING ANEFFECTIVE 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 Ashes Smoke Shop, LLC. 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 the Annual Ashes 420 Festival held at 420 South Carroll
Boulevard, with said request being for the following dates: Thursday, April 20, 2023, Saturday, April
20, 2024, and Sunday, April 20, 2025; and
WHEREAS, upon prior application and approval by the City Council of the City of Denton,
the Ashes Smoke Shop, LLC. has consistently demonstrated an ability to responsibly operate the
Annual Ashes 420 Festival at 420 South Carroll Boulevard, 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, Ashes Smoke Shop, LLC.
is hereby granted an exception to said section’s amplified sound prohibition subject to the followingrestrrctrons :
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 Annual Ashes 420
Festivals at 420 South Carroll Boulevard for the following dates: Thursday, April 20, 2023,
Saturday, April 20, 2024, and Sunday, April 20, 2025 .
2. Ashes Smoke Shop, LLC. 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. Ashes Smoke Shop, LLC. agrees to cease using amplified loudspeakers on Thursday, April
20, 2023, Saturday, April 20, 2024, and Sunday, April 20, 2025, at 1 1 :00 p.m.
4. Under no circumstances shall the Ashes Smoke Shop, LLC. employ the use of amplified
loudspeakers past 1 1 :00 p.m. on Thursday, April 20, 2023, Saturday, April 20, 2024, andSunday, April 20, 2025 .
5. Under no circumstances shall Ashes Smoke Shop, LLC. 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 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 any
person
SECTION 2. This Ordinance shall be effective immediately upon its passage and approval
and shall expire upon the completion of the Annual Ashes 420 Festivals on Thursday, April 20,
2023, Saturday, April 20, 2024, and Sunday, April 20, 2025, unless sooner repealed, modified, or
rescinded
The motion to approve this Ordinance was made by Br , AN EcG )( and
seconded by B,-„~ J D.A cUL st h, C;rc . This Ordinance was passed and approved by
the following vote L6 - A:
Aye,/
7
b/
'/
Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck, District 2 :
Jesse Davis, District 3 :
VACANT, District 4:
Brandon Chase McGee, At Large Place 5 :,/aChris Watts, At Large Place 6:
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PASSED AND APPROVED this the HI" day,f B ff; I . 2023.
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ATTEST:\\\\ I t IkILl if
@puty City Secretary
APPROVED AS TO LEGAL FORM:MACK RErNWAND CITY ATrORNEY
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BY:
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