23-709ORDINANCE NO. 23-709
AN ORDINANCE OF THE CITY OF DENTON GRANTING DENTON CINCO DE MAYO, ATHREE-YEAR NOISE EXCEPTION FOR THE CINCO DE MAYO CELEBRATIONS ONSATURDAY, MAY 13, 2023, SUNDAY, MAY 5, 2024, AND SUNDAY, MAY 4, 2025, FROM11 A.M. TO 10 P.M., AT QUAKERTOWN PARK; 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 the
public interest will be served thereby; and
WHEREAS, the Denton Cinco de Mayo Committee 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 Cinco de Mayo Celebrations held atQuakertown Park, with said request being for the following dates: Saturday, May 6, 2023, Saturday,
May 4, 2024, and Saturday, May 3, 2025; and
WHEREAS, upon prior application and approval by the City Council of the City of Denton,
the Cinco de Mayo Committee. has consistently demonstrated an ability to responsibly operate the
Cinco de Mayo Celebration at Quakertown Park, 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 thepublic interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAIN S :
SECTION 1. Pursuant to Section 17-20 of the Code of Ordinances, the Cinco de Mayo
Committee 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 theCity of Denton, is granted only in connection with the operation of the Cinco de MayoCelebrations at Quakertown Park for the following dates: Saturday, May 6, 2023, Saturday,May 4, 2024, and Saturday, May 3, 2025 .
2. Cinco de Mayo Committee 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. Cinco de Mayo Committee agrees to cease using amplified loudspeakers on Saturday, May
6, 2023, Saturday, May 4, 2024, and Saturday, May 3, 2025, at 10 p.m.
4. Under no circumstances shall the Cinco de Mayo Committee. employ the use of amplified
loudspeakers past 10:00 p.m. on Saturday, May 6, 2023, Saturday, May 4, 2024, andSaturday, May 3, 2025 .
5. Under no circumstances shall the Cinco de Mayo Committee 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 toexcessive 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 anyperson
SECTION 2. This Ordinance shall be effective immediately upon its passage and approval
and shall expire upon the completion of the Cinco de Mayo Celebration on Saturday, May 6,
2023, Saturday, May 4, 2024, and Saturday, May 3, 2025, unless sooner repealed, modified, orrescinded.
The motion to approve this ordinance was made by Jhes_bL_ and
seconded by J e5Sc nAV~’S . This ordinance was passed and approved by
the following vote [X - L :
Aye
.,,/
Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck, District 2 :,/
L//Jesse Davis, District 3 :
VACANT, District 4:
Brandon Chase McGee, At Large Place 5 :\/\/Chris Watts, At Large Place 6:
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PASSED AND APPROVED this the / Bt“ d,y ,f Ae„'\_, 2023.
GERARD HUDSPETH, MAYOR
ATTEST:JESUS SA CITY SECRETARY
APPROVED AS TO LEGAL FORM:MACK REINWAND CITY ATTORNEY
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BY:
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