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23-1463ORDINANCE NO. 23-1463 AN ORDINANCE OF THE CITY OF DENTON GRANTING DENTON PARKS FOUNDATION,A THREE-YEAR NOISE EXCEPTION FOR THE DOG DAYS OF DENTON EVENTS TO BEHELD ON SATURDAY. SEPTEMBER 9, 2023, SATURDAY, SEPTEMBER 7, 2024, ANDSATURDAY, SEPTEMBER 6, 2025, FROM 9 A.M. TO 3 P.M., AT QUAKERTOWN PARK ANDTHE CIVIC CENTER POOL; AND PROVIDING AN EFFECTIVE 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, Denton Parks Foundation 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 Dog Days of Denton event held at Quakertown Park andthe Civic Center Pool, with said request being for the following dates: Saturday, September 9, 2023, Saturday, September 7, 2024, and Saturday, September 6, 2025, from 9 a.m. to 3 p.m.; and WHEREAS, Denton Parks Foundation has consistently demonstrated an ability to responsibly operate the Dog Days of Denton event at Quakertown Park and Civic Center Pool 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 an event such as the Dog Days Of Denton, subject to the restrictionscontained herein, would serve the public 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. Denton Parks Foundation is hereby granted an exception to said section's amplified sound prohibition subject to the followingrestrlctlons: 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 Dog Days of Dentonevent at Quakertown Park and Civic Center Pool for the following dates: Saturday, September 9, 2023, Saturday, September 7, 2024, and Saturday, September 6, 2025, from 9 a.m. to 3 p.m. 2. Denton Parks Foundation 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. Denton Parks Foundation agrees to cease using amplified loudspeakers on Saturday, September 9, 2023, Saturday, September 7, 2024, and Saturday, September 6, 2025, at 3 p.m. 4. Under no circumstances shall the Denton Parks Foundation employ the use of amplified loudspeakers past 3 p.m. on Saturday, September 9, 2023, Saturday, September 7, 2024, andSaturday, September 6, 2025 . 5. Under no circumstances shall Denton Parks Foundation 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 Dog Days of Denton on Saturday, September 9, 2023, Saturday, September 7, 2024, and Saturday, September 6, 2025, unless sooner repealed, modified,or rescinded. The motion to approve this Ordinance was made by art A..., Beck and „„„d,d by %.I Hcl+n/ . Thi, O,di„,„„ w„ p„„d ,„d ,pp„„,d by the following vote U - a] : Aye Nay Abstain Absent Mayor Gerard Hudspeth:/-L –a–– V ,/ ,/ / Vicki Byrd, District 1 : Brian Beck, District 2 : Paul Meltzer, District 3 : Joe Holland, District 4: Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: Page 2 of 3 PASSFr) ANn APPRnVFr)tt,i, th, 15t'~ d,v .f Av<bsl . 2023. £-//&’-– GERARD HUDSPETH, MAYOR ATTEST:JESUS SALAZAR. CITY SECRETARY qS \ : t: 1 1 C)If;//I APPROVED AS TO LEGAL FORM:MACK REINWAND CITY ATrORNEY UteUH-/-:\, BY: Page 3 of 3