23-1902ORDINANCE NO. a3. ISO k
AN ORDINANCE OF THE CITY OF DENTON GRANTING THE DENTON DAY OF THE
DEAD FESTIVAL INC. A THREE-YEAR NOISE EXCEPTION FOR THE DENTON’S DAY
OF THE DEAD FESTIVAL AND CIRQUE DE HORROR REIUARSALS, ON OCTOBER 23-
29, 2023, OCTOBER 21-27, 2024, AND OCTOBER 20-26, 2025, MONDAY THROUGH
THURSDAY FROM 7:00 P.M. TO 11 :00 P.M.. FRIDAY FROM 8:00 P.M. TO 10:00 P.M..
SATURDAY FROM 11:00 A.M. TO 11 :00 P.M. AND SUNDAY FROM 5:00 P.M. TO 7:30
P.M. AT INDUSTRIAL STREET AND HICKORY STREET IN DENTON. TEXAS; 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, The Denton Day of the Dead Festival Inc. has made an application to the City
Council for an exception to Section 17-20 of the Code of Ordinances regarding sound levels aId
hours of operation, in connection with the Denton’s Day of the Dead Festival, which will be held
on October 23-29, 2023, October 21-27, 2024, and October 20-26, 2025, Monday through
Thursday from 7:00 p.In to 1 1 :00 p.m., Friday from 8:00 p.m to 10:00 p.m, Saturday from 11 :00
a.m. to 11 :00 p.m. and Sunday from 5:00 p.m to 7:30 p.In at Industrial Street and Hickory SUed
in Denton, Texas; and
WHEREAS, upon prior application and approval by the City Council of the City of Denton,
the Denton Day of the Dead Festival Inc. has consistently demonstrated an ability to responsibly
operate the Denton’s Day of the Dead Festival, 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; NOW
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Pursuant to Section 17-20 of the Code of Ordinances, the Denton Day of the
Dead Festival Inc. is hereby granted an exception to said section's amplified sound prohR)ition
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’s Day
of the Dead Festival Industrial Street and Hickory Street in Denton, Texas, on October 23-
29, 2023, October 21-27, 2024, and October 20-26, 2025, Monday through Thursday from
7:00 p.m. to 1 1 :00 p.m., Friday from 8:00 p.m. to 10:00 p.m., Saturday from 11 :00 a.m. to
11 :00 p.m. and Sunday from 5:00 p.m. to 7:30 p.m. , Monday through Thursday from 7:00
p.m. to 1 1 :00 p.m., Friday from 8:00 p.m. to 10:00 p.m, Saturday from 11 :00 a.m. to 1 1 :00
p.m. and Sunday from 5:00 p.m. to 7:30 p.m.
2. The Denton Day of the Dead Festival Inc. 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. The Denton Day of the Dead Festival Inc. agrees to cease using amplified loudspeakers on
Monday through Thursday at 11:00 p.m., Friday at 10:00 p.m., Saturday at 11 p.m., aId
Sunday at 7:30 p.m
4. Under no circumstances shall the Denton Day of the Dead Festival Inc. employ the use of
amplified loudspeakers past 1 1 :00 p.m. on Monday thrargh Thursday, 10:00 p.In on Flaw,
11 :00 p.m on Saturday, and 7:30 p.m. on Sunday.
5. Under no circumstances shall the Denton Day of the Dead Festival Inc. 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 ofthe City of Denton. The City ofDenton 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’s Day of the Dead Festival on Sunday,
October 26, 2025, at 7:30 p.m., unless sooner repealed, modified, or rescinded.
The motion to approve this Ordinance was made by 13,,AJ,A QL,+, flcba and
seconded by v( chi Byr J . This Ordinance was passed and approved
by the following vote L--L-' L) 1.
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Aye
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Nay Abstain Absent
Gerard Hudspeth, Mayor:
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:
PASSED AND APPROVED thI, th, 17 ?'~ d,y ,f C)C+,L'r _, 2023.
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ATTEST :
JESUS SALAZAR, CITY SECRETARY b\\11111111/
BY:
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
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BY:
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