23-1908ORDINANCE NO. 23-1908
AN ORDINANCE OF THE CITY OF DENTON GRANTING A NOISE EXCEPTION FOR
THE DENTONPALOOZA 3 EVENT WHICH WILL BE HELD ON SATURDAY, OCTOBER
28, 2023 AT RUBBER GLOVES REHEARSAL STUDIO; AND PROVIDING AN EFFECTrvE
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, Joey Liechty has made an application to the 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 Dentonpalooza 3 event, which will be held on Saturday, October 28, 2023,
from 4:00 p.m. to 1 :30 a.m. on Sunday, October 29, 2023 at Rubber Gloves Rehearsal Studio in
Denton, Texas; and
WHEREAS, upon prior application and approval by the City Council of the City of Denton,
Joey Liechty has consistently demonstrated an ability to responsibly operate the Dentonpalooza 3
event, 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 Dentonpalooza 3 is
granted an exception to said section’s amplified sound prohibition subject to the following
restrrctlons :
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 Dentonpalooza
3 event at Rubber Gloves Rehearsal Studio in Denton, Texas, on Saturday, October 28,
2023, from 4:00 p.m. to 1 :30 a.m. on Sunday, October 29, 2023
2.Joey Liechty 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 Joey Liechty agrees to cease using amplified loudspeakers on Sunday, October 29, 2023
at 1 :30 a.m.
4 Under no circumstances shall Joey Liechty employ the use of amplified loudspeakers past
8:00 p.m. on Sunday, October 29, 2023.
5.Under no circumstances shall Joey Liechty. employ the use of amplified loudspeakers that
exceeds 70 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 Dentonpalooza 3 on Sunday, October 28, 2023, at
1 :30 a.m., unless sooner repealed, modified, or rescinded.
The motion to approve this Ordinance was made by Bri A-, Beck
„„„d,dby LZ,hi B7f J . Thi, O,di„,„„ w„p„„d,„d ,pp„,,dby
the following vote
Aye
7
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,/
,/
I
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Nay Abstain Absent
Mayor Gerard Hudspeth:
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:
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Oc+aberday of 2023
.417/=*b
JESUS SALAZAR, CITY SECRETARY
By
MACK REINWAND, CITY ATTORNEY
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