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24-664ORDINANCE NO. 24-664 AN ORDINANCE OF THE CITY OF DENTON GRANTING THE DENTON MAIN STREET ASSOCLATION A NOISE EXCEPTION FOR THE TWILIGHT TUNES SERiES, WHICH WILL BE HELD ON THURSDAY, MAY 2, MAY 9, MAY 16, MAY 23, MAY 30, JUNE 6, JUNE 13, JUNE 20 AND FRIDAY, JUNE 21, 2024 FROM 6:00 P.M. TO 8:00 P.M. ON THE COURTHOUSE LAWN - 110 W HICKORY STREET; 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 Main Street Association 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 Twilight Tunes Series to be held at Wolff s Park in Denton, Texas, on Thursday, May 2, May 9, May 16, May 23, May 30, June 6, June 13, June 20 and Friday, June 21, 2024, from 6:00 p.m. to 8:00 p.m.; 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 Main Street Association 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 the City of Denton, is granted only in connection with the operation of the Twilight Tunes Series on the Courthouse Lawn, on Thursday, May 2, May 9, May 16, May 23, May 30, June 6, June 13, June 20 and Friday, June 21, 2024, from 6:00 p.m. to 8:00 p.m. 2.The Denton Main Street Association 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. The Denton Main Street Association agrees to cease using amplified loudspeakers on Thursday, May 2, May 9, May 16, May 23, May 30, June 6, June 13, June 20 and Friday, June 21, 2024, from 6:00 p.m. to 8:00 p.m. 3 4 Under no circumstances shall the Denton Main Street Association employ the use of amplified loudspeakers past 8:00 p.m. on Thursday, May 2, May 9, May 16, May 23, May 30, June 6, June 13, June 20 and Friday, June 21, 2024. ; Ordinance was 5.Under no circumstances shall the Denton Main Street Association 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 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 Twilight Tunes Series on Friday, June 21, 2024, at 8:00 p.m., unless sooner repealed, modified, or rescinded. The motion to approve thi secondedby CUr; i LoG tIl the following vote U - L : made by BfI,_ B,LIL and . This Ordinance was passed and approved by Aye =/ ,Z ./ L/ U/ ,/’‘ P/ 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: Page 2 of 3 PASSED AND APPROVED thI, th, I d,y ,f QJ . 2024. amimmrRA–YaR ATTEST: LAUREN THODEN, CITY SECRETARY cAM„L _d +,,d,& APPROVED AS TO LEGAL FORM: MACK REINWAND. CITY ATTORNEY '- BY: Page 3 of 3