24-663ORDINANCE NO. 24-663
AN ORDINANCE OF THE CITY OF DENTON GRANTING A NOISE EXCEPTION FOR
FRY STREET ENTERTAINMENT DISTRICT AND MERCHANTS ASSOCIATION’S FRY
STREET FAIR EVENT WHICH WILL BE HELD ON SATURDAY, APRIL 27, 2024 AND
SUNDAY, APRIL 28, 2024 AT 109 AVENUE A; 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, Fry Street Entertainment District and Merchants 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 Fry Street Entertainment
District and Merchants Association’s Fry Street Fair event, which will be held on Saturday, April
27, 2024 from 2:00 p.m. to 10:00 p.m., and Sunday, April 28, 2024, from 2:00 p.m. to 10:00 p.m.
at Norman Roscoe in Denton, Texas; 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 ORDAIN S :
SECTION 1. Pursuant to Section 17-20 of the Code of Ordinances, Fry Street
Entertainment District and Merchants Association’s Fry Street Fair event is 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 Fry Street Fair
event at 109 Avenue A in Denton, Texas, on Saturday, April 27, 2024, from 2:00 p.m. to
10:00 p.m., and Sunday, April 28, 2024, from 2:00 p.m. to 10:00 p.m.
2.Fry Street Entertainment District and Merchants 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.
3
4.
Fry Street Entertainment District and Merchants Association agrees to cease using
amplified loudspeakers on Sunday, April 28, 2024 at 10:00 p.m.
Under no circumstances shall Fry Street Entertainment District and Merchants Association
employ the use of amplified loudspeakers past 10:00 p.m. on Saturday, April 27, 2024 or
past 10:00 p.m. on Sunday, April 28, 2024.
5 Under no circumstances shall Fry Street Entertainment District and Merchants Association
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 Fry Street Entertainment District and Merchants
Association’s Fry Street Fair event, which will be held on Saturday, April 27, 2024, from 2:00
p.m. to 10:00 p.m., and Sunday, April 28, 2024, from 2:00 p.m. to 10:00 p.m.
The motion to approve this Ordinance was made by B,faA BLoW and
seconded by a by { s f 4),. H g . This Ordinance was passed and approved by
the following vote U - A :
Aye
/
Nay Abstain Absent
Mayor Gerard Hudspeth :
Vicki Byrd, District 1 :Z
„/Brian Beck. District 2 :
Paul Meltzer, District 3 :L/
/Joe Holland, District 4 :
Brandon Chase McGee, At Large Place 5 :L//
Chris Watts, At Large Place 6: /
PASSED AND APPROVED thi, th, \6+" d,y ,f apr : \, 2024.
4#ZVL,*„OR
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ATTEST:
LAUREN THODEN, CITY SECRETARY
'VaM4Lrl .f&@
APPROVED AS TO LEGAL FORM:
MACK REn(WAND. CITY ATrORNEY
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