2007-111s:\our documents\ordinances\07\north texas fair noise excepuoadoc
ORDINANCE NO. ,ZOO %- ~~~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING, PURSUANT TO
SECTION 20-1(e)(1)b OF THE CODE OF ORDINANCES OF THE CITY OF DENTON,
TEXAS, AN EXCEPTION TO THE LIMITATIONS IMPOSED BY THAT SECTION WITH
RESPECT TO SOUND LEVELS AND HOURS OF OPERATIONS FOR AN OUTDOOR
MUSIC FESTIVAL; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, by Ordinance No. 2001-227, the City Council granted the North Texas State
Fair Association athree-year exception from the requirements of Section 20-1(c)(2) of the Code of
Ordinances of the City of Denton, Texas ("Code") and that exception has expired; and
WHEREAS, by Ordinance No. 2001-265, the City Council amended the noise ordinance
and exceptions were allowed as to sound levels and hours of operation when the public interest will
be served thereby for outdoor music festivals; and
WHEREAS, the North Texas State Fair and Rodeo meets the definition of Outdoor Music
Festival pursuant to Section 20-1 (a) of the Code of Ordinances of the City of Denton, Texas; and
WHEREAS, pursuant to Section 20-1(e)(1)b of the Code, North Texas State Fair
Association has made application to the City Council for an exception to the provisions of Sections
20-1 of the Code regarding sound levels and time of use of amplified loudspeakers, in connection
with the North Texas State Fair And Rodeo annual event held at 2217 North Carroll Boulevard,
North Texas State Fairgrounds in Kimbrough Park, and in connection with said request, has
requested the exception to be granted on an ongoing basis for said annual event at said location for
ten days between the third Friday of August through the fourth Sunday of August 2007-2009; and
WHEREAS, upon prior application and approval by the City Council of the City of Denton,
Texas, North Texas State Fair Association has consistently demonstrated over the past three years
an ability to responsibly operate amplified loudspeakers in connection with the North Texas State
Fair and Rodeo annual event held at 2217 North Carroll Boulevard, North Texas State Fairgrounds,
at time past the hours defined and sound levels allowed by §20-1 of the Code, within the public
interest and without materially disturbing persons of ordinary sensibilities in the immediate vicinity
thereof; and
WHEREAS, based upon this past history, the City Council of the City of Denton, Texas
finds that granting an exception for this annual event on an ongoing basis for athree-year period,
subject to the restrictions contained herein, would serve the public interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION L Pursuant to §20-1(e)(1)b of the Code of Ordinances, North Texas State Fair
Association is hereby granted an exception to section 20-1 limitation, for a period of three years,
upon the time periods and sound level for outdoor music festivals, subject to the conditions listed
below:
1. This exception is granted only in connection with the operation of the North Texas
State Fair and Rodeo annual event at 2217 North Carroll Boulevazd, North Texas State Fair-
grounds, for ten days between the third Friday of August through the fourth Sunday of
August 2007-2009.
2. North Texas State Fair Association agrees to take full responsibility for ensuring
that the conditions of this exception aze met, and to take all reasonable measures necessary
to avoid disturbing persons of ordinary sensibilities in the immediate vicinity of the event.
3. North Texas State Fair Association agrees to cease exceeding the sound levels of
Section 20-1(e)(1)(a) at 12:00 midnight Monday through Thursday, 1:00 a.m. Friday
and Saturday and from 8:00 a.m. to 11:00 p.m. on Sunday.
4. Under no circumstances shall the annual event permit sound levels to exceed the
requirements of Section 20-lof the Code between the hours of 1:00 a.m. and 7:00 a.m.
5. This ordinance confers no personal or property rights, and may be amended,
modified, superseded or revoked in whole or in part at the will of the City Council of the
City of Denton, Texas, without any advance warning hearing or compensation, for any
reason at all, or for no reason.
6. This ordinance shall be strictly construed as an exception granted pursuant to §20-
I(e)(1)b of the Code of Ordinances of the City of Denton, Texas. The City of Denton,
Texas expressly reserves unto itself and all other persons any and all legal remedies, civil or
criminal, relating to excessive noise in connection with this annual event, and hereby dis-
claims any promissory or equitable estoppel which might in any way impede the pursuit of
such remedies by any person.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval, and expire three yeazs hence, unless sooner repealed, modified or rescinded.
PASSED AND APPROVED this the /J~~ day of , 2007.
~~~'~`"'
PERK . McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
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APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
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