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HomeMy WebLinkAbout1998-432ORDINANCE NO % — N J AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTION 20-71(c) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS TO AMEND THE DE- FENSE TO PROSECUTION FOR VIOLATIONS OF HEIGHT LIMITATIONS ON CERTAIN WEEDS, GRASS, AND UNCULTIVATED VEGETATION BY ADDING A DEFENSE FOR THE GROWING OF HAY UNDER CERTAIN CONDITIONS, PROVIDING FOR A SEVER - ABILITY CLAUSE, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SEECTION I That Section 20-71(c) of the Code of Ordinances of the City of Denton, Texas is hereby amended by adding a defense for growing hay and it shall now read as follows It shall be a defense to prosecution under this section that the vegetation is any of the following 1 Agricultural crops, except grass or hay unless subsection (2) stated below applies, 2 Hay that is grown for the specific purpose of cultivation and is part of a predominantly homogeneous plant population may be grown to any height provided it is located no closer than twenty (20) feet to an adjacent property, 3 Cultivated trees, 4 Cultivated shrubs, 5 Flowers or other decorative ornamental plants under cultivation, or 6 Wildflowers, but only until such time as seeds have matured following the final blooming of the majority of the plants SECTION II That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity SECTION III That save and except as amended hereby, all the provisions, sections, sub- sections, paragraphs, sentences, clauses, and phrases of Chapter 20 of the Code of Ordinances shall remain in full force and effect SECTION IV That any person found guilty of violating this ordinance by a court of competent jurisdiction shall be fined a sum not to exceed five hundred dollars Each day that this ordinance is violated shall constitute a separate offense SECTION V That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of L&�' 1998 F.Porr-CLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY ....O•R 13Y F \SHARED\DEPnLOL\Our Documents\Ordmances\98\grass and weeds AMENDMENT doc