HomeMy WebLinkAbout24-820ORDrNANCE NO. 24-820
AN ORDINANCE OF THE CITY OF DENTON AMENDING CHAPTER 25, ARTICLE 111,
“CEMETERIES” SECTION 25-168 REGARDING PLACEMENT OF OBJECTS IN
CEMETERY INCLUDING FLORAL DESIGNS AND GREENERY, TO ALLOW FOR THE
PLACEMENT OF THE FLAG OF THE UNITED STATES OF AMERICA; PROVIDING FOR
CODIFICATION; SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City Council finds in order to protect the aesthetic value of all cemeteries,
and permit patriotic display of the flag of the United States of America, it is in the best interest of
the City to amend the Code of Ordinances, as set forth below; and
WHEREAS, the City of Denton has not deemed cemeteries as public forums, and the City
does not deem or hereby create any cemetery as a public forum; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS :
SECTION 1. The findings set forth in the preamble of this Ordinance are incorporated by
reference into the body of this Ordinance.
SECTION 2. The City Council hereby amends Chapter 25, Article III, Section 25-168 to
amend Subsection (d), which shall read as follows:
(d) Special Arrangements. No wreaths, easels, grave blankets, or other special
arrangements shall be permitted on graves except during interment and the first seven (7)
days thereafter unless otherwise approved by the Director of Parks and Recreation or
designee.
SECTION 3. The City Council hereby amends Chapter 25, Article III, Section 25-168 to
add Subsection (f), which shall read as follows:
(f) Display and Use of the Flag of the United States of America
(1) The flag of the United States of America may be displayed only during the one week
before Memorial Day to one week after Independence Day and one week before to one
week after Patriot Day and Veteran's Day or other holiday when the flag is displayed, and
with supervision of the Director of Parks and Recreation or designee.
(a) The placement of the flag of the United States of America in areas outside
individual gravesites is subject to the discretion and approval of the Director of Parks and
Recreation or designee.
(b) The flag of the United States of America placed on individual gravesites shall
be no larger than 13 inches long and 9 inches wide and will be mounted on a five-
sixteenths-inch dowel rod no longer than 25 inches.
(c) The flag of the United States of America placed on individual gravesites must
be displayed either attached to or over the marker so that the displaying of the flag will not
interfere with cemetery ground maintenance. The acceptable methods for displaying a flag
on a marker are:
(1) To wire or secure the flag to the cylinder containers which is mounted
in or a part of the marker; or
(2) Inserting the staff of the flag into a five-sixteenths-inch to one-half-inch
hole that is drilled through the marker or in a dedicated medallion.
(2) The Director of Parks and Recreation or designee shall pick up all flags that become
torn, tattered, or faded and dispose of them properly.
SECTION 4. This ordinance shall supersede and replace all previous conflicting provisions
of City ordinances and Code. Such previous conflicting provisions are hereby repealed. All other
non-conflicting provisions shall remain in full force and effect.
SECTION 5. If any section, article, paragraph, sentence, phrase, clause, or word in this
ordinance, or application thereof to any persons or circumstances, is held invalid or
unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of
the remaining portions of this ordinance; the City Council declares that it would have ordained
such remaining portion despite such invalidity, and such remaining portion shall remain in full
force and effect.
SECTION 6. That this ordinance shall become effective immediately upon its passage and
approval. The City Secretary is hereby directed to record and publish the above revised section in
the City’s Code of Ordinances as authorized by Section 52.001 of the Texas Local Government
Code
The motion to approve this ordinance was made by Rv \ McI +t,r and seconded
by B,t '_ B ,oH , the ordinance was passed and approved by the following
vote LI - LL] :
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M NJa‘Abstain Absent
Mayor Gerald Hudspeth:
Vicki Byrd, District 1 :
Brian Beck. District 2:
Paul Meltzer, District 3 :
Joe Holland. District 4:
Brandon Chase McGee, At Large Place 5 :
Jill Jester, At Large Place 6:
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PASSED AND ADOPTEDtt,i, th, :ZI'*d,y of n'y 2024
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ATTEST:
LAUREN THODEN, CITY SECRETARY
B Y :
APPROVED AS TO LEGAL FORM:
MACK REINWAND. CITY ATTORNEY
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