HomeMy WebLinkAbout25-965ORDINANCE NO. 25-965
AN ORDINANCE OF THE CITY OF DENTON REPEALING AN INITIATIVE ORDINAN(_'E
CHAPTER 21, ARTICLE V - MARIJUANA ENFORCEMENT OF THE CITY OF DENTON
CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE .
WHEREAS, on May 4, 2022, an initiative petition was filed with the City Secretary seeking to
initiate a new ordinance to eliminate enforcement of low-level marijuana offenses by creating
Chapter 21, Article V, of the City of Denton Code of Ordinances to be titled “Marijuana
Enforcement”; and
WHEREAS, in accordance with Section 4.04 of the City Charter, the City Secretary examined the
petition, and on June 7, 2022, submitted a certificate to the City Council stating the petition was
sufficient and in compliance with the provisions of Article IV of the City Charter; and
WHEREAS, on July 19, 2022, the proposed initiative ordinance was read, and a public hearing
was held in accordance with Section 4.07 of the City Charter; and
WHEREAS, the City Council did not pass the ordinance proposed by initiative petition, and in
accordance with Sections 4.07-.08 of the City Charter, the City Council called a special election
for this voter initiative regarding the elimination of low-level marijuana offenses (designated as
Proposition B on the ballot); and
WHEREAS, a municipal Special Election was ordered and held by the City on Tuesday,
November 8, 2022, such date being a uniform election date as defined in Texas Election Code §
41.001; and
WHEREAS, on November 8, 2022, a majority of the votes cast approved Proposition B; and
WHEREAS, on November 22, 2022, the City Council passed Ordinance No. 22-2447 canvassing
election returns and declaring results of the Special Election held on November 8, 2022; and
WHEREAS, Section 4.10 of the Charter states that “[i]f a majority of the electors voting on a
proposed initiative ordinance shall vote in favor thereof, it shall thereupon be an ordinance of the
city”; and
WHEREAS, similar voter initiatives to eliminate enforcement of low-level marijuana offenses
were passed by the voters in Austin, Elgin, San Marcos, and Killeen; and
WHEREAS, the City Manager has consistently and publicly stated that the City has not and would
not enforce Chapter 21, Article V; and
WHEREAS, the City Council, City Manager, and Denton Police Department have never adopted
a policy or practice to not fully enforce marijuana laws; and
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WHEREAS, the Attorney General of the State of Texas filed lawsuits against Denton and other
municipalities seeking a temporary injunction and permanent injunction asserting that the
municipalities’ respective ordinances were inconsistent with the Constitution of the State of Texas
(Article Xl, Section 5) and other State statutes, including Texas Local Government Code §370.003
(Municipal or County Policy Regarding Enforcement of Drug Laws), and Texas Health & Safety
Code Chapter 481 (Texas Controlled Substances Act); and
WHEREAS, on April 17, 2025, the Fifteenth Court of Appeals held that: 1) the City of San
Marcos’s ordinance was preempted by Section 370.003 of the Texas Local Government Code, (2)
City Council members, including the mayor, acted ultra vires in adopting the ordinance, and (3)
the State was entitled to a temporary injunction prohibiting enforcement of the ordinance; and
WHEREAS, on April 24, 2025, the Fifteenth Court of Appeals held that: 1) the City of Austin’s
ordinance was preempted by Section 370.003 of the Texas Local Government Code, (2) City
Council members, including the mayor, acted ultra vires in adopting the ordinance, and (3) the
State was entitled to a temporary injunction prohibiting enforcement of the ordinance; and
WHEREAS, a comparison of Chapter 21, Article V – Marijuana Enforcement of the Denton City
Code of Ordinances with the San Marcos and Austin ordinances shows they are substantially
identical in relevant part, and there is a substantial likelihood that a similar outcome on the legality
and enforceability of Denton’s ordinance will result if the litigation against Denton continues; and
WHEREAS, on May 1, 2025, the Fifteenth Court of Appeals denied the City of Denton’s request
for mandamus relief from the District Court of Denton County’s order compelling the City of
Denton to respond to written discovery; and
WHEREAS, the Fifteenth Court of Appeals has exclusive, statewide appellate jurisdiction over
appeals of cases involving the State of Texas as a party, including any potential appeal of the
lawsuit filed by the State of Texas against Denton; and
WHEREAS, Section 4.10 of the Charter states that initiative ordinances adopted by the electors
may be repealed by the City Council in the same manner as other ordinances; and
WHEREAS, the City Council finds that given the decisions by the Fifteenth Court of Appeals and
the status of State law in light of same, there is a substantial likelihood that the Court of Appeals
will find that: 1) Chapter 21, Article V – Marijuana Enforcement of the Denton City Code of
Ordinances is preempted by Section 370.003 of the Texas Local Government Code and the Texas
Constitution, (2) the Denton City Council members, including the mayor, acted ultra vires, and (3)
the State is entitled to an injunction prohibiting enforcement of the ordinance; and
WHEREAS, the City Council finds that repealing Chapter 21, Article V of the Denton City Code
of Ordinances is in the best interest of the City to eliminate the underlying legal issue in dispute
and moot and thus end the current litigation against the City, thereby avoiding the expenditure of
significant legal fees and staff time defending an ordinance that has never been adopted by the
City Council nor implemented or enforced by City officials; and
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WHEREAS, to the extent necessary to end the current litigation following the passage of
Proposition B by the majority of citizen votes cast and Ordinance No. 22-2447 canvassing election
returns and declaring results of the Special Election held on November 8, 2022, the City Manager
and the City Attorney, or their designees, are hereby authorized to act on the City’s behalf in
approving and executing any and all agreements necessary or appropriate to dismiss said litigation
against the City; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1: The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2: Chapter 21, Article V – Marijuana Enforcement of the Denton City Code of
Ordinances is hereby repealed.
SECTION 3: it is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase,
clause, sentence, paragraph or section of this ordinance, shall be declared unconstitutional by the
valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance,
since the same would have been enacted by the City Council without the incorporation in this
ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 4: This ordinance shall become effective immediately upon its passage and
approval.
SECTION 5: The City Secretary is hereby directed to codify the repeal of Chapter 21,
Article V – Marijuana Enforcement in the City Code of Ordinances.
The motion to approve this ordinance was made by Joe Holland and seconded by
Vicki Byrd; this ordinance was passed and approved by the following vote [ 4 - 3 ] :
Aye
X
X
Nay Abstain Absent
Gerard Hudspeth, Mayor:
Vicki Byrd, District 1 :
Brian Beck, District 2:X
X
X
Paul Meltzer, District 3 :
Joe Holland, District 4:X
X
Brandon Chase McGee, At Large Place 5 :
Jill Jester, At Large Place 6:
PASSED AND APPROVED this the 20th day of May, 2025.
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ATTEST:
LAUREN THODEN, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
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