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ORDINANCE NO ODO"D�J
AN ORDINANCE AMENDING CHAPTER 24 "SOLID WASTE" OF THE CODE OF
ORDINANCES OF THE CITY OF DENTON, BY ADDING ARTICLE IV "POSSESSION OF
OPEN GLASS CONTAINERS IN FRY STREET DISTRICT", PROVIDING A
SEVERABILITY CLAUSE, PROVIDING A PENALTY OF NOT LESS THAN $25 00 NOR
MORE THAN THE MAXIMUM AMOUNT OF $500 00 FOR VIOLATIONS THEREOF,
AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council of the City of Denton, Texas hereby finds that a public
nuisance of carrying glass open containers in public places has been created in that area of the
City of Denton commonly known as the Fry Street District, and
WHEREAS, such nuisance includes the accumulation of broken glass in and about public
sidewalks and streets within the Fry Street District, and
WHEREAS, the City Council of the City of Denton hereby finds that it is in the public
interest to prohibit the possession of glass open containers, with certain exceptions, within the
Fry Street District,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY
ORDAINS
SECTION ION 1 Chapter 24, "Solid Waste", of the Code of Ordinances of the City of
Denton, Texas is hereby amended to add ARTICLE IV "POSSESSION OF OPEN GLASS
CONTAINERS IN THE FRY STREET DISTRICT" so as to read in its entirety as follows
ARTICLE IV. POSSESSION OF OPEN GLASS CONTAINERS
IN FRY STREET DISTRICT
See 24-71 Definitions
Fry Street District refers to the area as described in Zoning Ordinance No 2000-044 as the
Fry Street District The Fry Street District is generally bounded by Welch Street to the east, Oak
Street to the North, Ave B to the northwest, Ave A to the southwest, Mulberry Street to the
southeast, and Hickory Street to the southwest, which is depicted in Exhibit "A" attached hereto
and made a part hereof by reference
Glass Container- means any glass bottle or receptacle, closed or capable of being closed
See 24-72. Prohibition of Open Glass Containers.
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(A) Prohibitions No person shall possess within the Fry Street District upon or
immediately adjacent to any right-of-way, street, sidewalk, pedestrian way, or
parking area, any glass container which is open or has been previously opened
except for use on the premises where the glass containers are acquired
(B) Exemptions Notwithstanding any other provision of this section, nothing in this
section shall prohibit the possession of the following glass containers in the Fry
Street District
(1) Baby bottles containing products for consumption by babies,
(2) Glass drug containers containing prescription drugs,
(3) Glass containers that are being transported in a trash bag directly to a trash or
recycling container for disposal or recycling purposes,
(4) Glass lined vacuum picnic containers or thermos bottles, and
(5) Any container as permitted by Texas Alcoholic Beverage Code Ann §
28 10(b)
Sec 24-74. Discretion of Police Officer.
Whenever any police officer shall, in the exercise of reasonable judgement, decide that the
presence of any person in any public place is causing or is likely to cause any of the conditions
enumerated in Subsection 24-73(A), he may, if he deems it necessary for the preservation of
public peace and safety, order that person to leave that place and surrender the open glass
container Any person who shall refuse to leave or surrender an open glass container after being
ordered to do so by a police officer shall be in violation of this section
SECTION 2 If any provision of any section of this ordinance shall be held to be void or
unconstitutional, such holding shall in no way effect the validity of the remaining provisions or
sections of this ordinance, which shall remain in full force and effect
SECTION 3 Any person, firm or corporation violating any of the provisions of this
chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be
punishable by a fine of not less than twenty-five dollars ($25 00) nor more than five Hundred
dollars ($500 00) Each day such violation shall be continue or be permitted to continue, shall be
deemed a separate offense
SECTION 4 This ordinance shall become effective fourteen (14) days from the date of
its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chromcle, a daily newspaper published in the City of
Denton, Texas, within ten (10) days of the date of passage
Page 2 of 3
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PASSED AND APPROVED this the /SG day of N 7 , 2000
ATTEST
JENNIFER WALTERS, CITY SECRETARY
By �—
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
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Page 3 of 3
EXHIBIT A
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