1998-432AN 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
SECTION I That Section 20-71(c) of the Code of Ordinances of the City of Demon,
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 followxng the final blooming
of the majority of the plants
SECTION II That ~f any section, subsection, paragraph, sentence, clause, phrase or
word in th~s ordinance, or apphcatlon thereof to any person or mrcumstances is held invalid by
any court of competent junsdmtion, such holding shall not affect the validity of the remaining
portions of this ordxnance, and the C~ty Council of the City of Demon, Texas hereby declares it
would have enacted such remmmng 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 remmn m full force and effect
SECTION IV That any person found guilty of violating th~s ordinance by a court of
competent junsdmt~on 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
J AC~J~I~-LER, I¢IAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPRO'~'ED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
F \SHARED\DEPT~LOL\Our Doeuments\Ord~nanoes~98\grass and weeds AMLNDMENT doc