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1995-153j:\wpdocs\ord\atcohol ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEZ~S, ~ENDING THaT PORTION OT CHAPTER 22 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, RELATING TO ARTICLE II. ENTITLED "PARK RULES", BY PROHIBITING THE POSSESSION OR CONSUMPTION OF ALCOHOLIC BEVERAGES IN ALL CITY PARKS EXCEPT CIVIC CENTER PARK; PROVIDING FOR A REPEAL OF ANY ORDINANCE IN CONFLICT THEREWITH; PROVIDING FOR A SEVERABILITY PROVISION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $500.00 FOR VIOLATIONS OF THE PROVISIONS HEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Sec. 22-32 of Chapter 22, Code of ordinances, Denton, Texas, is hereby amended to read as follows: (a) It shall be unlawful for any person to consume or possess any alcoholic beverage while on the premises of any: (1) City Park (2) Public improvements located within a city Park, or (3) vehicle parking area of any City Park. (b) This shall not apply to the Civic Center Building and the portion of civic Center Park not enclosed within the fence surrounding the city swimming pools. (c) For the purposes of this section, the term "alcoholic beverage" is as defined in the Texas Alcoholic Beverage Code. SECTION II. That all ordinances or parts of ordinances in force when the provisions of this ordinance become effective which are inconsistent or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict and all other terms or provisions of such prior ordinances and Chapter 22 of the City Code not in conflict with the provisions of this ordinance, shall remain in full force and effect. SECTION III. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance 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 IV. That any person violating any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof such person shall be fined a sum not to exceed Five Hundred Dollars ($500) for each such offense. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION V. That 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-Chronicle, the official newspaper of the city of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the/~--day of ~ , 1995. ATTEST: JENNIFER WALTERS, CITY SECRETARY AP~OV~'A~TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY PAGE 2