1994-027J:\NPDOCS\ORD\~EEDS.O
O DIN C . NO. 7
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING PORTIONS OF
CHAPTER 20 ("NUISANCES") OF THE CODE OF ORDINANCES PROVIDING FOR
HEIGHT LIMITATION ON CERTAIN VEGETATION; CREATING AN OFFENSE FOR
ALLOWING CERTAIN VEGETATION TO EXCEED ESTABLISHED HEIGHT LIMITA-
TIONS IN SPECIFIED AREAS; PROVIDING FOR CERTAIN AFFIRMATIVE DE-
FENSES TO PROSECUTION OF THIS VIOLATION; PROVIDING FOR A PENALTY IN
THE MAXIMUMAMOUNT OF $500.00; PROVIDING FOR A SEVERABILITY CLAUSE,
REPEALING ANY ORDINANCE IN CONFLICT THEREWITH; AND PROVIDING FOR AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
SECTION I. That Section 20-5 of Chapter 20 of the Code of
Ordinances is amended to read as follows:
Sec. 20-5. Duty to keep sidewalk, parkway and alleyway
clean--Generally.
(a) It shall be unlawful for any owner, tenant, or
lessee of a premises to allow grass, weeds, or other vege-
tation over twelve (12) inches in height, trash, rubbish,
filth, or debris to be upon the abutting or adjacent side-
walk, parkway, or alleyway.
(b) Any such materials shall be removed by the owner,
tenant, or lessee of the premises and placed in trash re-
ceptacles or disposed of in a manner as required by this
Code.
(c) It is a defense to prosecution hereunder that:
(1) A premises is unfenced and is main-
tained in a manner consistent with the
provisions of this section at all points
on the premises within 100 feet of the
edge of any open street.
(2) A premises is fenced and is main-
tained in a manner consistent with the
provisions of this section at all points
from the street to the fence or one
hundred (100) feet from the edge of any
open street, whichever is the less
distance.
(3) The vegetation which is over twelve
(12) inches in height is wildflowers, but
only until such time as seeds have matured following
the final blooming of the majority of the plants.
(d) Failure to comply with the requirements of this
section shall be and hereby is declared to constitute a
nuisance subject to citation or abatement as provided in
this Chapter.
SECTION II. That Section 20-71 of Chapter 20 of the Code of
Ordinances is amended to read as follows:
Bec. 20-71. Height l~m~tations on aerta~n weeds, grass,
and un=ultivated vegetation.
(a) A person commits an offense if he is an owner, oc-
cupant, or person in control of occupied or unoccupied pre-
mises containing less than two (2) acres of land in the
city and permits weeds, grass, or other vegetation located
on the premises to grow to a height greater than twelve
(12) inches.
(b) A person commits an offense if he is an owner,
occupant, or person in control of occupied or unoccupied
premises containing two (2) acres of land or more and
adjacent to property under different ownership which con-
tains habitable buildings in the City and permits weeds,
grass, or other vegetation located within 100 feet of the
adjacent property to grow to a height greater than twelve
(12) inches.
(c) 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;
2. cultivated trees;
3. cultivated shrubs;
4. flowers or other decorative ornamental plants
under cultivation; or
5. wildflowers, but only until such time as seeds
have matured following the final blooming of the
majority of the plants.
(d) It shall be the duty of any person having super-
vision or control of any lot, tract, or parcel of land or
any portion thereof, to cut or cause to be cut and removed
as necessary to comply with this section, all such grass,
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weeds, or vegetation on the property as often as may be
necessary to comply with the provisions of this section.
(e) The provisions of this section shall be applicable
to all railroad rights-of-way within the City.
SECTION III. 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 com-
petent 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. All ordinances or part of ordinances in force when
the provisions of this ordinance become effective which are incon-
sistent or in conflict with the terms or provisions contained in
this ordinance are hereby repealed to the extent of any such con-
flict.
SECTION V. Any person who shall violate a provision of this
ordinance, or fails to comply therewith or with any of the require-
ments thereof, shall be guilty of a misdemeanor publishable by a
fine not exceeding Five Hundred Dollars ($500.00). Each such per-
son shall be deemed guilty of a separate offense for each and every
day or portion thereof during which any violation of this ordinance
is committed, or continued, and upon conviction of any such viola-
tions such person shall be punished within the limits above.
SECTION VI. That this ordinance shall become effective four-
teen (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 news-
paper of the City of Denton, Texas, within ten (10) days of the
date of its passage.
PASSED AND APPROVED this the ~day of ~~,, 1994.
BOB CASTLEBERRY, MAY~ ~
/
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY: 0~.~,o-_~ (~.f~- -~'~
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