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1970-023AN ORDINANCE AMENDING CHAPTER 12 OF THE CODE OF ORDINANCFS OF THE CITIY OF DENTON, TEXAS, BY REPEALING SECTION 12-21 OF ARTICLE I OF S~ID CHAPTER AND ENACTING IN LIEU THEREOF A NEW ARTICLE I, SECTIO~ 12-21, PROVIDING A PLACE FOR THE PROPER BURNING OF TRASH AND RUBBISH, PROVIDING A TIME FOR THE PROPER BURNING OF TRASH AND RUBBISh, PROVIDING FOR THE INCLUSION OF CERTAIN ARTICLES WITHIN THE DEFINITION OF TRASH AND RUBBISH, PROVIDING THAT CHAPTER 12 OF THE IODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, SHALL RE- AS AMENDED HEREIN, PROVIDING FOR A SAVINGS CLAU~, ~uv~u A FINEINOT TO EXCEED TWO HUNDRED ($200 00) DOLLARS, PROVIDINg AN EFFECTIVE DATE THE cOUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS ,SECTION I IThat Chapter 12 of the Code of Ordinances of the City of Denton~ Texas, is hereby a~ended by repealing Section 12-21 of Artacle I, and enacting an lieu thereof a new Section 12-21 of Artlcl~ I, so as to hereafter read as follows ARTICLE I IN GENERAL SECTION 12-21 - BURNING OF TRASH AND RUBBISH RESTRICTED (a) It shall be unlawful for any person to burn trash or rubbash 1 At any place other than w~th~n a proper Incinerator which has been approved by the C~ty F~re Marshal 2 At any place upon the public square or wathln one block of th~ public square 3 Nearer than fifteen (15) feet to any residence, bu~ld- ang or structure 4 In any street or alley, or upon any public property in the City 5 In any place other than on private premises under the ammediate supervision of the owner or person an charqe of the premises or some competent person designated by the owner or person in charge of the premises 6 In any place or at any t~me other than that permItted by the regulations of the Air Pollution Control Board and the Clean Air Act of Texas, as amended 7 At any time or place without a permit from the F~re Marshal 8 At any time or place where wind conditions may create a hazard, or cause non-containment of burning matter Junk vehicles, salvage parts, scrap material, refuse, grass, paper, garbage, and all like substances and matter are considered to be trash or rubbish for the purpose of this Section Firewood, kindling and charcoal or coal in a proper fireplace, pit or broiler are not considered to be trash or rubbish for the purpose of this section SECTION II That Chapter 12 of the Code of Ordinances of the City of Denton, Texas, shall remain in full force and effect, save and except as amended hereln SECTION III It is hereby declared to be the intention of the City Council that if any section, paragraph, sentence, clause, phrases or word of th~s ordinance shall be declared unconstitutional or invalid by any court of competent ]urlsdlct~on, such unconstitutionality or lnvalldlty shall not affect the remaining portions of this ordinance, and the City Council hereby declares the same would have been enacted without the ~ncorporatlon in this ordinance of any such unconstitutional or invalid portion SECTION IV Any ~e~s~n who violates any provision of this ordinance shall be deemed guilty of a misdemeanor, and, upon conviction, shall be punished by a fine not to exceed Two Hundred ($200 00) Dollars Each day such violation shall continue or be permitted, shall be treated as a separate offense SECTION V That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby d~rected to cause the caption of th~s ordinance to be published twice an the Denton Record-Chronicle within ten (10) days of the date of ~ts passage PASSED AND APPROVED th~s the ~ day of /;~, , A D 1970 ~XA~DER M "~INe~AY, ~ /MAYOR CITY OF DENTON, TEXAS ATTEST CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM  CK Q, BARTON, CITY ATTORNEY TY OF DENTON, TEXAS