2010-287s:\legal\our documents\ordinances\10\playgroundsmokingord.doc
ORDINANCE NO. 2010-287
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 22 OF THE
CODE OF ORDINANCES BY ADDING SECTION 22-31.1, PROHIBITING SMOKING OR
OTHER USE OF TOBACCO PRODUCTS WITHIN 25 FEET OF ANY CONCRETE
PERIMETER STRUCTURE THAT SERVES TO CONTAIN PLAYGROUND FALL
ATTENUATION MATERIAL; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A
PENALTY NOT TO EXCEED $200.00 FOR VIOLATIONS OF THIS ORDINANCE; AND
PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Chapter 22 "Parks and Recreation" of the Code of Ordinances of Denton,
Texas, is hereby amended by adding Section 22-31.1 prohibiting the smoking or use of tobacco
products within twenty-five (25) feet of any concrete structure that serves to contain playground
fall attenuation material and which shall read as follows:
Sec 22-31.1 Smoking or other use of tobacco products prohibited
It shall be unlawful for any person to smoke or otherwise use tobacco products within
twenty-five (25) feet of any concrete perimeter structure that serves to contain playground fall
attenuation material.
SECTION 2. If any section, subsection, paragraph, sentence, clause, phrase, or word in
this ordinance, or application thereof to any person or circumstances 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 invalidity.
SECTION 3. Save and except as amended hereby, all the provisions, sections,
subsections, paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain
in full force and effect.
SECTION 4. Any person found guilty of violating this Ordinance by a court of
competent jurisdiction shall be fined a sum not to exceed two hundred dollars ($200).
SECTION 5. This ordinance providing for a penalty 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 , 2010.
MARK BU U HS, MAYOR
s:\legal\our documents\ordinances\10\playgroundsmokingord.doc
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
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APPRIZEAS O LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: