2014-070\\cod ad\dep artmentsVegal\ou r documents\ordinances\14\credit access business amendmcnt.doc
M FA
WE
AN ORDINANCE CLARIFYING BY AMENDMENT THE PENALTY PROVISIONS •
ORDINANCE NO. 2013-073, RELATING TO CREDIT ACCESS BUSINESSES;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE FOR
THE AMENDED ORDINANCE.
WHEREAS, the City Council of the City of Denton, Texas passed Ordinance No. 2013-
073 on March 19, 2013 regarding credit access businesses; and
WHEREAS, a question has arisen about whether the penalty clause in Section 3 of
Ordinance 2013-073 could be read to authorize prosecution of borrowers, contrary to intent; and
WHEREAS, the Council of the City of Denton, Texas wishes to clarify Ordinance 2013-
073 by amendment, to preclude any possibility of prosecuting borrowers, as this ordinance was
clearly intended to protect consumers from predatory lending practices, and was never intended
to provide for the prosecution of such borrowers; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
ARTICLE 1. Section 3 "Violations; Penalty" of Ordinance No. 2013-073 is hereby
amended to read as follows:
SECTION 3. Violations; Penalty.
a) A Person, other than a Consumer, who knowingly violates a provision of this
ordinance, or who fails to perform an act required of such Person, other than a
Consumer, by this ordinance, commits an offense. A Person, other than a Consumer,
commits a separate offense each day or portion of a day during which a violation is
committed, permitted, or continued.
b) An offense under this ordinance is punishable by a fine of not more than $500, if
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committed by a Person other than a Consumer.
c) The penalties provide for in Subsection (b) are in addition to any other enforcement
remedies that the City may have under City ordinances and state law.
ARTICLE 2. This Ordinance amends Ordinance No. 2013-073 and repeals any
provision of that ordinance, or any other, in conflict herewith, as of its effective date. All other
provisions not explicitly amended herein shall continue in force and effect.
ARTICLE 3. If any section, subsection, paragraph, sentence, clause, phrase, or word in
this ordinance; in Ordinance 2013-073, as herein amended; or if any 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, or Ordinance 2013-073 as
herein amended, and the City Council of the City of Denton, Texas hereby declares that it would
have enacted such remaining portions despite any such invalidity.
ARTICLE 4. This penal Ordinance, as herein amended, 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 4 61— day of . ...... -
MAkK A\,13tJR-ROQ'G,1"IS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:-
ANITA BURGESS, CITY ATTORNt"Y"