18-891ORDINANCE NO. 18-891
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CORRECTING 1NADVERTENT
MISTAKES IN SECTION 2(a)(21) OF ORDINANCE NO. 2015-121 RELATING T'O THE
PROHIBITION OF SMOKING NEAR A STREET-FRONT MAIN ENTRANCE; PROVIDING
FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; AND,
DECLARING AN EFFECTIVE DATE.
WHEREAS, on April 21, 2015 the City Council held discussions that proposed to
designate portions of certain retail establishments, public buildings, and food establishments as
nonsmoking areas ("Nonsmoking Areas Discussion") and considered the adoption of an ordinance
designating certain areas as nonsmoking areas; and
WHEREAS, the minutes of the Apri121, 2015 City Council meeting show that during the
Nonsmoking Areas Discussion, the City Council considered amendments to the proposed
ordinance which included a motion to reinstate Section 2(a)(21) regarding "Any location which
was within 30 feet of an entrance to a location in which smoking was prohibited;" and
WHEREAS, the motion to reinstate Section 2(a)(21) was approved by a vote of 6- 1; and
WHEREAS, the City of Denton recently discovered that an inadvertent mistake was made
in Ordinance No. 2015-121 (approved Apri121, 2015) which resulted in an ordinance that did not
accurately reflect what was intended to be approved by City Council; and
WHEREAS, City Council requests that the inadvertent mistake be revised to correctly
reflect the intention of City Council in Denton Ordinance No. 2015-121 as indicated on the
corrected ordinance attached hereto as Exhibit B; and
WHEREAS, the City Council has the inherent power to retroactively correct such mistakes
to accurately reflect its offcial actions; and
WHEREAS, the Council iinds that said corrections are in the best interest of the citizens
of the City of Denton and should be adopted as stated herein; NOW, THEREFORE;
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitals contained herein are made a part of this Ordinance as if set forth
at length herein.
SECTION 2, The current text of Section 2(a)(21) of Ordinance No. 2U15-121 is deleted
in its entirety and replaced with
"Any location which is within thirty (30) feet of a street-front main entrance where
smoking is prohibited or, if a business has a front patio where smoking is prohibited, within
thirty (30) feet of the boundaries of such patio."
SECTION 3 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 reinaining 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.
S��: 6 ft�I� „4. Save and except as ame�lded hereby, all of the provisions, sections,
subsections, paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain
in full force and effect.
The motion to approve this ordinance was made by � U O�f'� �y� �. _ and
seconded by � ��� � �� � ��' ���� � ����� � �' � � � � �"� mm� , the ordmance was passed and approved by
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the following vote [ (� - �
Mayor, Chris Watts:
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2:
Don Duff, District 3:
John Ryan, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
Aye Nay
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✓
✓
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✓
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Abstain Absent
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PASSED AND APPROVED this the ��,� � day of � m , m�, 2018.
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CHRIS WA�I" �, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
:
�l'.�''��^��"�"���� ��,��"�� LEGAL FORM:
���:C�C�1� LEAL, CITY ATTORNEY
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