18-1123AN ORDINANCE OF THE CITY OF DENTON, TEXAS, 1�10DIFYING THE FOLLOWING
SECTIONS OF T�-IE CODE OF ORDINANCES: (1} SECTION 14-87, ARTICLE IV —
SMOKING, CHAPTER 14 — HEALTII AND HUMAN SERVICES; (2) SECTION 22-31(13},
ARTICLE II — PARK RULES, CHAPTER 22 — PARKS AND RECREATION; AND, SECTION
22-31.1, ARTICLE II — PARI� RULES, CHAPTER 22 — PARKS AND RECREATION;
PROVIDING FOR A SEVE BILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION; AND, DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council asked staff to review both Chapter 14 — Health and Human
Services, and Chapter 22 - Parks and Recreation, Code of Ordinances of the City of Denton, Texas
as they relate to the prohibitions on smoking related to parlcs, parks facilities, and parks-related
activities; and
WHEREAS, staff has completed its review and recommends that Sections 14-87 and 22-
31 (13} be amended as set forth herein and Sections 22-31 (13) and 22-31.1 be deleted; and
WHEREAS, the Council finds that said changes are in the best interest of the citizens of
the City of Denton and should be adapted as stated herein; NOW, THEREFORE;
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitals cantained herein are made a part of this Ordinance as if set forth
at length herein.
SECTION 2. The current text of Section 14-87 (a) (10} of the City of Denton Code of
Ordinances is amended to read as follows:
"Public libraries, including exterior corridors, and any area within thirty (30} feet af any
public entrance thereto;"
SECTION 3. The current text of Section 14-$7 (a) (20) of the City of Denton Code of
Ordinances is amended to read as follows:
"Any establishment or facility declared to be non-smoking under section 14-89(b} of this
article;"
ECTION 4. The current text of Section 14-87 (a} (21) of the City of Denton Code of
Ordinances is amended to read as fallaws:
"Any location which is within thirty (30) feet af a street-frant main entrance where
smoking is prahibited or, if a business has a front patio where smoking is prohibited, within (30)
feet of the boundaries of such patio;"
SECTION�S. The current text of Sectian 14-87 (a) of the City of Denton Cade of
Ordinances is amended to read as follows:
"(22} On or adjacent to a city owned or operated athletic field or parks facility. "On or
adjacent ta a city owned ar operated athletic field or parks facility" includes playing fields and any
improvements of a vertical nature, including but not limited to buildings, dug outs, bleachers,
restrooms, concession areas and any areas within thirty (30) feet of such areas, but does not include
areas within parking lots and other designated areas containing conspicuous signage that smoking
of tobacco products is permitted; and
(23) Within thirty (30) feet of any concrete perimeter structure that serves to contain
playground fall attenuation material."
SECTION 6. The current introductory text of Section 22-31, Code of Ordinances of the
City of Denton, Texas is amended to read as follows:
"In addition to the prohibitions set forth in Section 14-87 of this Code, it shall be unlawful
for any person to either perform or permit to be performed any of the following acts:"
SECTION 7, The current text of Section 22-31 (13) of the City of Denton Code of
Ordinances is deleted in its entirety.
SECTION 8. The current text of Section 22-31.1, Code of Ordinances of the City of
Denton, Texas is deleted in its entirety.
SEC"TION 9. If any section, subsection, paragraph, sentcncc, clause, phrasc, or woi•d in
this ordinance, or application thereof to any person or circuinstances is held invalid by any court
of compctent jurisdiction, such holding shall ilot affcct the validity of the rcmaining portions of
this Ordinance, and the City Council of the City of Deirton, Texas hereby declares it would have
enacted sucll remaining portions despite any invalidity.
SEC"I'ION__10. Save and except as amcnded hercby, all of thc provisions, sections,
subsections, paragraphs, sentences, clauses, and pl7rases oi�tlle Code oFOrdinailces shall remain
in full ['orce and effect.
SECTIC)N 11_. This Ordinance }7roviding for a peualty shall become effective fotn�teen
(14) days from thc datc of its passage, and the City Secrctary is hereby dirccted to cause thc
caption of this Ordinance to be published twice in the Derrlon Record-Chrorzicle, the official
newspaper of the City of Denton; Texas within ten (10) days of the date o1� its p�ssage.
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second d bymoti�a�������r����ti���lix�ance was-madhebor����� ���,�a, r�+��� ��r���,� ���7c1 ti�����r���d by
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I�l�t�; ����ll���a���r�r� v���1;�; � �.�.�... °~ �°� .�;
Aye Nay Abstain Absent
Mayor, Chris Watts: �✓`
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2:
Don Duff, District 3: �
John Ryan, District 4: �
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Deb Armintor, At Large Place 5: ��°�
Paul Meltzer, At Large Place 6: ���"�
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PASSED AND APPROVED this the ���� _ day of �""����.�������� 2018.
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ATTEST:
��s�����fld1����. WALTERS, �"1"���'S''� SECRETARY
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�� �''�X �� 4'k�I � � TO LEGAL FORM:
AARON LEAL, CITY ,� �"]:'���i��Cl^;Y
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BY: �"