24-128ORDINANCE NO. 24- 128
AN ORD[NANCE AMENDING CHAPTER 25 "STREETS, SIDEWALKS, AND PUBLICPLACES", ARTICLE 1 "IN GENERAL", SECTION 25-4 “PAINTING OR MARKING ON
PUBLIC PROPERTY; PERMIT FOR PAINTING ADDRESS NUMBERS FOR PAY", OF THECODE OF ORDINANCES OF THE CITY OF DENTON, TO REMOVE THE REQUIREMENTTO OBTAIN A PERMIT; PROViDING A REPEALER CLAUSE; PROVIDING A SAVINGSCLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE;PROVIDING FOR PUBLICATION; PROVIDING CODIFICATION; AND PROVIDING ANEFFECTIVE DATE.
WHEREAS, the City desires to amend Chapter 25 "Streets, Sidewalks, And Public Places",
Article I "In General", Section 25-4 "Painting or marking on public property; permit for painting
address numbers for pay", of the Code of Ordinances to remove the requirement to obtain a permit;and
WHEREAS, persons offering the service of painting address numbers for pay may meetthe definition of an itinerant vendor, and may therefore be required to obtain an iterant vendor
permit under Chapter 16 “Licenses, Permits, and Business Regulation,” Section 16-91 through 16-96 and9
WHEREAS, the City Council hereby finds that the Code amendment is in the best interestof the City of Denton. NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference and found to be true.
SECTION 2. The City Council hereby amends the existing Section 25-4 “Painting or
marking on public property; permit for painting address numbers for pay” to read as follows:
Sec. 25-4. Painting or marking on public property.
(a) it shall be unlawful for any person to draw, mark or paint any sign, picture or character
upon any sidewalk, pavement, curbstone, utility pole, public bridge, public building,
public right-of-way or other public property, except as otherwise provided in thissection
(b) The prohibition of subsection (a) of this section shall not apply to city employees,surveyors or public utility employees or their authorized agents marking public
property in performance of their duties or permitted construction work or to persons
marking or painting upon a public sidewalk by making use of chalk or other similarwater-soluble materials.
(c) The prohibition of subsection (a) of this section shall not apply to property owners or
contractors with owner authorization desiring to paint house numbers upon curbs at the
authorized address. House numbers shall be placed only on the curb in front of the
dwelling on the driveway return portion of the curb.
Page ! of 4
SECTION 3. Any person, firm, partnership, or corporation violating any provision of this
ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by a
fine in a sum not exceeding $500.00 for each offense. Each day that a provision of this ordinance
is violated, shall constitute a separate and distinct offense.
SECTION 4. This ordinance shall supersede and replace all previous conflicting
provisions of City ordinances and the Code of Ordinances, including Section 25-4, and such
previous conflicting provisions are hereby repealed. All other non-conflicting provisions,
including those of Chapter 25 of the Code of Ordinances of the City of Denton, as amended, shall
remain in full force and effect, save and except as amended by this ordinance.
SECTION 5. It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs and sections of this ordinance are severable, and, if any phrase,
clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the
valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance,
since the same would have been enacted by the City Council without the incorporation in this
ordinance of any such unconstitutional phrase, clause, sentence paragraph, or section
SECTION 6. The City Secretary is hereby directed to record and publish the above revised
section in the City’s Code of Ordinances as authorized by Section 52.001 of the Texas LocalGovernment Code.
SECTION 7. It is hereby officially found and determined that the meeting at which this
Ordinance was passed was open to the public, and that public notice of the time, place, and purpose
of said meeting was given as required by the Open Meetings Act, Texas Local Government Code,
Chapter 551. Notice was also provided as required by Chapter 52 of the Texas Local GovernmentCode
SECTION 8. In compliance with Section 2.09(c) of the Denton Charter, this ordinance
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, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the
date of its passage.
s e c o n d el hEy Ir1rI B: : nt : : a PC&EJ h i s o r d i n a n c e was m : Ie Tr diE :: Isle jEd Ep proveN
the following vote LL - A :
Page 2 of 4
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck. District 2:
Paul Meltzer. District 3 :
Joe Holland. District 4:
Brandon Chase McGee. At Large Place 5 :
Chris Watts, At Large Place 6:
/-L/
,/
7-Z
PASSED AND APPROVED thi, th, IO+\ d,y ,f Cb,„,,y , 2024.
d/#’:GERARD HUDSPETH, MAYOR
ATTEST:
JESUS SALAZAR, CITY SECRETARY L\\\\III IIIIf
APPROVED AS TO LEGAL FORM:
MACK RErNWAND. CITY ATTORNEY
Ib@\/pf IAth \; b ; IT:!F:1g3ro nBY. J 1 o:41 :23 -06’oo'
Page 3 of 4