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2009-060ORDINANCE NO. d /Q Q? - D ( o n AN ORDINANCE AMENDING SECTION 18-92 "PROHIBITED FOR CERTAIN PURPOSES" OF CHAPTER 18 "MOTOR VEHICLES AND TRAFFIC" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON; ADDING A NEW SECTION 18-92.1 "PARKING NUISANCES" TO CHAPTER 18; AMENDING CHAPTER 21 "OFFENSES" OF THE CODE OF ORDINANCES TO ADD A NEW SECTION 21-8 "DUMPING;" PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CAUSE; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Section 18-92 "Prohibited for Certain Purposes" of the Code of Ordinances is hereby amended to read as follows: Sec. 18-92. Prohibited for Certain Purposes. No person shall park a vehicle upon any street in the city for the purposes of: (a) Washing, greasing, or repairing such vehicle; (b) Advertising or soliciting business; or (c) Selling merchandise from such vehicle. It shall be an affirmative defense to prosecution under subsection (a) if the repair was necessitated by an emergency and if the repair was done or the vehicle was towed away within 20 hours of the time the vehicle broke down or ceased to operate properly on the roadway. SECTION 2. Chapter 18 "Motor Vehicles and Traffic" of the Code of Ordinances is hereby amended by adding Section 18-92.1 "Parking nuisances" to read as follows: Sec. 18-92.1. Parking nuisances. (a) It shall be unlawful for a person to park or store or allow another to park or store a recreational vehicle, travel trailer, boat or boat trailer, tow truck, or any vehicle other than a motor vehicle on any public right-of-way in any residential zoned district. (b) No person shall park any vehicle upon the street in any manner as to obstruct the loading or unloading of any solid waste container. SECTION 3. Chapter 21 "Offenses" of the Code of Ordinances is hereby amended by adding Section 21-8 "Dumping" to read as follows: -1- Sec. 21-8. Dumping. It shall be unlawful and declared a nuisance for any person to dump, or permit to be dumped upon any sidewalk, alley, street, into or adjacent to water, or any other public or private property, any unwholesome water, refuse, rubbish, trash, debris, filth, carrion, junk, garbage, impure or unwholesome matter of any kind or other objectionable or unsightly matter of whatever kind. SECTION 4. 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 5. Any person found guilty of violating this ordinance by a court of competent jurisdiction shall be fined a sum not to exceed five hundred dollars ($500) per day. Each day that a provision of this ordinance is violated shall constitute a separate offense. SECTION 6. This ordinance providing for a penalty shall become effective 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 10 days of the date of its passage PASSED AND APPROVED this the 3L' day of 2009. MARK`A: BJ~U(%I!MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED tATO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY 1 BY: kkA e , s S:'Our Documaus'Orduia~cesW9~cLapta IS pakmgd- -2-