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ORDINANCE NO. o?~D7 ~9~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE PROVISIONS
OF CHAPTER 18 RELATING TO MOTOR VEHICLES AND TRAFFIC BY AMENDING
SECTION 18-106; AMENDING THE PROVISIONS OF CHAPTER 20 RELATING TO
NUISANCES BY DELETING SECTIONS 20-3 THROUGH 2O-6; BY AMENDING
SECTIONS 20-47, 20-72, 20-132, 20-180 AND 20-184; BY CREATING SECTION 20-114
RELATED TO OUTSIDE STORAGE; AMENDING THE PROVISIONS OF CHAPTER 21
RELATING TO OFFENSES BY AMENDING SECTION 21-55(c); BY AMENDING THE
PROVISIONS OF CHAPTER 24 RELATING TO SOLID WASTE BY AMENDING SECTION
24-43(d); PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A REPEALER
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO
EXCEED $500 FOR VIOLATIONS OF THIS ORDINANCE; AND PROVIDING FOR AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That Chapter 18 of the Code of Ordinances of the City ("Motor Vehicles
and Traffic") be and the same is hereby amended by amending Section 18-106 "Parking of
vehicles or storage of goods in parkways prohibited" to change the title of the section to "Pazking
of vehicles or storage of goods in rights-of--way prohibited" and to use the term right-of--way to
define the location s where goods cannot be stored and vehicles may not be parked. Section 18-
106 shall read as follows:
Sec. 18-106. Parking of vehicles or storage; of goods in rights-of--way prohibited.
(a) For the purposes of this section, a "right-of--way" shall include:
(1) the entire width of all public streets and highways including any shoulders
of these roadways;
(2) the entire width of any alleys; and
(3) all other public easements including any easements running adjacent to
any public roadways and alleys.
(b) It shall be unlawful for any person to park any vehicle or store any goods in or
upon any right-of-way, notwithstanding the location of any drive or driveway in
such right-of--way. This section shall not apply to a vehicle legally parked on a
public street or highway nor shall this section apply to a vehicle legally parked in
a driveway provided no sidewalks are blocked by the vehicle.
SECTION 2. That Chapter 20 of the Code of Ordinances of the City ("Nuisances") be
and the same is hereby amended by deleting Section 20-3 "Gazbage, trash and rubbish nuisances-
Generally."
SECTION 3. That Chapter 20 of the Code of Ordinances of the City ("Nuisances") be
and the same is hereby amended by deleting Section 20-3.1 "Same-Notice to owner of
violations; abatement by city; collection of costs; appeals."
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SECTION 4. That Chapter 20 of the'Code of Ordinances of the City ("Nuisances") be
and the same is hereby amended by deleting Section 20-4 "Owner responsibility to remove
heavy accumulations of debris."
SECTION 5. That Chapter 20 of the Code of Ordinances of the City ("Nuisances") be
and the same is hereby amended by deleting Section 20-5 "Duty to keep sidewalk, parkway and
alleyway clean-Generally."
SECTION 6. That Chapter 20 of the Code of Ordinances of the City ("Nuisances") be
and the same is hereby amended by deleting Section 20-6 "Same-Notice of violations."
SECTION 7. That Chapter 20 of the Code of Ordinances of the City ("Nuisances") be
and the same is hereby amended by amending Section 20-47 "Inoperable vehicles, inoperable
motor vehicles, junked vehicles declared public nuisance; maintaining public nuisance
prohibited" by amending subsection (d) to consistently refer to the same type of vehicles; by re-
numbering the current subsection (h) to subsection (i) and by adding a new subsection (h) to
prohibit the use of tarps or other covers not designed to cover motor vehicles from being used to
cover operable motor vehicles or operable vehicles. Section 20-47 shall read as follows:
Sec. 20-47. Inoperable vehicles, inoperable motor vehicles, junked vehicles declared
public nuisance; maintaining public nuisance prohibited
(a) An inoperable vehicle, inoperable motor vehicle or junked vehicle that is visible
from a public place or public right-of--way and/or is considered detrimental to the
safety and welfare of the general public, tends to reduce the value of private
property, invites vandalism, creates a fire hazard, is an attractive nuisance creating
a hazard to the health and safety of minors, produces urban blight adverse to the
maintenance and continuing development of the city, and is declared to be a
public nuisance.
(b) It shall be unlawful for any person, owner, agent, occupant or anyone having
supervision or control of any real property within the city to maintain a public
nuisance as determined under this section.
(c) It shall be unlawful for any person, owner, agent, occupant or anyone having
supervision or control of any real property within the city to have more than two
inoperable vehicles, inoperable motor vehicles or junked vehicles upon their
property.
(d) Any inoperable vehicle, inoperable motor vehicle, or junked vehicle shall be
screened from any public place;or public right-of--way by means of a solid opaque
fence or shall be enclosed within a building. In no case shall any cover placed
over an inoperable vehicle, inoperable motor vehicle, or junked vehicle constitute
adequate screening.
(e) An inoperable vehicle, inoperable motor vehicle, or junked vehicle or vehicle part
maybe disposed of by removal to a scrap yard, demolisher or any suitable site.
(f) It shall be construed that a vehicle that is not demonstrated to be operable upon
request of the designated city official is an inoperable vehicle.
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(g) An inoperable motor vehicle that remains inoperable for more than thirty (30)
consecutive days becomes a junked vehicle.
(h) At no time shall a tarp or any cover not designed to cover a motor vehicle or
vehicle be used as a cover for an operable motor vehicle or operable vehicle.
(i) Neither allegation nor evidence of a culpable mental state is required for the proof
of an offense defined by this article.
SECTION 8. That Chapter 20 of the Code of Ordinances of the City ("Nuisances") be
and the same is hereby amended by amending Section 20-72 "Weeds and brush over twelve
inches high" by amending subsection (c) to change the minimum height limbs, brush or other
vegetation must be trimmed or cut to above a public street or alley to fifteen (15) feet which is
consistent with the requirements of the Denton Development Code. Section 20-72(c) shall read
as follows:
Sec. 20-72. Weeds and brush over twelve inches high.
(c) It shall be unlawful for any owner or occupant of any property within the city to
suffer or permit limbs, brush and other vegetation existing above a public street or
alley to hang lower than fifteen~(15) vertical feet (measured at the curbline) above
the alley or public street pavement or seven (7) feet above the sidewalk and other
rights-of--way.
SECTTON 9. That Chapter 20 of the Code of Ordinances of the City ("Nuisances") be
and the same is hereby amended by amending Section 20-132 "Service of notice" by allowing
for delivery of the notice of violation by delivery in person, notice left on the property or notice
by United States mail delivery. Section 20-132 shall read as follows:
Sec. 20-132. Service of notice.
Notice of the violation may be delivered to the owner or occupant in person, by notice
left at the location, or mailed to the owner's address as recorded in the appraisal district
records of the appraisal district in which the property is located, and delivered by United
States mail
If the property is vacant, then the notice will be mailed to the owner's address as recorded
in the appraisal district records of the appraisal district in which the property is located
and delivered by United States mail. tThe property will be reinspected no sooner than
after seven (7) days of the date on the notice. If the property is not in compliance at this
time, citation maybe issued
SECTION 10. That Chapter 20 of the Code of Ordinances of the City ("Nuisances") be
and the same is hereby amended by amending Section 20-180 "Definitions" by amending the
definition of improved surface. Section 20-180 shall read as follows:
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Sec. 20-180. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Improved surface means an area paved with concrete, asphalt, pavers, open pavers,
crushed stone or gravel free of any vegetation including but not limited to grass and weeds.
Motorcycle means a motor vehicle designed to propel itself with not more than three
wheels in contact with the ground. The term does not include a tractor or any other self-propelled
farm equipment.
Motor vehicle for the purposes of this article shall only include passenger cars, pickup
trucks and motorcycles.
Passenger car means aself-propelled vehicle designed or used primarily for the
transportation of persons upon streets and does not include truck-tractors, trailers, campers,
recreational vehicles, travel trailers or farm tractors.
Street means the width between the boundary lines of a publicly maintained way any par[
of which is open to the public for vehicular travel.
Truck-tractor means amotor-driven vehicle designed and used primarily for drawing
another vehicle and not constructed to carry a load other than a part of the weight of the vehicle
and load to be drawn.
Vehicle means a device in or by which a person or property is or may be transported or
drawn on a public highway, or on any waterway and shall include all motor vehicles, trailers,
campers, camper shells, wheeled towing frames, recreational vehicles, truck-tractors, travel
trailers, self-propelled farm equipment, motor-boats or boat trailers. For the purposes of this
article, "vehicles" shall not include non-motorized bicycles, skateboards, roller skates, or any
other non-motorized toy vehicle.
SECTION 11. That Chapter 20 of the Code of Ordinances of the City ("Nuisances") be
and the same is hereby amended by amending Section 20-184 "Parking nuisances" by amending
subsection (a)(1) to add tow trucks to the list of vehicles which may not be stored or parked on a
public right-of=way in a residential zoned district; to add an exemption to subsection (a)(1) for
agricultural equipment in certain circumstances; and to amend subsection (a)(2) to establish
guidelines for adding to existing driveways. Section 20-184 shall read as follows:
Sec. 20-184. Parking nuisances.
(a) Parking regulations. It is a nuisance and shall be deemed illegal for any person to
park in violation of the following provisions:
(1) 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.
(2) [t shall be unlawful for a person to park or store or allow another to park
or store a vehicle in the front yard of any property upon any surface other
than an improved surface. Any improved surfaces used or added for the
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purpose of parking vehicles on any front yard of any lot shall be iri
compliance with this code. Any improved surfaces added for the purpose
of parking vehicles shall be attached to an existing driveway. Crushed
stone and gravel driveways must be poured to a four inch depth and
bordered. Dirt driveways are prohibited. If gravel is chosen as the
material for the additional surface, the ground or surface must be
excavated so the gravel •can be poured to the required four inch depth and
bordered, and be level with the existing driveway.
(3) 1t shall be unlawful for any person to park or store or allow another to park
or store a vehicle in the side yard or in the rear yard of any lot, upon any
surface other than an improved surface unless such vehicle is concealed
from view from all points along public streets and alleys by a solid,
opaque fence or wall 'providing full screening from the ground to a
minimum height of six (6) feet. Any fencing musC be in compliance with
the Denton Development Code and all applicable ordinances and laws
regarding fencing.
(4) It shall be unlawful for any person to park or store or allow another to park
or store a vehicle on any unimproved lot, easement, or right-of--way.
(5) It shall be unlawful to use a vehicle for living or sleeping quarters, or for
the storage of trash, debris or personal property not normally associated
with the vehicle. ,
(6) Residential properties with homesteads that exceed two acres may have a
total of five pieces of operable, agricultural equipment, two of which may
be trailers, parked on a~i unimproved surface. The surface must be located
one hundred and fifty (150) feet from the street and adjacent properties
and behind the front building line. Additionally, the agricultural
equipment may not be parked on any easement or right-of--way.
Agricultural equipment is equipment used for farming operations that is
not required to be regisfcred by the State of Texas.
SECTION 12. That Chapter 20 of the Code of Ordinances of the City ("Nuisances") be
and the same is hereby amended by adding Section 20-114 "Outside storage" to establish
limitations on the types of goods or items which may be stored outside and the manner of the
storage of these goods and items. Section 20-i 14 shall read as follows:
Sec. 20-114. Outside storage.
It shall be unlawful for any person to allow, permit, conduct or maintain any outside
storage, outside of an enclosed structure or fully concealed behind an opaque screening
fence, on any portion of a lot or tract. The door of the enclosed structure must be
manufactured for use with the structure.
(a) Prohibited outside storage for this section shall include, but not be limited to, the
following items stored in a manner other than in an enclosed building or behind
an opaque screening fence:
(1) Building materials to be used on site;
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(2) Supplies, materials or other matter associated with a home occupation;
(3) Supplies, materials or~ other matter associated with a nonresidential
activity;
(4) Chemicals;
(5) Furniture not designed for outdoor use;
(6) Appliances not designed for outdoor use;
(7) Appliances designed for outdoor use but not currently installed;
(8) Tools, mobile and/or mechanical equipment not connected with a
residential use;
(9) Lawn maintenance equipment;
(10) Motor vehicle parts and/or accessories including but not limited to
engines, transmissions, electrical parts, suspension parts, vehicle body
parts, batteries, tires, wheels, hubcaps and other motor vehicle parts;
(11) Other items or personal property which are not customarily used or stored
outside or which are not made of a material that is resistant to damage or
deterioration from exposure to the outside environment;
(12) Barrels, boxes and buckets; or
(13) Trash, garbage or other refuse.
(b) Children's play equipment may not be maintained in the front yard between the
front building line and the curb or the street.
(c) Smokers, barbeque grills or any, other type of outdoor cooking equipment may not
be maintained in the front yard between the front building line and the curb or the
street.
(d) No screening or storage requirements apply to (b) and (c) provided the items are
maintained behind the front building Line.
SECTION 13. That Chapter 21 of the Code of Ordinances of the City ("Offenses") be
and the same is hereby amended by amending Section.21-55(c) "Owner responsibility" by
allowing for delivery of the notice of violation by delivery in person, notice left on the property
or notice by United States mail delivery. Section 21-55(c) shall read as follows:
Sec. 21-55. Owner responsibility.
(c) Notice of the violation may beddelivered to the owner or occupant in person, by
notice left at the location, or mailed to the owner's address as recorded in the
appraisal district records of the appraisal district in which the property is located,
and delivered by United States mail. If the owner cannot be found or the notice is
returned by the United States Postal Service as undeliverable, then the owner may
be notified by:
(1) Publication at least twice within ten (] 0) consecutive days;
(2) Posting notice of the violation on or near the front door of each building
on the property in violation; or
(3) If the property contains no buildings, posting the notice of a violation on a
placard attached to a stake driven into the ground on the property.
(d) The owner of the property subject to abatement under this article may appeal the
decision of the designee by requesting a hearing by notifying, in writing, the
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designee within fourteen (14) days following the receipt of the notice. The
hearing shall be conducted by the designee for the purpose of determining
whether the conditions constitute a public nuisance under the provisions of this
article. The owner shall be provided written notice of the time and place of the
hearing at least ten (10) days prior thereto. At the hearing, the owner and the
designee may present evidence relevant to the proceeding. The designee's
decision shall be final.
(e) if the owner fails to timely abate the graffiti or request a hearing, or if it is
determined at the hearing that the graffiti constitutes a nuisance, the designee will
assess expenses, and place a lien on the property.
(~ Prior to the filing of a lien, the designee shall mail the owner an invoice for the
costs of removal. In the event the invoice is not paid within thirty (30) days, a lien
shall be filed on the property.
(g) An owner maintains a public nuisance if he fails to remove graffiti or refuses to
allow graffiti to be removed from his property after having been notified by the
city or in the event of appeal, upon order by the designee.
SECTION 14. That Chapter 24 of the Code of Ordinances of the City ("Solid Waste") be
and the same is hereby amended by amending Section 24-43 "Residential collection service" by
amending subsection (d) regarding the removal of solid waste containers after collection.
Section 24-43 shall read as follows:
Sec. 24-43. Residential collection service.
(a) All single family residents within the city shall place their residential refuse and
recyclables at the curb as specif ed by the director of solid waste or designee.
(b) Residential refuse and recyclables shall be placed at the curb no earlier than 6:00
p.m. on the day prior to the ischeduled collection day. To ensure collection,
residential refuse and recyclables should be placed at the curb by 7:00 a.m. on the
day of collection.
(c) Customers whose refuse or recyclables were not collected because; they were not
placed at the proper location, they contained unacceptable materials, or they were
not placed out for collection by the required time, shall not be collected until the
next regularly scheduled collection service.
(d) Containers, receptacles and any unaccepted waste or recyclables, shall be
removed from the curb or other designated collection point by the customer no
later than 8:00 a.m. on the day following the scheduled collection day. Upon
removal from the curb, containers or receptacles shall be stored in as
inconspicuous a location as possible, such as:
(1) in a garage,
(2) in an outdoor storage building,
(3) on the side of a structure on the property, or
(4) at the back of a structure on the property.
At no point shall a container,'receptacle or unaccepted waste or recyclables be
stored or remain in public view in the front yard, on the front porch, or in front of
the main structure on the property.
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(e) All refuse and recyclable containers shall securely contain all contents, and shall
be capable of being handled without spillage. Refuse and recyclables determined
by the city to not be properly contained shall not be collected.
SECTION 15. 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 effect 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 16. Save and except as amended hereby, all the provisions, sections;
subsections, paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain
in full force and effect.
SECTION 17. 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 18. This ordinance providing for a penalty 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 ~ ~ "~Z day of %~"(~ , 2007.
i
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PE R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY: by
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