2000-045 ORDINANCE NO d~0~1' O~ff""
AN ORDINANCE AMENDING CHAPTER 24 "SOLID WASTE" OF THE CODE OF
ORDINANCES OF THE CITY OF DENTON, BY ADDING ARTICLE IV "POSSESSION OF
OPEN GLASS CONTAINERS IN FRY STREET DISTRICT", PROVIDING A
SEVERABILITY CLAUSE, PROVIDING A PENALTY OF NOT LESS THAN $25 00 NOR
MORE THAN THE MAXIMUM AMOUNT OF $500 00 FOR VIOLATIONS THEREOF,
AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the C~ty Council of the C~ty of Denton, Texas hereby finds that a pubhc
nmsance of carrying glass open containers m pubhc places has been created m that area of the
C~ty of Denton commonly known as the Fry Street D~stnct, and
WHEREAS, such nmsance includes the accumulataon of broken glass in and about pubhc
sidewalks and streets w~thm the Fry Street D~stnct, and
WHEREAS, the C~ty Council of the City of Denton hereby finds that ~t is in the pubhc
interest to proh~bxt the possession of glass open containers, w~th certain excepUons, w~thm the
Fry Street District,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY
ORDAINS
T~ Chapter 24, "Sohd Waste", of the Code of Ordinances of the CRy of
Denton, Texas is hereby amended to add ARTICLE IV "POSSESSION OF OPEN GLASS
CONTAINERS IN THE FRY STREET DISTRICT" so as to read m ~ts entirety as follows
ARTICLE IV. POSSESSION OF OPEN GLASS CONTAINERS
IN FRY STREET DISTRICT
Sec 24-71 Definitions
Fry Street District refers to the area as described m Zoning Ordinance No 2000-044 as the
Fry Street D~stnct The Fry Street D~stnct ~s generally bounded by Welch Street to the east, Oak
Street to the North, Ave B to the northwest, Ave A to the southwest, Mulberry Street to the
southeast, and H~ckory Street to the southwest, which ~s dcp~ctcd m Exhibit "A" attached hereto
and made a part hereof by reference
Glass Container' means any glass bottle or receptacle, closed or capable of being closed
Sec 24-72. Prohibit~on of Open Glass Contmners.
(A) Proh~b~taons No person shall possess w~thln the Fry Street D~stnct upon or
~mmedmtely adjacent to any right-of-way, street, s~dewalk, pedestrian way, or
parking area, any glass contmner whmh ~s open or has been previously opened
except for use on the premases where the glass contmners are acquired
CB) Exemptions Notwithstanding any other provlsaon of th~s section, nothing ~n this
sectaon shall prohabat the possessaon of the following glass contmners in the Fry
Street Dastnct
(1) Baby bottles contaamng products for consumption by babies,
(2) Glass drag contmners contmmng prescnpUon drugs,
(3) Glass contmners that are being transported ~n a trash bag directly to a trash or
recychng contmner for d~sposal or recychng purposes,
(4) Glass hned vacuum pacnlc contmners or thermos bottles, and
(5) Any conttuner as permitted by Texas Alcohohc Beverage Code Ann §
28 10(b)
See 24-74. Discretion of Pohee Officer.
Whenever any pohce officer shall, ~n the exercise of reasonable judgement, decide that the
presence of any person an any pubhc place ~s causing or is hkely to cause any of the conditions
enumerated an Subsection 24-73(A), he may, if he deems ~t necessary for the preservation of
pubhc peace and safety, order that person to leave that place and surrender the open glass
contmner Any person who shall refuse to leave or surrender an open glass container aRer being
ordered to do so by a police officer shall be in violation of this section
~ If any prows~on of any sectaon of this ordinance shall be held to be voad or
unconstitutional, such holding shall m no way effect the vahdlty of the remmnlng provisions or
sections of tlus ordinance, which shall remmn in full force and effect
~ Any person, firm or corporation wolattng any of the provisions of th~s
chapter shall be deemed gmlty of a m~sdemeanor, and upon conwct~on thereof shall be
punishable by a fine of not less than twenty-five dollars ($25 00) nor more than five Hundred
dollars ($500 00) Each day such violation shall be continue or be permitted to continue, shall be
deemed a separate offense
E T/~_Q!!_O...h~ This ordinance shall become effective fourteen (14) days from the date of
~ts passage, and the City Secretary as hereby directed to cause the caption of th~s ordinance to be
published twine in the Denton Record-Chromcle, a dmly newspaper pubhshed m the City of
Denton, Texas, wathan ten (10) days of the date of passage
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PASSED AND APPROVED thls the /~Sj~ dayof "~~ ,2000
JAC~I~LL~R, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
By ~
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EXHIBIT A