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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 Page 2 of 3 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 ~ Page 3 of 3 EXHIBIT A