ORD 1994-20ll�
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ORDINANCE 1995-06
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 94-20
AN ORDINANCE OF THE TOWN OF TROPHY CLUB,
TEXAS ESTABLISHING SIGN REGULATIONS;
PROVIDING DEFINITIONS; PROVIDING REGULATIONS
RELATING TO THE TYPE, HEIGHT, LOCATION, SIZE
AND DURATION OF USE OF SIGNS; ESTABLISHING
STANDARDS IN THE USE OF POLITICAL, REAL
ESTATE, SALE, PROTECTIVE, COMMERCIAL AND
OTHER SIGNS; PROVIDING A PROCEDURE FOR A
MERITORIOUS EXCEPTION TO THIS ORDINANCE;
PROHIBITING THE ERECTION OF ANY SIGN NOT
OTHERWISE AUTHORIZED AND PROVIDING THAT
SIGNS PERMANENTLY AFFIXED TO THE GROUND ON
THE EFFECTIVE DATE OF THIS ORDINANCE SHALL
CONSTITUTE VALID, NON -CONFORMING SIGNS;
REGULATING GRAFFITI BY REQUIRING THE OWNER
OF ANY PROPERTY TO REMOVE THEREFROM ANY
GRAFFITI THAT IS VISIBLE TO THE PUBLIC;
PROVIDING THAT NOTICE SHALL BE GIVEN PRIOR
TO REQUIRING THE REMOVAL OF GRAFFITI;
REQUIRING NOTICE TO GOVERNMENTAL ENTITIES
ON WHOSE PROPERTY GRAFFITI EXISTS; PROVIDING
EXCEPTIONS AND DEFENSES; PROVIDING
DEFINITIONS; PROVIDING THAT IT SHALL BE AN
OFFENSE FOR THE PARENT OF A MINOR TO
KNOWINGLY PERMIT, OR BY INSUFFICIENT CONTROL
TO ALLOW, THE MINOR TO PLACE GRAFFITI ON
PROPERTY WITHOUT THE OWNER'S CONSENT;
PROVIDING A SAVINGS CLAUSE; REPEALING
ORDINANCE NO. 92-12 RELATING TO SIGNS;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY OF NOT LESS THAN ONE DOLLAR ($1.00)
NOR MORE THAN FIVE HUNDRED DOLLARS ($500.00)
FOR EACH OFFENSE AND A SEPARATE OFFENSE
SHALL BE DEEMED COMMITTED EACH DAY DURING
OR ON WHICH A VIOLATION OCCURS OR
CONTINUES; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club, Texas (the "Town")
recognizes the importance of freedom of speech as guaranteed by the First Amendment to
the United States Constitution; and
WHEREAS, the Town Council finds and recognizes that any regulation of speech
must be reasonable and advance a legitimate governmental interest; and
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WHEREAS, the Town Council desires to restrict the visual blight and reduce the
traffic hazards caused by the erection of signs; and
WHEREAS, the Town Council has heretofore adopted Ordinance No. 92-12 relating
to signs, and it is the intent of the Council, by the adoption of this Ordinance, to restate
without substantive change the regulations set forth in Ordinance No. 92-12 and to add to
the sign regulations certain standards relating to the control of graffiti; and
WHEREAS, the Town of Trophy Club, Texas (the "Town") is authorized and
empowered pursuant to §51.001,Tex. Loc. Gov. Code, to adopt any ordinance for the good
government and order of the Town; and
WHEREAS, in recent months the Town has been experiencing the deleterious and
damaging effect of graffiti placed on buildings and structures located within the Town; and
WHEREAS, the Town Council does hereby find that allowing graffiti to remain for
extended periods of time on buildings and structures located within the Town has a
damaging effect on the appearance of the Town and, consequently, on the value of property
located within the Town; and
WHEREAS, the Town Council finds that the regulations adopted herein are in the
best of interest of the health, safety and welfare of the citizens of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. That all of the above premises are found to be true and correct and are
incorporated into the body of this ordinance as if copied in their entirety.
Section 2. Definitions. Unless otherwise provided for herein, the following terms
shall have the respective meanings ascribed to them:
A. "Nameplate signs" means a permanent sign affixed to the exterior wall of a
building, giving the name and/or address of the owner or occupant of a building or premises
in which it is located, and, when applicable, a professional status.
B. "On -premises signs" means a permanent sign which directs attention to a
business or profession conducted, or to a commodity or service sold or offered, on the
premises where the sign is located or to which it is affixed.
C. "Real estate signs" means a temporary sign supported by the ground pertaining
to the sale or lease of the lot or tract of land on which the sign is located, or to the sale or
lease of one or more structures, or a portion thereof located thereon. Said sign shall be
removed upon the sale or lease of the property.
D. "Political signs" means a temporary sign attached to or supported by the
ground, that is in support of a candidate for elected public office or is in support of or in
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opposition to any proposition that is on the election ballot of an election duly called.
E. "Portable sign" means any temporary sign supported by the ground but not
attached to the ground, which can be regularly moved from a location at periodic intervals,
and is used for advertising purposes connected to, adjacent to or in close proximity of the
business or other establishment that is being advertised. Includes signs mounted on trailers
and sandwich board signs, but does not include governmental signs, political signs or real
estate signs as described in Section 6 of this Ordinance.
F. "Protective sign" means any sign which is commonly associated with
safeguarding the safety and security of the permitted uses of a premises, including, but not
limited to, "Beware of Dog," "No Trespassing" and "No Solicitors."
G. "Premises" means a lot or unplatted tract, or a combination of contiguous lots
or unplatted tracts if the lots or tracts, or combination thereof, is under a single ownership
as reflected in the plat or real estate records of the Town of Trophy Club or of Denton or
Tarrant Counties. Multitenant locations shall be considered as one (1) tract.
H. "Sign" means any device, flag, light, picture, letter, word, message, symbol,
plaque, banner or poster visible from outside the premises or structure on which it is
located.
1. "Vehicular signs" means any sign on or in a vehicle moving along the ground
or on any vehicle parked temporarily, incidental to its principal use for transportation. This
definition shall not include signs which are being transported to a site of permanent erection
or lettering of company vehicle that advertises only the company name and address.
J. "Wall sign" means any sign attached or affixed parallel or flat to an exterior
wall surface of a building and does not extend or project more than twelve inches from the
wall.
K. "Projection sign" means a sign which is attached or affixed to a building, wall
or structure other than a pole, and extends or projects more than twelve inches from the
wall.
L. "Canopy sign" means a sign which is structurally part of a canopy.
M. "Window sign" means a sign painted on or permanently affixed to a window
or window area.
N. "Roof sign" means any sign supported by the roof of a building or placed
above the apparent flat roof or eaves of a building as viewed from any elevation.
O. "Monument sign" means a sign not wholly supported on a building, or which
has the ground as its supporting structure, also known as a ground sign (other than a pole
sign and a portable sign).
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P. "Pole sign" means a sign supported by and placed upon poles or standards for
support, also known as a pylon sign.
Q. "Permanent sign" means all signs are considered to be permanent unless
otherwise stipulated to be temporary by this Ordinance or deemed to be temporary by the
Designated Official.
R. "Designated official" means the Town Manager or the employee or official of
the Town to whom the authority for enforcement of certain provisions of this Ordinance is
delegated by the Town Manager,
Reference is made to the schematic representation attached hereto as Exhibit A for
explanation and clarification of the categories of signs defined hereinabove.
Section 3. General Standards.
A. Height of Signs - Sign height shall be measured from ground level at the base
of or below the sign to the highest part of the sign.
B. Building and Electrical Codes Applicable - All signs must conform to the
regulations and design standards of the Building Code and other ordinances of the Town.
Wiring of all electrical signs must conform to the Electric Code of the Town.
C. Illuminated Signs - Signs shall be shaded wherever necessary to avoid casting
a bright light upon property located in any residential district or upon any public street or
park. Any sign located on a lot adjacent to or across the street from any residential district,
which sign is visible from such residential district, shall not be illuminated. No neon or any
other similar type signs will be permitted. Signs, except those required for security, shall not
be illuminated between the hours of 10:00 p.m. and 7:00 a. m.
D. Flashing or Moving Signs - No flashing signs, rotating or moving signs,
animated signs, signs with moving lights, or signs which create the illusion of movement shall
be permitted.
E. Accessway or Window - No sign shall block any required accessway or window.
F. Signs on Trees or Utility Poles - No sign shall be attached to a tree, utility
pole, or fence post whether on public or private property.
G. Whenever, a sign is damaged by wind, is inadequately maintained, the
construction is faulty, or it is damaged by any other cause, it shall be considered a public
nuisance and the owner shall be required to repair such sign substantially to its original
condition as determined by the Designated Official, or at the owner's election such sign shall
be removed. A sign which has been permitted to remain in place as a nonconforming use
shall be removed when the sign, or a substantial part of it, is blown down or otherwise
destroyed or dismantled for any purpose other than maintenance operations or for changing
the letters, symbols or other material on the sign. For purposes of this ordinance, a sign or
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a substantial part of it is considered to have been destroyed only if the cost of repairing the
sign is more than sixty per cent (60 %) of the cost of erecting a new sign of the same type
at the same location.
Section 4. Traffic Safe1y,
A. No sign shall be erected or maintained at any location where by reason of its
position, size, shape or color, it may obstruct, impair, obscure, interfere with the view of, or
be confused with any traffic control sign, signal or device, or where it may interfere with,
mislead or confuse traffic.
B. No sign shall be located in any vision triangle formed by the center lines of any
two intersecting streets. At any intersection where at least one of the intersecting streets is
an arterial street (as defined in the Thoroughfare Plan of the Town) the sides of the triangle
formed by the center lines of the intersecting streets shall be 120 feet in length as measured
outward from the point of intersection of such center lines. At all other intersections, each
of such sides shall be 80 feet in length.
Section 5. Political Signs.
A. Placement: Removal: Appeal from Notice to Remove, - Temporary political
signs, irrespective of the provisions of any other ordinance or ordinances of the Town, may
be placed on private property provided the Designated Official does not conclude that the
placement of same constitutes a traffic hazard or endangers the health, safety, morals and
general welfare of the citizens of the Town. The Designated Official may direct any such
sign to be removed. The occupant may appeal the decision of the Designated Official to the
Town Council by submitting a written appeal to the Town Secretary within two (2) days of
receipt of notice to remove. The Town Council's decision shall be final. No political signs
may be erected on public rights-of-way. No signs may be erected on vacant lots or tracts
unless written permission has been given by the property owner. Political signs may be
erected 7 days in advance of the election and must be removed within 3 days following the
election.
B. Location and Size - A temporary political sign may be erected in the required
front yard of a dwelling no closer than ten (10) feet to any street curb line, provided that
only one (1) sign per candidate or issue not exceeding three (3) square feet and three (3)
feet in height, as measured from the ground, may be erected. No more than two (2) of such
signs shall be erected on any zoning lot.
C. Removal Period: Procedure in Event of Non -Removal - All political signs shall
be removed within a period not to exceed three (3) days after the election for which the sign
was placed. Failure to remove said sign within the stated period shall give the Designated
Official the authority to remove said sign and to affix a lien against the property for the
reasonable cost of removal. In order to affix a lien against the property, the Designated
Official shall follow the provisions outlined in Chapter 342, Texas Health and Safety Code
(Sections 342.001 et. seq.), as amended, and such provisions are adopted and incorporated
herein as if set forth herein in their entirety.
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Section 6. Real Estate Signs - Real estate signs are authorized to be erected, in
addition to permanent signage, in accordance with the following provisions:
A. Real estate signs include:
(1) real estate advertising signs that advertise a builder, developer, owner, or
realtor by showing a name, address, and/or telephone number for the purpose
of selling or renting a particular property on which the sign is placed;
(2) "open house" signs indicating that a house on the lot on which the sign is
placed is available for viewing by the public; and
(3) directional signs showing arrows or other means of locational direction.
B. The following regulations shall apply to all real estate signs:
(1) Signs shall be limited to four (4) square feet in area on each side. Signs larger
than four (4) square feet shall be considered as being commercial signs and
shall be subject to Section 8 of this Ordinance.
(2) Signs shall be temporary and will be removed upon sale or rental of property.
(3) The maximum height of such signs shall not exceed four (4) feet, as measured
from the ground.
(4) Real estate signs (including advertising, "open house" and directional signs, as
categorized in Section 6.A above) on all lots other than golf course lots shall
be limited to one advertising sign and one "open house" or directional sign
(during the hours permitted by Section 6(b)(7) hereof) per lot. On lots which
adjoin a golf course, one additional real estate advertising sign may be placed
to face the golf course.
(5) A maximum of three (3) directional signs may be placed off-site for each
premises (whether one or more lots or tracts) offered for sale or lease.
(6) Except as provided in paragraph B. (4) above, all real estate advertising signs
shall be located in the front yard or side yard adjacent to the street. The edge
of any real estate advertising sign shall be placed no closer than ten (10) feet
from the street curb or edge of pavement. In the event such sign is not in
compliance, the Town may remove the sign.
(7) "Open house" signs and directional signs located off premises for unoccupied
houses shall be permitted only between the hours of 8:00 A.M. on Saturday
through 8:00 P.M. on Sunday. The edge of any "open house" or directional
sign shall be placed no closer than three (3) feet from the street, curb or edge
of pavement. In the event such sign is not in compliance, the Town may
remove the sign.
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(8) Signs shall be constructed of all weather durable material, painted
appropriately and maintained in good condition. Any sign that is dented,
faded or unclean shall be replaced. In the event such sign is not replaced, the
Town may remove the sign.
(9) Real estate signs may not, at any time, be placed in the medians of Trophy
Club Drive, Trophy Lake Drive, Trophy Wood Drive or Indian Creek Drive.
Section 7. Provisions for all Areas and Zoning Districts - The following provisions
shall apply to all areas and zoning districts of the Town:
A. Government Signs - Nothing in this ordinance shall be construed to prevent
the display of a national or state flag, or to limit flags, insignias, legal notices, or
informational, directional or traffic signs which are legally required or necessary to the
essential functions of government agencies.
B. Address numerals and other signs required to be maintained by law or
governmental order, rule or regulation are allowed, provided that the content and size of the
sign do not exceed the requirements of such law, order, rule or regulation.
C. The occupant of a premises may erect not more than two (2) protective signs
in accordance with the following provisions:
(1) Each sign must not exceed one (1) square foot in effective area;
(2) Detached signs must not exceed two (2) feet in height; and
(3) Letters must not exceed four (4) inches in height.
D. Temporary holiday decorations are permitted.
E. Vehicular signs are prohibited. However, vehicular signs shall be allowed on
construction trailers, on construction sites and signs on transport vehicles being loaded or
unloaded and passenger vehicles parked at the owner's or user's place of residence or
business.
Section 8. Commercial signs. Signs used for the purpose of identification,
advertisement and for marketing of professions, services, or products shall be subject to the
following provisions. In addition, non-commercial signs used for schools, churches,
governmental establishments and similar charitable, religious, educational or eleemosynary
institutions shall also be subject to the following provisions:
A. Signs in areas zoned "CG - Commercial General", "CR - Commercial
Recreation", "GU - Governmental Use", or located within a Planned Development district
or used for commercial purposes shall be on -premises signs.
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be: B. Number of Signs Permitted: The number of signs permitted on premises shall
{1} Nameplate Signs: One (1) per lease space.
(2) Monument Signs: One (1) per premises (not allowed if pole sign is erected
on site).
(3) Wall Signs: One (1) sign for each exterior wall which exceeds 200 square feet,
but not to exceed a total of three signs per premises.
(4) Roof Signs: Not permitted.
(5) Pole Signs: One (1) per premises (not allowed if a monument sign is erected
on site).
(6) Projection Signs: Not permitted.
(7) Window Signs: Not permitted.
(8) Canopy Signs: Not permitted.
(9) Billboard: Permitted only along S.H. 114 upon special permit recommended
by Planning and Zoning Commission and approved by Town Council.
(10) Portable Signs: Not permitted.
C. Maximum Gross Surface Area: The face of each sign shall not exceed the
following gross surface area:
(1) Nameplate Signs: Two (2) square feet.
(2) Monument Signs: Twenty-four (24) square feet.
(3) Wall Signs: Six (6) square feet per sign,
(4) Window Signs: Not permitted.
(5) Canopy Signs: Not permitted.
(6) Roof Signs: Not permitted.
(7) Pole Signs: Twenty-four (24) square feet.
(8) Projection Signs: Not permitted.
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(9) Billboard: As approved by the Town Council upon recommendation by the
Planning and Zoning Commission.
(10) Portable signs: Not permitted.
D. The height of monument or pole signs shall not exceed four (4) feet from
average ground level.
E. No commercial sign shall be allowed which is painted on the wall of any
building or to any part of a building.
F. Signs owned, constructed and used by the Town to provide information,
direction and enforcement shall be exempt from these requirements.
Section 9. Permissible Signs Not Requiring Permits. The following signs shall not
require a sign permit. These exceptions shall not be construed as relieving the owner of the
sign from the responsibilities of its erection and maintenance, and its compliance with the
provisions of this Ordinance or any other law or code regarding the same:
(1) Nameplate Signs: As permitted in Section S.
(2) Real Estate Signs: Although a sign permit will not be required, notification
to the Town and property owners must be provided as indicated in Section 6.
(3) Holiday Decorations: Signs or materials displayed in a temporary manner on
or prior to traditional, civic, patriotic or religious holidays.
(4) Vehicle Sign: Signs located on motor vehicles or trailers bearing current
license plates and inspection stickers, when appropriate, which are traveling
or lawfully parked upon public roadways or lawfully parked upon any other
premises for a period not to exceed four hours or for a longer period where
the primary purpose of such parking is not the display of any sign.
(5) Changeable Copy: The changing of advertising copy or message on a painted
or printed sign, or the changing of advertising copy or message on a
changeable reader board specially designed for use of replaceable copy.
(6) Political Signs: As permitted in Section 5.
(7) Internal Signs: Signs visible only from the premises on which located or
visible off the premises only through a window or windows from which they
are set back at least ten (10) feet.
(S) Government Signs: Signs posted by duly constituted governmental authorities
in pursuance of their public duties.
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(9) Memorial Sign: Markers, plates, plaques, etc., when deemed an integral part
of a structure, building or landscape.
(10) National and/or State Flag: Display of flags is permitted.
(11) Other Signs: As and to the extent permitted by Section 7 of this ordinance.
Section 10. Permit Requirements. Except as herein provided, no permanent sign
shall be erected, placed, displayed or located without first obtaining a sign permit from the
Town.
A. Application for Permit: Application for a permit for a permanent sign shall
be made in writing upon forms furnished by the official so designated to do so by the Town
Manager. Such application shall contain the location by street and address number of the
proposed sign structure, height, area, sign function, as well as the name, address and phone
number of the owner and sign contractor or erector. The Designated Official may require
the filing of plans or other pertinent information which, in the Official's opinion, such
information is necessary to ensure compliance with this Ordinance.
B. Termination of Permit: A sign permit may be terminated in accordance with
the following provisions:
(1) A permit shall be active for the life of the sign, as long as it is in compliance
with this Ordinance.
(2) A permit shall be terminated if the sign for which it has been issued has not
been constructed within one year from the date of issuance.
(3) A per -mit issued for any sign and its supporting structures shall automatically
terminate in the event the sign shall fail and not be corrected within 60 days.
(4) A permit issued for any sign including its supporting structure shall
automatically terminate in the event the sign shall fail and not be corrected
within 60 days.
C. Permit Fees: A sign permit fee shall be paid to the Town in accordance with
the most current fee schedule adopted by the Town.
Section 11. Nonconforming Uses.
A. Any sign that does not conform to the regulations stated herein shall be
deemed a nonconforming sign and shall be subject to the provision of Section 3.G, of this
Ordinance. It is the declared purpose of this section that nonconforming signs and signs
directing attention to nonconforming uses eventually discontinue and the signage comply with
the regulations stated herein, having due regard for the investment in such signs.
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B. The Designated Official, after ten (10) days' written notice to the owner of the
premises on which the sign is located, shall have the authority to remove any nonconforming
sign which either (1) was not permanently affixed to the ground on the effective date of this
ordinance, or (2) was erected in violation of a Town ordinance in effect at the time of its
erection.
C. The Town Council may order nonconforming signs which (1) are permanently
affixed to the ground on the effective date of this Ordinance, (2) were erected in conformity
with Town ordinances in effect at the time of their erection and (3) remain in place after
six (6) months from the effective date of this Ordinance, to be removed upon and subject
to compliance with Chapter 216, Texas Local Government Code.
D. Any lawfully existing nonconforming use or building may erect and maintain
a sign in accordance with the regulations contained herein.
Section 12. Meritorious ,Exceptions and Appeals.
A. In the development of these criteria, a primary objective has been ensuring
against the kind of signage that has led to low visual quality. On the other hand, another
primary objective has been the guarding against signage over -control.
B. It is not the intention of these criteria to discourage innovation. It is entirely
conceivable that signage proposals could be made that, while clearly nonconforming to this
Ordinance and thus not allowable under these criteria, have obvious merit in not only being
appropriate to the particular site or location, but also in making a positive contribution to
the visual environment.
Upon request of an interested party, the Town Council shall hear and shall seriously
and fairly consider a request for a meritorious exception under this Section 12.13.
C. In order to determine the suitability of alternate materials and methods of
construction and to provide for reasonable interpretation of the provisions of this Ordinance,
the Town Council shall hear appeals with respect to any actions of the Designated Official
in the interpretation and enforcement of this Ordinance. Any such appeal shall be brought
by written application filed by an interested party with the Town. Manager within ten (10)
days after the action of the Designated Official which is the subject of the appeal, and
enforcement of this Ordinance shall be stayed pending such appeal. In hearing such
appeals, the Council shall review the determination of the Designated Official and, in so
doing, may consider whether or not the regulations and standards of this Ordinance will, by
reason of exceptional circumstances or surroundings, constitute a practical difficulty or
unnecessary hardship. A decision of the Council shall be final.
Section 13. Prohibition. All signs not specifically authorized herein are prohibited.
The Designated Official shall have the authority to remove any sign in violation of this
Ordinance which is not permanently affixed to the ground on the effective date of this
Ordinance.
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Section 14. Graffiti.
A. Definitions. In this Section, the following definitions shall have the respective
meanings ascribed to them:
1. "Graffiti" means any marking, including, but not limited to, any inscription,
slogan, drawing, painting, symbol, logo, name, character, or figure, that is made in any
manner on tangible property.
2. "Guardian" means:
(a) a person who, under court order, is the guardian of the person of a minor; or
(b) a public or private agency with whom a minor has been placed by a court.
3. "Minor" means a person under 18 years of age who is not and has not been
married or who has not had his disabilities of minority removed for general purposes.
4. "Owner" means any person with the legal right of possession to any property.
5. "Parent" means the mother, a man presumed to be the biological father or a
man who has been adjudicated to be the biological father by a court of competent
jurisdiction, or an adoptive mother or father, but does not include a parent as to whom the
parent-child relationship has been terminated.
6. "Property" means any tangible personal or real property.
B. Graffiti rohibited, The owner of any property in the Town commits an
offense if the Owner fails to remove all graffiti from the property that is visible from any
public property, easement or right-of-way or that is visible only from any private property,
unless the graffiti was created or placed on the property with the Owner's consent and does
not violate the Town's sign regulations or any other applicable ordinance, regulation or State
or federal law.
C. Notice.
1. Before issuing a citation for a violation of this Ordinance, the Designated
Official shall serve an Owner with written notice to remove the graffiti from the property
within twenty-one (21) calendar days from the date the notice is served. The notice may be
served by hand -delivery to the Owner or by depositing the same in the United States
certified mail, return receipt requested, addressed to the Owner at the Owner's address as
shown on the most recent certified tax roll of the Town. If the Owner cannot be located
and the notice is returned undelivered by the United States Postal Service, then the Owner
may be notified by:
(a) publication two (2) times within ten (10) consecutive days in the Town's official
newspaper;
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(b) posting the notice on or near the front door of each building on the premises
to which the violation relates; or
(c) posting the notice on a placard attached to a stake driven into the ground on
the premises to which the violation relates, if the premises do not contain a building.
2. The twenty-one (21) calendar days referenced in Section 3 hereof shall be
counted as follows:
(a) from the date the notice is personally served on the Owner; or
(b) from the sixth day after the date the notice is placed in the United States
certified mail; or
(c) if the Owner cannot be found or in the event the notice is returned by the
United States Postal Service, from the date the notice is:
(i) published for the second time in accordance with Section 3.A.; or
(ii) posted in accordance with Section 3.13.
that: D. Defenses. It is a defense to prosecution under Section 3 of this Ordinance
1. no notice was served on the Owner in compliance with this Ordinance;
2. the Owner has removed the graffiti from the property in question three (3) or
more times within the 12 month period preceding the date of the citation; or
3. before being issued a citation, the Owner gave the Designated Official written
authorization to allow persons to enter onto the property and remove the graffiti pursuant
to a volunteer or community service program approved by the Designated Official in which
the Owner is eligible to participate.
E. Notice to governmental entities. The Designated Official shall notify the Town
and any other governmental entity whenever property owned by or under the control of the
Town or governmental entity contains graffiti in violation of this Ordinance. The Town or
any other governmental entity shall remove any such graffiti from its property within twenty
(2 1) days from the date of the notice.
F. Parental control. A parent commits an offense if the parent knowingly
permits, or by insufficient control allows, the minor to create or place graffiti on property
in the Town without the property Owner's consent.
Section 15. Savings: Repealer. That this Ordinance shall be cumulative of all other
ordinances of the Town affecting signs and shall not repeal any of the provisions of said
ordinances except in those instances where provisions of those ordinances are in direct
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conflict with the provisions of this Ordinance; provided, however, that Ordinance Nos. 92-12
is hereby repealed in its entirety, but provided that any complaint, action, cause of action
or claim which prior to the effective date of this Ordinance has been initiated or has arisen
under or pursuant to the said repealed Ordinance shall continue to be governed by the
provisions of that Ordinance and for that purpose Ordinance No. 92-12 shall be deemed to
remain and continue in full force and effect.
Section 16. Severability. If any section, article, paragraph, sentence, clause, phrase
or word in this Ordinance, or application thereto, any person or circumstance is held invalid
or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this Ordinance; and the Town Council hereby declares
it would have passed such remaining portions of the Ordinance despite such invalidity, which
remaining portions shall remain in full force and effect.
Section 16. Penalty. Any person violating any of the provisions of this Ordinance
shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a
fine in a sum not to exceed Five Hundred Dollars ($500.00) for each offense and a separate
offense shall be deemed committed upon each day during or on which a violation occurs or
continues.
Section 17. Effective Date. That this Ordinance shall become effective from and
after its date of passage and publication as required by law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas this the 18th day of October —51994.
ATTEST:
4 -
Town Secretary,
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
Town A or ey,
Town of Trophy Club, Texas
-14-
DOC #: 204591
or, Town of Trophy Club, Texas