ORD 1990-02ORDINANCE NO. 50-02
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 90-02
AN ORDINANCE OF THE TOWN OF TROPHY CLUB,
TEXAS AMENDING TOWN ORDINANCE NO. 89-17
(RELATING TO FENCE REGULATIONS) TO CHANGE
THE DEFINITION OF THE TERM "FENCE" AND TO
PERMIT RIGID LOCK DOWN COVERS IN LIEU OF
FENCING OF SPAS; PROVIDING A PENALTY OF NOT
TO EXCEED FIVE HUNDRED DOLLARS ($500.00) FOR
EACH OFFENSE; DECLARING AN EMERGENCY;
PROVIDING A SEVERABILITY CLAUSE AND
PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB, TEXAS, AS FOLLOWS:
Section 1. Ordinance No. 89-17 of the Town of Trophy
Club, Texas is hereby amended in the following respects.
A. Paragraph A of Section 2 of said Ordinance is
amended in its entirety to read as follows:
"A. Fence shall mean any wall or structure
more than eighteen (18) inches in height
constructed for the purpose of enclosing,
screening, restricting access to, retaining
or decorating any lot, building or
structure."
B. Paragraph A of Section 5 of said Ordinance is
amended by adding the following language thereto:
"Rigid lock down covers may be allowed in
connection with spas in lieu of a fence,
provided prior approval is given through
application for a fence permit and further
provided that the cover is kept locked at
all times the spa is not in use."
Section 2. That Ordinance No. 89-17, as amended by
this Ordinance, shall be cumulative of all other ordinances of
the Town affecting fences and shall not repeal any of the
provisions of said ordinances except in those instances where
provisions of those ordinances are in direct conflict with the
provisions of this Ordinance; provided that any action, cause
of action or claim which has been initiated or has arisen under
or pursuant to Ordinance No. 89-17 shall continue to be
governed by the provisions of said Ordinance as in effect prior
to this Amendment.
Section 3. if any section, article, paragraph,
sentence, clause, phrase or word in this ordinance, or
application thereof to any persons' or circumstances 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 4. Any person violating any of the provisions
of Ordinance No. 84--17, as amended by this Ordinance, shall be
deemed guilty of a misdemeanor and upon conviction thereof
shall be fined in a sum not to exceed Five Hundred Dollars
($500.00) and a separate offense shall be deemed committed upon
each day during or on which a violation occurs or continues.
Section 5. This 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 -6---- day of __ _-Februar,• _ , 1950.
Mayor, Town of Trophy Club,
Texas
Town of Trophy Club, Texas
APPROVED AS TO FORM:
Town Attorney,
Town of Trophy Club, Texas
-2-
0748X
b February