ORD 1986-28 Impoundment of VehiclesT
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO, R 86-28
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
PROVIDING FOR THE REMOVAL AND IMPOUNDMENT OF ANY
ILLEGALLY PARKED, STOPPED OR STANDING VEHICLE LO-
CATED UPON ANY STREET, HIGHWAY OR ALLEY WITHIN THE
CORPORATE LIMITS OF THE TOWN; ESTABLISHING A PRO-
CEDURE FOR REMOVING SUCH VEHICLES; ESTABLISHING AN
IMPOUNDING FEE; DECLARING THE STOPPING, STANDING OR
PARKING OF VEHICLES IN VIOLATION OF OTHER TOWN
ORDINANCES AS NUISANCES PER SE; PROVIDING A SAVINGS
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY NOT TO EXCEED THE SUM OF ONE THOUSAND
DOLLARS ($1,000.00) FOR EACH OFFENSE AND A SEPARATE
OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING
OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PRO-
VIDING AN EFFECTIVE DATE.
WHEREAS, there currently exists within the Town of Trophy Club, Texas
(the "Town") a continuing problem with illegally parked, stopped or standing
vehicles on the Town's streets, highway, alleys and other public rights-of-way;
and
WHEREAS, the Town Council finds and recognizes that such illegally
parked, stopped or standing vehicles constitute an eyesore, create a visual blight
and are a hazard and obstacle to the provision of fire and emergency medical
services to the citizens of the Town; and
WHEREAS, the Town Council hereby finds that this ordinance is in the
best 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. That the following definition shall have the respective
meanings ascribed to them:
a. "Street" means the entire width between the boundary lines of
every way publicly maintained when any part thereof is open to the public for
purposes of vehicular travel, and includes highways, alleys, boulevards, avenues
and other public rights-of-way.
b. "Vehicle" means every device in, upon or by which any person or
property is or may be drawn upon a street.
C. "Police officer" shall mean a duly certified peace officer acting for
or on behalf of the Town of Trophy Club, whether such peace officer is an
employee of the Town or is operating within the Town pursuant to a contract.
d. "Town" means the Town of Trophy Club, Texas.
e. "Park" or "parking" means the standing of a vehicle, whether
occupied or not, otherwise than temporarily for the purpose of and while
actually engaged in loading or unloading merchandise or passengers.
Section 6. If a vehicle is found unattended or unoccupied upon any
public right-of-way listed in Ordinance number 0-85-22 or 0-85-23 of the Town,
the same is hereby delcared a nuisance per se. The Town Marshal or his
authorized agent, or the chief of police or his authorized agent, is hereby
instructed to immediately remove said vehicle from said public right-of-way to
a place of safety which has been designated for such usage by the Town. The
owner of said vehicle shall be required to give the Town a written release from
possible damages prior to the return of his vehicle. The owner of said vehicle
shall also pay all costs of towing and storing said vehicle.
Section 7. That this ordinance shall be cumulative of all other
ordinances of the Town affecting traffic 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.
Section 8. If any section, article, paragraph, sentence, clause, phrase or
word in this ordinance, or application thereto any person 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 9. 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 Two Hundred Dolllars ($204.00) for each
offense and a separate offense shall be deemed committed upon each day during
or on which a violation occurs or continues.
Section 10. That this ordinance shall be effective from and after its date
of passage according to law.
PASSED AND APPROVED by the Town Council of the Town of Trophy
Club, Texas on this the 13 day of .— October , 1986.
ATTEST:
Tovun'SdcrJetary, Town of Trophy Club, Texas
[SEAL]
APPROItS TO F-OR,M:
T torney, Town of Trophy Club, Texas