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ORD 1986-28TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 98-2B AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NOS. 98-07, 96-03, 95-12, 95-04, 92-03, 87-07, 87-06, 87-05, 86-28, 86-07, 86-06, 86-02, 85-26, 85-23, 85-19, 85-15 OF THE TOWN RELATING TO VARIOUS OFFENSES PUNISHABLE BY FINE; PROVIDING REVISED PENALTY AMOUNTS FOR EACH OFFENSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 98-07 regulates sexually oriented businesses and the Town wishes to impose a more stringent penalty as allowed by state law; WHEREAS, Ordinance No. 95-03 pertaining to school zones allows for a fine amount inconsistent state law; WHEREAS, Ordinance No. 95-12 pertaining to swimming pools states a single fine amount for all offenses arising under the ordinance, and state law provides for various penalties for the various items prohibited in the ordinance; WHEREAS, Ordinance No. 95-04 amending the Town Zoning Map states a fine amount inconsistent with state law provisions pertaining to violations of zoning regulations; WHEREAS, Ordinance No. 92-03 governing emergency medical services and overweight vehicles pertains to the health, safety, and welfare of the community; and WHEREAS, Ordinance N6s.',87-07, 87-06, 87-05, 86-28, 86-07, 86-06, 86-02, 85-26, 85- 23, 85-19, 85-15 have not been updated according to changes in state law since the times of their enactments, and such update is desired by the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. 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. Ordinance No. 98-07 of the Town of Trophy Club, Texas (the "Town") is hereby corrected in the heading of the ordinance to state that the fine amount for violation of Section 13 of the ordinance is punishable by a fine not to exceed Two Thousand Dollars ($2,000). -1- DOC 4: 645235 Section 3.. Ordinance No. 96-03 of the Town of Trophy CIub, Texas is hereby corrected in the heading and amended in the penalty provision of the ordinance to state that the fine amount for violation of the school zone portion of the ordinance is punishable by a fine not to exceed Two Hundred Dollars (5200.00) for each offense. Section 4. Ordinance No. 95-12 of the Town of Trophy Club, Texas is hereby corrected in the heading and amended in the penalty provision of the ordinance to state that the fine amount for violation of Section 4 subsections (D),(E),(G),(H),(I),(K) and (L) is punishable by a fine not to exceed Two Thousand dollars (52,000.00) for each violation and a separate offense shall be deemed committed upon each day during on or which a violation occurs; Section 4(B)(1) and (2) is punishable by a fine not to exceed. One Thousand dollars (51,000.00) for each offense and a separate offense shall be deemed committed upon each day during on or which a violation occurs; a violation all other provisions is punishable by a fine not to exceed Five Hundred dollars ($500.00) for each violation and a separate offense shall be deemed committed upon each day during on or which a violation occurs. Section 5. Ordinance No. 95-04 of the Town of Trophy Club, Texas. is hereby corrected in the heading and amended in the penalty provision of the ordinance to state that the fine amount for the ordinance is punishable by a fine not to exceed Two Thousand Dollars ($2,000.00) for each offense and a separate offense shall be deemed committed upon each day during on or which a violation occurs. Section 6, Ordinance No. 92-03 of the Town of Trophy Club, Texas is hereby corrected in the heading and amended in the penalty provision of the ordinance to state that the fine amount for violation of ordinance is punishable by a fine not to exceed Two Thousand dollars ($2,000.00) for each offense. Section 7. Ordinance Nos. 87-07, 87-06, 87-05, 86-28, 86-07, 86-06, 86-02, 85-26, 85-19 of the Town of Trophy Club, Texas are hereby corrected in the headings and amended in the penalty provisions of the ordinances to state that the fine amount for violation of ordinance is punishable by a fine not to exceed Two Thousand dollars (52,000.00) for each offense and a separate offense shall be deemed committed upon each day during on or which a violation occurs. Section 8. Ordinance Nos. 85-23 and 85-15 of the Town of Trophy Club, Texas are hereby corrected in the headings and amended in the penalty provisions of the ordinances to state that the fine amount for violation of ordinance is punishable by a fine not to exceed Five Hundred dollars ($500.00) for each offense and a separate offense shall be deemed committed upon each day during on or which a violation occurs. Section 9. This Ordinance shall be cumulative of all other ordinances of the City affecting traffic control and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ordinance. -I)- nnr F -is -t3; Section 10. The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof to 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 that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 11. This Ordinance shall become effective from and after its date of passage and publication as provided by law. PASSED AND APPROVED by the Town G this the 20th day of . October 1998. ATTEST: X4-/ % 7 Town Secret4y, Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: Town Attorney, Town of Trophy Club, Texas -3- X11 of the Town f Trophy Club, Texas , Town of Trophy Club, Texas f. "Stand" or "standing" means the halting of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers. g. "Stop" or "Stopping," when prohibited, means any halting, even momentarily, of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic -control sign or signal. Section 3. Whenever any police officer finds a vehicle parked, stopped or standing in violation of any provision of any ordinance of the Town, such officer is hereby authorized to move such vehicle, or require the driver or other person in charge of the vehicle to move the same. Section 4. Any police officer is hereby authorized to remove a vehicle from a street to the nearest garage or other place of safety or to a garage designated or maintained by the governmental agency of which the officer is a member, under the circumstances hereinafter enumerated: a. When any vehicle is left unattended upon any bridge, viaduct or causeway, or in any tube or tunnel where such vehicle constitutes an obstruction to traffic. b. When any vehicle is illegally parked so as to block the entrance to any private driveway and it is impracticable to move such vehicle from in front of the driveway to another point on the highway. C. When any vehicle is found on a street and report has previously been made that such vehicle has been stolen or complaint has been filed and a warrant thereon issued charging that such vehicle has been embezzled. d. When any such officer has reasonable grounds to beleive that any vehicle has abandoned. e. When a vehicle upon a street is so disabled that its normal operation is impossible or impractical and the person in charge of the vehicle is incapacitated by reason of physical injury or other reason to such extent as to be unable to provide for its removal or custody, or is not in the immediate vicinity of the disabled vehicle. f. When a police officer arrests any person driving or in control of a vehicle for an alleged offense and such officer is by Town ordinance or other law required to take the person arrested immediately before a magistrate. g. When, in the opinion of the police officer, the vehicle constitutes a hazard, or interferes with a normal function of a governmental agency, or by reason of any catastrophe, emergency or unusual circumstance the safety of the vehicle is imperiled. Section 5. Any vehicle parked in violation of this ordinance or other Town ordinances may be removed and impounded by the police department and an impounding fee of five ($5.00) dollars assessed against and collected from the owner or driver of the vehicle. The payment of this impounding fee shall not excuse such owner or driver of the vehicle from the charge of violating this ordinance or such other ordinance. T 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