ORD 1999-02TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 1999-02
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
RELATING TO MOBILE HOME AND HUD CODE
MANUFACTURED HOME PLACEMENT AND REPLACEMENT
WITHIN THE CORPORATE LIMITS OF THE TOWN;
REPEALING ORDINANCE NOS. 92-09 AND 97-04 RELATING TO
THE PLACEMENT OF BOATS, RECREATIONAL VEHICLES,
AND TRAILERS: RELATING TO BOAT AND TRAILER
PLACEMENT AND SCREENING WITHIN THE TOWN;
RELATING TO RECREATIONAL VEHICLES; RELATING TO
PLACEMENT OF TRUCKS AND COMMERCIAL VEHICLES
WITH A MANUFACTURER'S RATED CLASSIFICATION OF
GREATER THAN 111A TONS WITHIN THE TOWN; PROVIDING
FOR A PENALTY OF NOT LESS THAN ONE DOLLAR ($1.00)
NOR MORE THAN FIVE HUNDRED DOLLARS ($500.00);
PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB, TEXAS:
Section 1. Definitions. For the purpose of this Ordinance, the words and phrases
defined shall be construed in accordance with the definitions set forth hereinafter unless it is
apparent from the context that a different meaning is intended:
A. "Boat" means any and all watercraft structure which is designed for carrying
persons or property upon a body of water.
B. "HUD -code manufactured home" means a structure, constructed on or after
June 15, 1976, according to the rules of the United States Department of Housing and Urban
Development, transportable in one or more sections which, in the traveling mode, is eight body
feet or more in width and 40 body feet or more in length, or, when erected on site, is 320 or
more square feet, and whichh is built on a permanent chassis and designed to be used as a
dwelling with or without a permanent foundation when connected to the required utilities, and
includes the plumbing, heating, air-conditioning, and electrical systems.
C. "Mobile Home" means a structure that was constructed before June 15, 1976,
transportable in one or more sections, which, in the traveling mode, is eight body feet or more
in width and 40 body feet or more in length, or, when erected on site, is 320 or more square
feet, and which is built on a permanent chassis and designed to be used as a dwelling with or
without a permanent foundation when connected to the required utilities, and includes the
plumbing, heating, air-conditioning, and electrical systems.
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D. "Recreational Vehicle" means any motor vehicle or trailer designed and used as
a travel trailer, camper, tent trailer, camping trailer or for any similar purpose.
E. "Trailer" means a vehicle with or without motive power designed for carrying
persons or property and for being drawn by a motor vehicle and so constructed that no part of
its weight rests upon the towing vehicle and includes, but is not limited to, semi -trailers, pole
trailers, and house trailers as those terms are defined in Texas Transportation Code § 541.201
(Vernon 1998), as amended.
Section 2. Mobile Homes. It shall be unlawful for any person to install, construct,
erect, maintain, place or locate any mobile home within the corporate limits of the Town of
Trophy Club, except that a mobile home shall be allowed in a designated Mobile Home/Modular
Home District.
Section 3. Replacement of Mobile Home. It shall be unlawful for any person to replace
a mobile home, as that term is defined in article 5221f of the Texas Revised Civil Statutes, as
amended, with another mobile home. A mobile home may be replaced with a HUD -code
manufactured home, provided a permit is secured from the Town prior to such replacement.
Section 4. HUD -Code Manufactured Home. It shall be unlawful for any person to
install, construct, erect, maintain, place, locate, extend or alter any mobile home within the
Town; and it shall be unlawful for any person to install, construct, erect, maintain, place, locate,
extend or alter any HUD -code manufactured home within the corporate limits of the Town
unless such person holds a valid permit issued by the Town Building Official or his designee in
the name of such person for the specific construction, erection, maintenance, placement,
location, extension or alteration.
Section 5. Application. All applications for permits shall contain the following:
A. Name and address of the applicant;
B. Location and legal description of the HUD -code manufactured home or designated
Mobile Home Park;
C. A description of the HUD -code manufactured home;
D, Such other information as the Town officials reviewing the application may
require.
Section 6. Boats and Trailers Tied Into Utility Service. It shall be unlawful for any
person to locate or maintain any boat or trailer which is tied into utility service within the Town,
except that trailers used exclusively in conjunction with construction projects shall not be subject
to the prohibition of this section. Such construction trailers shall be located on the construction
site and must be removed from said site no later than seven (7) days after completion of
construction.
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Section 7. Maintaining Heavy Vehicles, Boats. and Trailers. It shall be unlawful for
any person who is a resident of the Town to locate or maintain any truck or commercial vehicle
withh a manufacturer's rated classification of greater than one and one-half (11/2) tons, boat, or
trailer within the Town for more than two (2) days per month unless the truck or commercial
vehicle, boat, or trailer is enclosed by a fence no greater than six (6) feet in height or a garage
and is not visible from a public street, provided, however, that a truck or commercial vehicle,
boat, or trailer shall be deemed enclosed by a fence when no more than. eighteen (18) inches of
said recreational vehicle, boat or trailer is visible above the top of the fence.
Section 8. Recreational Vehicles.
A. It shall be unlawful for any resident to locate or maintain a recreational
vehicle within the Town unless within a fully enclosed structure.
B. Any guest of a resident of the Town may locate a recreational vehicle
within the Town for a period not to exceed forty-eight (48) consecutive hours. It shall be
unlawful for any such guest to locate a recreational vehicle in the Town for a period exceeding
forty-eight consecutive hours.
C. Any resident who has a guest who will locate a recreational vehicle within
the Town as described in subsection B must register such recreational vehicle with the Planning
and Zoning Administrator before the time said recreational vehicle is located within the Town.
Such registration shall consist of the address the recreational vehicle shall be located, the
duration the recreational vehicle is to remain at the address, and the name of the person who
resides at the address.
Section 9. Presumption. When any truck or commercial vehicle, recreational vehicle,
boat or trailer is found located or parked in violation of any provision of this Ordinance or other
ordinances of the Town, such fact shall be prima facie evidence that the person in whose name
it is registered located or parked the said vehicle.
Section 10. Savings: Repealer. This Ordinance shall be cumulative of all other
ordinances of the Town affecting mobile homes, HUD -Code manufactured homes, boats, motor
vehicles, trailers and trucks 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, however, that Ordinance Nos. 92-09 and 97-04 are hereby repealed,
but provided that any complaint, action, claim or lawsuit which has been initiated or has arisen
under or pursuant to Ordinance No. 92-09 or 97-04 shall continue to be governed by the
provisions of those Ordinances, and for that purpose the repealed Ordinances shall be deemed
to remain in full force and effect.
Section 11. 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.
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Section 12. Penal1y. Any person, firm, corporation or association violating any of the
provisions of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction in
the municipal court of the Town shall be subject to a fine not to exceed five hundred dollars
($500.00) for each offense, and each and every day that the premises shall remain in a condition
in violation of the terms of this Ordinance shall constitute a continuing and separate offense,
subject to application of the full penalty contained herein.
Section 13. 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 19th day of January 1999.
=Wym, Town of Trophy Club, Texas
Mayor Pro Tem
ATTEST:
Y li�C
Towil Secretary
Town of Trophy C14 Texas
[SEAL]
APPROVED AS TO FORM:
To*n Attorney
Town of Trophy Club, Texas
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