ORD. 2021-16 - Sign Ordinance Amendment TOWN OF TROPHY CLUB
ORDINANCE NO. 2021-16
AN ORDINANCE AMENDING THE TOWN OF TROPHY CLUB, TEXAS,
ARTICLE III ENTITLED "SIGNS", OF SECTION 3.09.062 "POLITICAL
SIGNS" PROVIDING FOR A TIMEFRAME TO PLACE AND REMOVE
SIGNAGE WITHIN THE TOWN, BEFORE AND AFTER AN ELECTION;
PROVIDING THAT ANY PERSON WHO VIOLATES SECTION 3.09.062
OF ARTICLE III SHALL BE GUILTY OF A CLASS C MISDEMEANOR
PUNISHABLE BY A PENALTY NOT TO EXCEED TWO THOUSAND
DOLLARS ($2,000.00) PER VIOLATION AND THAT EACH DAY A
VIOLATION IS ALLOWED TO EXIST OR CONTINUES TO EXIST SHALL
BE A SEPARATE OFFENSE; PROVIDING FOR PUBLICATION;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club is a Home Rule Municipality acting under its
Charter adopted by the electorate pursuant to Article , Section 5 of the Texas Constitution;
and
WHEREAS, the Town Council deems it in the best interest of the Town of Trophy
Club, Texas to amend Article III entitled "Signs" of Section 3.09.062 "Political Signs" of
the Code of Ordinances in order to provide a period of erecting and removing signage
within the Town, before and after an election; and
WHEREAS, the Town is predominately a residential community, small portions of
which have been zoned for commercial and other non-residential uses. The protection
and preservation of the rights and values of privacy, aesthetics, and safety are of great
importance to the residents of the Town and substantially contribute to the special
ambiance, quality of life, and general welfare of the community. The property values in
the Town and the general welfare of its residents are enhanced by the maintenance of
the highest standards of privacy, aesthetics, and safety for the benefit of all its residents;
and
WHEREAS, the Town Council declares that the timeframe for the placement and
removal of the signs described in this Article are necessary to protect and preserve the
Town's aforesaid interests in privacy, aesthetics, safety, and property values.
NOW, THEREFORE, BE IT ORDAINED BY THE TROPHY CLUB TOWN
COUNCIL:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises having been found by the Town Council to be true
and correct are incorporated herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENTS
Article III entitled "Signs" of the Code of Ordinances of the Town of Trophy Club is hereby
amending Section 3.09,062 entitled "Political Signs" to provide for election signs to be
placed for a period of ninety(90) days before an election and removed ten (10) days after
an election and is hereby adopted to be and read in its entirety as follows:
Section 3.09.062 Political Signs
(a) Duration. All political signs meeting the requirements of this article shall only be
erected or maintained in a location allowed under this article for a maximum period
of ninety (90) days before the signs must be removed as required by this article.
Political signs shall be kept in good repair and proper state of preservation during
the entire time that they are placed. Political signs advertising an election shall be
removed ten (10) days following the date of the election. Failure to remove such
signs within the ten (10) day period shall give the designated official the authority
to remove such signs without notice.
SECTION 3.
CUMULATIVE REPEALER
This Ordinance shall be cumulative of all other Ordinances and shall not repeal
any of the provisions of such Ordinances except for those instances where there are
direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force
at the time this Ordinance shall take effect and that are inconsistent with this Ordinance
are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided
however, that any complaint, action, claim or lawsuit which has been initiated or has
arisen under or pursuant to such Ordinance on the date of adoption of this Ordinance
shall continue to be governed by the provisions of that Ordinance and for that purpose
the Ordinance shall remain in full force and effect.
SECTION 4.
SAVINGS
That all rights and remedies of the Town of Trophy Club are expressly saved as to
any and all violations of the provisions of any Ordinances that have accrued at the time
of the effective date of this Ordinance; and, as to such accrued violations and all pending
litigation, both civil and criminal, whether pending in court or not, under such Ordinances,
same shall not be affected by this Ordinance but may be prosecuted until final disposition
by the courts.
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SECTION 5.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase 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
it would have passed such remaining portions of this Ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and any
person-violating or failing to comply with any provision of this Ordinance shall be fined,
upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand
($2,000.00), and a separate offense shall be deemed committed upon each day during
or on which a violation occurs or continues. The penalty provided herein shall be
cumulative of all other remedies available for enforcement of the provisions of this
Ordinance.
SECTION 7.
PUBLICATION
The Town Governance Officer/Town Secretary of the Town of Trophy Club is hereby
directed to publish the Caption, Penalty and Effective Date of this Ordinance as required
by Section 52.011 of the Texas Local Government Code.
SECTION 8.
ENGROSSMENT AND ENROLLMENT
The Town Governance Officer/Town Secretary of the Town of Trophy Club is
hereby directed to engross and enroll this Ordinance in the Ordinance records of the
Town and to properly record this Ordinance in accordance with the Town Charter
SECTION 9.
EFFECTIVE DATE
That this Ordinance shall be in full force and effect from and after its date of passage,
in accordance with law, and it is so ordained.
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PASSED AND APPROVED by the Trophy Club Town Council this 24th day of
August, 2021.
r
cia L. Fleu Ku
r
own of Trophyb, Texas
ATTEST: �y
ti ' Vacek, Town Governance 0y
Officer/Town Secretary gRY
APPR ED AS TO FORM:
J v' odd III, Town Attorney
own of Trophy Club, Texas
l
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