ORD 2024-02 Amend Article 1.09 Special Events TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2024-02
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS; AMENDING
ARTICLE 1.09 "SPECIAL EVENTS" OF THE CODE OF ORDINANCES,
TOWN OF TROPHY CLUB, TEXAS, TO: (1) REDEFINE "SPECIAL EVENT
OR EVENT"; (2) PROVIDE GENERAL AUTHORITY TO THE TOWN
MANAGER; (3)AMEND THE EXEMPTIONS FROM PERMIT; (4) PROVIDE
ADDITIONAL GROUNDS FOR DENIAL RELATED TO NUISANCE AND
OTHER COMPLAINTS; (5) AMEND THE PROCESS FOR APPEAL; (6)
INCREASE THE NUMBER OF EVENTS PER CALENDAR YEAR FOR
PROPERTIES ZONED FOR COMMERCIAL BUSINESS PURPOSES; (7)
ESTABLISH THE DUTIES AND AUTHORITY OF THE SPECIAL EVENTS
COORDINATOR; AND (8) PROVIDE FOR OTHER GENERAL CHANGES,
INCLUDING THE RENUMBERING OF PROVISIONS; PROVIDING THIS
ORDINANCE IS CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
A PENALTY NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS
($500.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION
OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club, Texas (the "Town") is a
home rule municipality empowered to do all acts and make all regulations which may be
necessary or expedient for the promotion of the public health, safety, and general welfare:
and
WHEREAS, the Town Council finds and determines that this Ordinance will promote
and protect the public health, safety, and welfare of the Town's residents and the general
public.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF TROPHY CLUB, TEXAS, THAT:
SECTION 1.
INCORPORATION OF PREMISES
All of the premises and recitals above are true and correct and are hereby
incorporated in the body of this Ordinance as if fully set forth herein.
ORDINANCE NO. 2024-02 PAGE 2
SECTION 2.
AMENDMENTS
Article 1 .09 "Special Events" of Chapter 1 "General Provisions" of the Code of
Ordinances, Town of Trophy Club, Texas (the "Code") is hereby amended in its entirety to
read as follows:
"§ 1.09.001 Definitions.
When used in this article, the following words and phrases shall be defined as follows:
Applicant. A person requesting a special event permit seeking to hold the special event and
to whom the special event permit is issued.
Block party. The use of a street, other than a major thoroughfare, for a residential
neighborhood function or event which may involve the temporary barricading of one or
more streets.
Carnival. An event that includes amusement activities, rides, merry-go-rounds, booths for
the conduct of games of skill, food dispensary facilities, and sideshows, and/or a
combination thereof.
Circus. An event that includes performers, animals, or other such means of entertainment
and is performed in the open, in a tent, or in any other temporary structure, but does not
include performances held inside a permanent building or on government-owned property.
Community garage sale. A coordinated event, which includes as participants any number of
residents of the town participating together by simultaneously conducting garage sales that
are sponsored by a bona fide and recognized nonprofit organization.
Concession. A facility at a special event where food, drink, or other merchandise is offered
to the public.
Nonprofit organization. An organization or entity that is exempt from the payment of tax
pursuant to section 501(c)(3) of the Internal Revenue Code.
Off-site parking. Parking immediately adjacent to the site of the event or at a location
outside of the boundaries of the area approved by the town for the location of the special
event.
On-site parking. Parking within the boundaries of the area approved by the town for the
location of the special event.
Parade. The assembly of persons whose gathering is the common design and purpose of
traveling or marching in procession from one location to another location on a public
thoroughfare or right-of-way for the purpose of advertising, fundraising, promoting,
ORDINANCE NO. 2024-02 PAGE 3
celebrating, or commemorating a thing, person, date, or event or point of view on political,
religious, or social issues.
Permit holder. The person to whom a special event permit is issued.
Person. An individual(s), corporation, governmental entity, nonprofit organization, sole
proprietorship, partnership, wholesaler, retailer, association, or any other legal entity.
Reimbursable costs. All costs and expenses incurred by the town for activities associated
with staging and conducting an event, as specifically set forth in this article.
Sidewalk. That portion of a street intended for the primary use of pedestrians that is located
between the curb lines, or lateral lines of a roadway, and the adjacent property lines.
Special event or event. A planned temporary aggregation of people or attractions for a
common purpose, including, but not limited to, community garage sales, carnivals, circuses,
street fairs, arts and crafts shows, rallies, public entertainments, fun runs, walks, relays,
marathons, parades, block parties, or other similar events or attractions that are conducted
primarily outdoors; and:
(1) Interfere with the normal flow or regulation of pedestrian or vehicular traffic;
or
(2) Require special town services, including, but not limited to, street closure,
provision of barricades, refuse services, stages, special parking
arrangements, special electrical services, or special police services or
protection.
Special events coordinator. The person designated by the town manager who shall serve
as the point of contact for applicants and permit holders and who shall serve as chair of the
special event review committee.
Special event permit or permit. Written authorization from the town authorizing a permit
holder to conduct a special event.
Special event review committee. A committee consisting of town staff from the police
department, fire department, community development, code enforcement, parks and
recreation, streets, and such additional departments as determined necessary by the town
manager.
Street. The entire width of the publicly or privately-owned right-of-way, when any part
thereof is open to the use of the public for purposes of vehicular traffic.
Town manager. The town manager of the Town of Trophy Club or the town manager's
designee.
ORDINANCE NO. 2024-02 PAGE 4
§ 1.09.002 General authority.
The town manager will carry out the responsibilities under this article including, but not
limited to:
(1) Review all special event permit applications and approve, deny, revoke, or
suspend permits or applications in compliance with the rules adopted under
this article.
(2) Impose conditions on special events to promote the health, safety, and
welfare of the town, its residents, and visitors, including imposing conditions
necessary for compliance with the town's ordinances and other town rules
and regulations.
(3) Coordinate permit issuance or authorization administration through the
special events coordinator and with other town departments and the special
event review committee.
(4) Adopt rules and charge fees governing the administration and enforcement of
this article, including application requirements and provisions for department
and event review committee review.
(5) Waiver of Fees. The town manager is authorized to waive fees adopted
pursuant to this article when requested contemporaneously with the permit
application by a nonprofit organization or any applicant requesting a
community garage sale or block party. The applicant requesting the waiver
of fees must identify the fee(s) sought to be waived and describe how the
special event serves a public purpose of the Town. The town manager may
supplement the information provided on the application to further define the
public purpose being served. If the town manager determines that a public
purpose of the town is not served, then the town manager may deny the
request for a waiver of fees.
§ 1.09.003 Special events coordinator.
(a) The special events coordinator shall have authority to administer and enforce this
article. The special events coordinator shall:
(1) Review the special event application submitted, and impose requirements as
necessary for public health, safety, and welfare based upon the scope and
nature of the proposed event as outlined by the responses provided by the
applicant on the application. Requirements of the special events coordinator
shall be conditions precedent to the issuance of a permit;
(2) Convene meetings of the special event review committee and serve as chair
of the committee;
ORDINANCE NO. 2024-02 PAGE 5
(3) Have the authority to issue, deny, revoke, or suspend a permit;
(4) Have the authority to require a permit holder to add additional resources or
take additional actions during or after an event when determined necessary
for public safety and welfare; and
(5) Take actions necessary for the enforcement of this article, including, without
limitation, causing the issuance of citations for violations of this article.
(b) As expressly authorized in this article, decisions of the special events coordinator
are subject to appeal pursuant to section 1.09.009 of this article.
§ 1.09.004 Permit required; exemptions.
(a) Permit required. Unless expressly exempted from the requirements of this article, a
person shall obtain a special event permit prior to commencing, holding, or
conducting a special event within the town. A person commits an offense if that
person commences, holds, or conducts a special event or causes or allows the
commencement, holding, or conducting of a special event without a valid special
event permit approved for the special event.
(b) Events exempt from permit. The following special events shall be exempt from the
permit requirement of this article:
(1) A town or MUD 1 sponsored event;
(2) Events sponsored by the armed forces of the United States of America, the
military forces of the state, and the forces of the police and fire departments
acting within the scope of their duties;
(3) A funeral procession; and
(4) Those activities of the Northwest Independent School District ("NISD")
contained on NISD owned property under the approval and supervision of the
superintendent of NISD, or the superintendent's designated agent;
§ 1.09.005 Application for permit.
(a) Generally; required information. An applicant seeking to conduct a special event
within the town shall submit an application meeting the requirements of this article.
Town staff shall determine the type and quantity of services and amenities that shall
be provided by the applicant for the safety and welfare of the event participants and
general public. The applicant shall pay all applicable fees and costs as required
under this article and/or the schedule of fees. Applications shall be submitted to the
special events coordinator, and, at minimum, applications shall provide the following
information:
ORDINANCE NO. 2024-02 PAGE 6
(1) Name, address, and contact information for the applicant. If the special event
is to be conducted for, on behalf of, or by any person or organization other
than the applicant, then the name, address, and contact information for that
person or organization and written authorization from that person or
organization shall be provided;
(2) Date(s) and hours for which the permit is requested;
(3) Type of proposed use or activity;
(4) Type, location, and size of proposed signage;
(5) Number of participants and anticipated number of attendees;
(6) Proposed location of the special event, including any and all public areas for
which use is requested;
(7) Number, type, and proposed locations of concession booths or structures
that will be used for the sale of goods or services;
(8) Number and location of parking spaces or, where parking spaces are not
available, the area designated to accommodate parking for the event,
including an on-site parking plan showing available parking that meets the
requirements of this article and, where required by this article, an off-site
parking plan;
(9) Site map showing the location and size of tents, staging, and all other
temporary structures, location of fire lanes, and ingress and egress points;
(10) Location and number of sanitary facilities;
(11) Number and location of loudspeakers and/or other sound amplification
devices that will be used for the event and planned hours of usage. Use of
the foregoing equipment shall comply with applicable town regulations,
including but not limited to noise ordinance regulations (article 8.02);
(12) Plan for collection and disposal of solid waste;
(13) List of all other governmental and regulatory approvals needed for the special
event; and
(14) All other information as required on the special event application.
(b) Proof of compliance with other governmental regulations. As a condition precedent
to the issuance of a special event permit, an applicant shall submit written
ORDINANCE NO. 2024-02 PAGE 7
documentation that all permits and approvals required by other governmental
agencies have been obtained.
(c) Deadline for submission. Applications for a special event permit shall be filed not
less than ninety (90) days before the commencement date of the proposed special
event. Applications received less than ninety (90) days prior to the proposed
commencement date of the special event may be considered where the special
events coordinator determines that the town has sufficient advance notification to
obtain and to provide the resources and services necessary to support the event.
Decisions of the special events coordinator under this section may be appealed to
the town manager in accordance with section 1.09.009 of this article.
§ 1.09.006 Permit fee; reimbursable costs.
(a) Permit fee. A permit fee in the amount established by the fee schedule in appendix
A to this code shall be paid in order to cover the costs of permit review and the
administration of the permit.
(b) Reim_bursable costs. In addition to the permit fee required in subsection (a), all
reimbursable costs, including without limitation the following, shall be paid as
specifically set forth in this section:
(1) Barricades and cones.
(2) Special event parking.
(3) Food services inspection.
(4) Repair, maintenance, and removal of facilities in the event of a failure of the
applicant/promoter.
(5) Repair of streets, alleys, sidewalks, parks, and other public property.
(6) Police protection.
(7) Fire protection.
(8) Emergency medical service.
(9) Garbage disposal and cleanup.
(10) Traffic control.
(11) Other direct and indirect costs associated with the special event.
ORDINANCE NO. 2024-02 PAGE 8
(c) Payment of reimbursable costs. In addition to applicable permit fees, the permit
holder shall be required to pay all reimbursable costs associated with the special
event. The special events coordinator shall provide an estimate of such
reimbursable costs at least ten (10) days prior to the event, or as soon as
reasonably possible. As security for payment of the identified reimbursable costs,
the permit holder shall post a cash deposit in the full amount of the reimbursable
costs estimate. Within seven (7) days following the event, or as soon as is
reasonably possible, the special events coordinator shall provide the permit holder
with written notice of the total amount of the reimbursable costs actually incurred as
a result of the event. If the amount of the actual reimbursable costs is less than the
amount of the written estimate, then the town shall issue a refund within seven (7)
days after the event, or as soon as is reasonably possible. If the actual reimbursable
costs are greater than the written estimate of reimbursable costs, the permit holder
shall pay the balance in full on or before the date specified in the written notice from
the town. If a permit holder fails to pay the full amount of all reimbursable costs,
future permits may be denied by town or the town may require two times the amount
of the estimated reimbursable costs on any and all future permit applications at the
reasonable discretion of the special events coordinator. Decisions of the special
events coordinator under this section may be appealed to the town manager in
accordance with section 1.09.009 of this article.
§ 1.09.007 Indemnification, insurance and bonding.
(a) Indemnification. When a special event is partially or fully contained on town rights-
of-way or on property owned, leased, or controlled by the town, the applicant shall
sign an agreement to indemnify, defend, release, and hold harmless the town, its
officers, employees, agents, and representatives against all claims of liability and
causes of action resulting from injury or damage to persons or property arising out of
the special event. Further, such applicant shall provide insurance and bonding as
specifically set forth in this section.
(b) Insurance and bonding required. When a special event is partially or fully contained
on the town rights-of-way or on property owned, leased, or controlled by the town,
the applicant shall furnish the town with a certificate of insurance stating that the
town has been added as an additional insured, waivers of subrogation in favor of the
town have been provided, as well as the endorsement page, and a surety bond
complying with standards established by the town. The amount of the surety bond
and the amount of insurance required may be increased or reduced, at the
reasonable discretion of the special events coordinator, based upon the type of
special event, equipment, machinery, location, number of people, or animals
involved and other pertinent factors or risks associated with the special event. An
application shall be denied if a valid certificate of insurance and/or a valid surety
bond meeting town specifications and approved by the town is not provided.
(c) Return of bond; payment of additional costs. The surety bond shall be returned to
the permit holder within ten (10) days after the special event permit expires, upon
ORDINANCE NO. 2024-02 PAGE 9
certification by the town manager that all conditions of this article have been met
and the town has been compensated for all costs associated with or incurred as a
result of the event. Should actual costs be less than the amount of the surety bond
posted by the permit holder, the remainder shall be refunded to the permit holder by
the town. In the event that actual costs exceed this amount, the permit holder shall
pay such additional sum to the town within ten (10) days from the date of written
notice by the town. If all amounts due are not timely paid, no future permits shall be
issued to the same permit holder for a period not to exceed two (2) years. Nothing
herein shall preclude the town from enforcing any legal or equitable remedy against
the permit holder in addition to the bond.
(d) Appeals. Decisions of the special events coordinator under this section may be
appealed to the town manager in accordance with section 1.09.009 of this article. If
a mutually agreeable insurance limit cannot be agreed upon, the application shall be
considered denied.
§ 1.09.008 Denial or revocation of permit.
(a) Grounds for denial. The special events coordinator may deny a special event permit
if:
(1) The special event will conflict in time and/or location with a town function or
another special event, parade, or assembly for which a permit has already
been granted or for which a permit application has already been filed and is
under review;
(2) The applicant fails to comply with or the special event will violate an
ordinance of the town or any other applicable law;
(3) The applicant makes, causes, allows, or permits the making of a false or
misleading statement or omission of material fact on an application for a
special event permit;
(4) The applicant has been convicted of violating this article, has had a special
event permit revoked within the twelve (12) month period preceding the date
of the proposed special event, or has failed to pay any reimbursable costs or
other costs or fees assessed by the town for a previous special event within
the two (2) year period preceding the date of the proposed special event;
(5) The applicant fails to provide proof of a license or permit required by this
article, by another town ordinance, or by state law;
(6) The special event, as determined by the special event review committee,
would unduly hinder or compromise the delivery or performance of normal
services, including previously scheduled construction or maintenance
ORDINANCE NO. 2024-02 PAGE 10
services, or of emergency services, or constitutes a public threat, hazard, or
nuisance;
(7) The applicant is unable or unwilling to provide any insurance or bond
required under this article;
(8) The applicant is unable or unwilling to pay any additional costs as may be
required by the town manager;
(9) The applicant fails to submit a complete application or fails to provide any
additional information requested by the special events coordinator;
(10) The special events coordinator determines that the proposed date or time for
the special event or the location of the special event or parking for such
special event would unduly interfere with or disrupt the educational activities
of a school when such school is in session;
(11) The applicant has been provided documented nuisance complaints or
violations, such as garbage, noise, operation outside of approved hours,
illegal parking, general law and order, or safety, from a previous special
event and failed to adequately address or correct the complaints to the
satisfaction of the town; or
(12) At the reasonable discretion of the town manager, the special event is likely
to produce concerns of public safety, health, or welfare.
(b) Notice of denial. If the special events coordinator denies a permit, the special events
coordinator shall notify the applicant in writing of the denial and the applicant's
option to appeal, if applicable, within five (5) days of such determination, and such
notice shall state the reason(s) for the denial of the application.
(c) Grounds for revocation. A special event permit shall be revoked by the special
events coordinator upon the occurrence of one or more of the following conditions:
(1) In the event that the police chief, fire chief, MUD 1 manager, other town
officials or their designated representatives (collectively or individually the
"government officials") find that any of the provisions of this article, a town
ordinance, or state law is being violated, such government officials shall
immediately notify the town manager. The special event permit issued
hereunder shall be revoked if the permit holder fails to take immediate
corrective action upon notification by the town manager or special events
coordinator of the findings made by the government officials;
(2) Notwithstanding the foregoing, when, in the judgment of the above-named
government officials, a violation exists which requires immediate abatement,
ORDINANCE NO. 2024-02 PAGE 11
the town manager or special events coordinator shall have the authority to
immediately revoke a special event permit; or
(3) The permit holder provided false or misleading information on a permit
application, and a permit was issued based upon that false or misleading
information.
(d) Notice of revocation prior to commencement of event. When revocation occurs prior
to the commencement of an event, notice of permit revocation pursuant to
subsection (c) of this section shall be made in writing immediately upon
determination that revocation is proper.Appeals shall be allowed in accordance with
section 1.09.009.
(e) Notice of revocation during event. When revocation of a permit occurs at any time
after the commencement of, or during, an event, notice of permit revocation
pursuant to subsection (c) of this section shall be made verbally to the permit holder
and, within five (5)days after the date of revocation, written notice shall be provided
to the permit holder.
(f) Appeals. Decisions of the special events coordinator under this section may be
appealed to the town manager in accordance with section 1.09.009 of this article.
§ 1.09.009 Appeals.
(a) Appeal process. As expressly allowed in this article, the applicant or permit holder
may appeal. All appeals shall be conducted in accordance with the following
procedures:
(1) If the special events coordinator denies an application or makes a
determination under this article for which appeal is authorized, the special
events coordinator shall notify the applicant, or permit holder, where
applicable, in writing of the denial or appealable determination within five (5)
days of such determination. Such notice shall state the reason(s) for the
denial of the application or permit and the appealable determination. Any
person aggrieved shall have the right to appeal to the town manager.
(2) If the special events coordinator revokes a permit, the town shall notify the
permit holder as set forth in subsection (1) above, and if the permit holder
elects to appeal that determination, the permit holder shall file written notice
of appeal to the town manager.
(3) An appeal to the town manager shall be filed in writing and shall be filed with
the town secretary within five (5) calendar days after receipt of the town's
notice of denial, revocation, or other appealable decision. The town manager
shall have five (5) business days after receipt of the written notice of appeal
ORDINANCE NO. 2024-02 PAGE 12
to make a written determination to uphold, modify, or overturn the decision of
the special events coordinator. Decisions of the town manager shall be final.
(b) Appeal to town council. Where an appeal to the town council is expressly authorized
by this article, such appeal shall be made in writing within five (5) days of written
notice to the applicant of such appealable determination. The town council shall
hear the appeal at its next regularly scheduled council meeting following the date of
receipt of the written appeal and for which state law posting and notice requirements
can be met by the town. The decision of the town council shall be final.
§ 1.09.010 Number of events; hours of operation; duration.
A special event may be conducted only between the hours of 7:00 a.m. and 10:00 p.m.
daily for a maximum of three (3) consecutive days. A maximum of six (6) special event
permits per calendar year may be issued to a person or for a specific location within the
town. However, properties that are zoned for commercial business purposes such as retail,
restaurant, and entertainment, and have direct access, or immediate adjacent access, to
TX-114 Frontage Road, may be issued a maximum of twelve(12)special event permits per
calendar year. Appeals of time limit restrictions shall be made directly to the town council
pursuant to section 1.09.009 of this article. In determining if the issuance of a permit will
exceed the maximum number of permits allowed per person or per location, the town may
include in that count permits issued for events that have been held or sponsored by a
person associated with, affiliated with, or related to a previous applicant.
§ 1.09.011 Parking requirements; fire lanes.
(a) On-site parking. An applicant shall submit evidence that sufficient on-site parking will
be available to accommodate the projected number of users plus ten percent(10%).
If parking is to be on private property adjacent to the special event, written evidence
that the applicant has a right of possession of the property through ownership,
lease, license, or other property interest shall be provided. When the location is not
an established parking area, a plan shall be submitted which shall show how
required parking will be achieved and arranged. The number of parking spaces and
layout of the parking area, including aisle widths, size of parking spaces, and
number of parking attendants provided, shall be included in the submittal.
(b) Off-site parking. When adequate on-site parking is not available, a proposed plan for
off-site parking shall be provided by the applicant for approval by the town. Such
plan shall show how off-site parking and transfer of attendees is proposed to be
accomplished.
(c) Fire lanes. Fire lanes for emergency equipment shall be provided (if not already
existing at the site of the event), and, under the direction of the fire chief, the site
shall be prepared in a manner so as not to create a fire hazard.
ORDINANCE NO. 2024-02 PAGE 13
(d) Authority of town to restrict off-site parking. Notwithstanding the existence of a
special event permit, the town shall have the authority when reasonably necessary
for the health, safety, and welfare of the public to prohibit or restrict off-site parking.
It shall be unlawful for any person to park or leave unattended any vehicle in a
location where a sign is placed restricting or prohibiting the parking of a vehicle.
§ 1 .09.012 Miscellaneous requirements.
(a) Notice to affected property owners. The town manager shall have authority to
require that an applicant or permit holder send notice of a special event to property
owners identified by the town manager when, in the town manager's judgment, the
special event is of a scope and nature that will impact those owners.
(b) Amusement rides. Rides or attractions associated with special events shall comply
with the statutory rules and regulations set forth in chapter 2151 of the Texas
Occupations Code, designated the "Amusement Ride Safety Inspection and
Insurance Act," as amended. The fire marshal or the town manager are hereby
authorized to inspect any amusement rides or attractions and shall have the
authority to deny the use of the equipment if the fire marshal or the town manager
determines that the operator of the equipment has violated or failed to comply with
chapter 2151 of the Texas Occupations Code, or that the equipment presents a
potential or actual hazard to participants or to the health, safety and welfare of the
general public.
(c) Tents and temporary structures. Any special event which includes the use of a
stage, seating, tent, canopy, or other temporary structure shall meet the
requirements of the town's fire code and building code except that a separate permit
is not required when a special event permit has been obtained.
(d) Food and beverage service. Where food or beverage is provided or sold, such
operation shall be in compliance with all provisions of the food and food
establishment ordinances of the town, as well as all other applicable state and local
laws.
(e) Animal waste; distance for keeping animals. Waste from animals used in a special
event shall be removed daily from the grounds. Should animals be kept within the
town limits past 10:00 p.m., they shall be kept not less than five hundred (500) feet
from the property line of all developed residential property and not less than three
hundred (300) feet from the property line of developed commercial property.
(f) Water service. Any special event or related activity desiring use of water from the
Municipal Utility District 1 (MUD 1) water system must coordinate with MUD 1 to
obtain a temporary meter.
(g) Solid waste collection and disposal. The applicant shall make appropriate
arrangements for the collection of all waste resulting from such special event, and
ORDINANCE NO. 2024-02 PAGE 14
commercial solid waste dumpsters must be provided on-site at all outdoor special
events, if required by the special events coordinator. The applicant shall make
arrangements for the provision of such dumpsters with the town's franchised solid
waste provider.
(h) Loudspeakers. When the use of loudspeakers or other sound amplification device is
approved in conjunction with the special event, the decibel sound level from the
loudspeaker shall not exceed eighty (80) decibels at the property line of the event
site for stationary events and may only be used between the hours of 9:00 a.m. and
9:00 p.m., unless otherwise approved by the town council. The town's noise
ordinance shall control all other noises generated by or attributable to the event.
(i) Signage. Signage used in accordance with the special event shall comply with the
sign regulations of the town under the provisions of the sign ordinance codified in
section 3.09.065 (special purpose signs). Signs advertising the special event or
directing potential customers to the special event site are expressly prohibited in the
medians of a public or private roadway and other town rights-of-way.
(j) Sanitary facilities. Unless indoor facilities are provided by the applicant, the town
may require a permit holder to provide portable-type sanitary facilities for the event
in the number and at the location(s) determined necessary and appropriate by the
town given the nature and scope of the event and the estimated number of
participants and attendees."
SECTION 3.
CUMULATIVE
This Ordinance shall be cumulative of all other provisions of ordinances of the Town
except where the provisions of this Ordinance are in direct conflict with the provisions of
such ordinances, in which event the conflicting provisions of such ordinances are hereby
repealed.
SECTION 4.
SAVINGS
All rights and remedies of the Town are expressly saved as to any and all violations
of the provisions of any other ordinance affecting the subject matter of this Ordinance within
the Town which 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.
SECTION 5.
SEVERABILITY
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 NO. 2024-02 PAGE 15
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 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 hereof shall be fined, upon
conviction, in an amount not less than One Dollar ($1.00) nor more than Five Hundred
Dollars ($500.00), and a separate offense shall be deemed committed each day during or
on which a violation occurs or continues.
SECTION 7.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish the
Caption and Penalty Clause of this Ordinance as required by Section 3.16 of the Town's
Charter.
SECTION 8.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and
publication as provided by law, and it is so ordained.
PASSED AND APPROVED by the Town of Trophy Club, Texas, this the 8th day of
January 2024.
I' • Tiffany,Mays!
OF TRO,.
ATTEST: A
co
Tammy Dix• , Town Secretary c p
APPROVED AS TO FORM: '&4RY 1,19gh
De Rogg , wn Attorney