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ORD 1985-19 Septic Tanks Prohibited i TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 85-19 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, MAKING IT UNLAWFUL FOR ANY PERSON TO BUILD, CON- STRUCT, DIG, INSTALL OR MAINTAIN ANY DRY TOILET, SURFACE PRIVY, CESSPOOL OR SEPTIC TANK WITHIN THE TOWN; PROVIDING AN EXCEPTION; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE AND DE-- CLARING AN EMERGENCY BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. It shall be unlawful for any person to build, construct, dig, install, maintain or use any dry toilet, surface privy, cesspool or septic tank within the Town; provided, however, when connection to the Town's sanitary sewer system is impossible or impractical at any time, the construction, maintenance and use of a septic tank constructed in conformity to state, county and local law and approved by the building inspector may be permitted until such time as connection to the sewer system may be made. Section 2. This ordinance shall not apply to those septic tanks which are in place at the time of the passage of this ordinance, provided that they presently meet and maintain and continue to meet and maintain all the provisions as provided by State law. Section 3. Any person, firm, corporation or association who shall fail to comply with the provisions as set forth in the preceding sections shall be subject to a fine, upon conviction in the municipal court, of not more than two hundred dollars ($200.00), and each and every day that the premises shall remain in such condition in violation of the terms of this article shall constitute a separate offense, subject to application of the full penalty contained herein. Section 4. That the health and sanitation regulations as herein established have been made for the purpose of promoting the health, safety, morals and the general welfare of the community. Section 5. This ordinance shall be cumulative of all other ordinances of the Town affecting health and sanitation 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 6. 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 the ordinance and the Town Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall 1 remain in full force and effect. Section 7. The fact that the present health and sanitation ordinances and regulations of the Town are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the Town creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage and publication as provided by law and it is accordingly so ordained. PASSED AND APPROVED this the 24 day of June , 1985. a M or, Town o phy Club, Texas ATTEST: Zaril-0.._ Town .; . tar Town of Trophy Club, Texas [SEAL] APPROVED: )_______,. Town Attorney, Town of ophy Clu Texas -2-