ORD 2026-32 Amending Code of Ordinances Offenses and Nuisances TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2026-32
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING THE CODE OF ORDINANCES, TOWN OF TROPHY CLUB,
TEXAS, BY AMENDING CHAPTER 3 "BUILDING REGULATIONS,"
ARTICLE 3.03 "TECHNICAL AND CONSTRUCTION CODES AND
STANDARDS," SECTION 3.03.351 "ADOPTION" TO ADOPT A LOCAL
AMENDMENT TO THE INTERNATIONAL PROPERTY MAINTENANCE
CODE ESTABLISHING A MAXIMUM WEED AND GRASS HEIGHT,
ARTICLE 3.08 "MOBILE HOMES, MANUFACTURED HOMES,
TRAILERS AND SIMILAR STRUCTURES" BY AMENDING SECTION
3.08.074 AND ADDING A NEW SECTION 3.08.075 "REMOVAL AND
IMPOUNDMENT" TO AUTHORIZE THE TOWING OF COMMERCIAL
MOTOR VEHICLES, BOATS, TRAILERS AND RECREATIONAL
VEHICLES, AND ARTICLE 3.14 "RUNOFF CONTROL, EROSION
CONTROL AND DISCHARGES TO STORM DRAINAGE SYSTEM,"
SECTION 3.14.002 "DEFINITIONS"; AMENDING CHAPTER 8
"OFFENSES AND NUISANCES," ARTICLE 8.02 "NOISE" TO
ESTABLISH DECIBEL AND DISTANCE STANDARDS AND AMEND THE
PENALTY, ARTICLE 8.08 "ABANDONED OR JUNKED VEHICLES" TO
CONFORM TO CHAPTER 683 OF THE TEXAS TRANSPORTATION
CODE, AND ARTICLE 8.09 "WEEDS, REFUSE OR OTHER
OBJECTIONABLE MATTER" TO REDUCE THE MAXIMUM GRASS AND
WEED HEIGHT TO TEN INCHES, REQUIRE GROUND COVER,
PROVIDE FOR THE ABATEMENT OF DEAD TREES, AND CONFORM
NOTICE AND LIEN PROCEDURES TO CHAPTER 342 OF THE TEXAS
HEALTH AND SAFETY CODE; AMENDING CHAPTER 13 "UTILITIES,"
ARTICLE 13.02 "SOLID WASTE," SECTION 13.02.003 "DUTIES OF
RESIDENTIAL CUSTOMERS" TO REGULATE THE STORAGE
LOCATION OF REFUSE AND RECYCLING CONTAINERS; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED
THE SUM OF TWO HUNDRED DOLLARS ($200.00), FIVE HUNDRED
DOLLARS ($500.00), OR TWO THOUSAND DOLLARS ($2,000.00) FOR
EACH OFFENSE, AS APPLICABLE, 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 of Trophy Club, Texas (the "Town") is a home rule
municipality acting under its charter adopted by the electorate pursuant to Article XI,
Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, the Town Council is authorized by Sections 51.072, 54.001 , and
217.042 of the Texas Local Government Code to adopt ordinances for the good
ORDINANCE NO. 2026-32 PAGE 2
government, peace, and order of the Town, to define, prohibit, and abate nuisances, and
to punish violations thereof, including, as authorized by Section 54.001 of the Texas Local
Government Code, by a fine not to exceed two thousand dollars ($2,000.00) for the
violation of an ordinance that governs public health and sanitation; and
WHEREAS, Chapter 342 of the Texas Health and Safety Code authorizes the
Town to require the owner of real property to keep the property free from weeds, brush,
and conditions constituting a public nuisance, to abate such conditions after notice, and
to assess the expense of abatement against the property; and
WHEREAS, Subchapter E, Chapter 683 of the Texas Transportation Code
authorizes the Town to adopt procedures for the abatement and removal of junked
vehicles as public nuisances, and Section 542.202 of the Texas Transportation Code
authorizes the Town to regulate the stopping, standing, and parking of vehicles; and
WHEREAS, the Town Council has previously adopted regulations governing the
storage of commercial motor vehicles, boats, trailers, and recreational vehicles; noise;
junked vehicles; weeds, refuse, and other objectionable matter; erosion control; and the
placement of solid waste containers; and
WHEREAS, the Town Council desires to update those regulations for clarity, to
provide additional means of enforcement, to establish objective standards for noise, and
to comply with changes in State law since their adoption; and
WHEREAS, the Town Council finds that dead trees, high grass and weeds, bare
and eroding soil, refuse containers stored in front yards, junked vehicles, and excessive
noise are detrimental to the health, safety, and welfare of the public and to the value of
property in the Town, and that the regulation of weeds, refuse, and other objectionable
matter and the storage of solid waste containers are matters governing the public health
and sanitation of the Town; and
WHEREAS, this Ordinance was considered by the Town Council at a meeting held
on November 9th, 2026, which was open to the public as required by Chapter 551 of the
Texas Government Code; and
WHEREAS, the Town Council finds that the adoption of this Ordinance is in the
best interest of the Town and promotes the public health, safety, and general welfare of
its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, THAT:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
ORDINANCE NO. 2026-32 PAGE 3
SECTION 2.
AMENDMENTS TO CHAPTER 3,
"BUILDING REGULATIONS"
2.01 The Code of Ordinances, Town of Trophy Club, Texas, Chapter 3 "Building
Regulations," Article 3.03 `Technical and Construction Codes and Standards," Division 8
"Property Maintenance Code," Section 3.03.351 "Adoption" is amended to read as
follows:
"§ 3.03.351 Adoption.
(a) The 2021 edition of the International Property Maintenance Code of the
International Code Council is from the effective date hereof, adopted as the property
maintenance code of the town. One copy of such International Property Maintenance
Code is incorporated herein by reference and shall have been filed for permanent record
and inspection in the office of the town secretary.
(b) The following amendment is made to the International Property Maintenance
Code: Section 302.4, "Weeds," is amended by inserting "ten (10) inches" as the maximum
height of weeds and plant growth. In the event of a conflict between section 302.4 and
article 8.09 of this code, the more restrictive provision shall control."
2.02 The Code of Ordinances, Town of Trophy Club, Texas, Chapter 3 "Building
Regulations," Article 3.08 "Mobile Homes, Manufactured Homes, Trailers and Similar
Structures," Division 3 "Storage and Occupancy of Trailers, Boats, Commercial Vehicles
and Recreational Vehicles," Section 3.08.074 "Presumption that registered owner is
responsible for violation" is amended to read as follows:
"§ 3.08.074 Presumption that registered owner is responsible for violation.
When any truck or commercial vehicle, recreational vehicle, boat or trailer is found located
or parked in violation of any provision of this article or other codes of the town, such fact
shall be prima facie evidence that the person in whose name it is registered located or
parked the vehicle. This presumption also applies to proceedings for removal under
section 3.08.075."
2.03 The Code of Ordinances, Town of Trophy Club, Texas, Chapter 3 "Building
Regulations," Article 3.08 "Mobile Homes, Manufactured Homes, Trailers and Similar
Structures," Division 3 "Storage and Occupancy of Trailers, Boats, Commercial Vehicles
and Recreational Vehicles" is amended by adding a new Section 3.08.075 "Removal and
impoundment" to read as follows:
"§ 3.08.075 Removal and impoundment.
(a) Public streets and rights-of-way. A truck or commercial motor vehicle, boat, trailer,
or recreational vehicle that is parked, stored, or left standing on a public street, alley, or
right-of-way in violation of this division or section 12.04.008 of this code may be removed
and impounded at the direction of a police officer:
ORDINANCE NO. 2026-32 PAGE 4
(1) twenty-four (24) hours after a notice of violation is affixed to the vehicle, if
the violation has not been corrected; or
(2) immediately, without prior notice, if the vehicle obstructs traffic, blocks a
driveway, mailbox, fire hydrant, or fire lane, creates a traffic hazard, or may
otherwise be removed under section 545.305 of the Texas Transportation
Code.
(b) Private property; notice. If a truck or commercial motor vehicle, boat, trailer, or
recreational vehicle is kept on private property in violation of section 3.08.072, the town
shall give written notice to the registered owner and to the owner or occupant of the
property. Notice shall be delivered in person, by certified mail, or by posting on the vehicle
and on the front door of the residence. The notice shall describe the violation, require
correction within ten (10)days, and state that a hearing may be requested in writing before
the expiration of the ten-day period.
(c) Hearing. A timely requested hearing shall be held before the municipal judge or a
hearing officer designated by the town manager not earlier than the eleventh (11th) day
after notice is given. If the violation is found to exist, the municipal judge or hearing officer
shall issue a written order authorizing removal of the vehicle.
(d) Entry onto private property. A vehicle may be removed from private property under
an order issued under subsection (c), or, if no hearing was timely requested, after the
expiration of the ten-day period, only with the consent of the owner or occupant of the
property, under a court order, or under an inspection warrant issued under article 18.05
of the Texas Code of Criminal Procedure.
(e) Towing and storage. Removal under this section shall be performed by a towing
company licensed under chapter 2308 of the Texas Occupations Code, and the vehicle
shall be stored at a vehicle storage facility licensed under chapter 2303 of the Texas
Occupations Code. The owner of the vehicle is liable for all towing, storage, and
notification fees authorized by state law and the town's fee schedule.
(f) Relocation. The relocation of a vehicle to another location within the town at which
it remains in violation of this division does not affect a proceeding under this section.
(g) Remedies cumulative. Removal under this section is in addition to any other
penalty or remedy provided by this code or state law."
2.04 The Code of Ordinances, Town of Trophy Club, Texas, Chapter 3 "Building
Regulations," Article 3.14 "Runoff Control, Erosion Control and Discharges to Storm
Drainage System," Section 3.14.002 "Definitions" is amended by amending the definition
of"Permanent ground cover" to read as follows:
"Permanent ground cover. Permanent vegetative cover on all bare soil areas of a
property not covered by a permanent structure or landscaping improvements,
including but not limited to live sod, perennial grasses, living groundcover plants,
ORDINANCE NO. 2026-32 PAGE 5
landscape beds covered with organic mulch or decorative rock, artificial turf
installed in accordance with section 14.02.352(g)(5) of this code, driveways,
sidewalks, walkways, patios, or other materials which lessen runoff and soil
erosion on the property."
2.05 The Code of Ordinances, Town of Trophy Club, Texas, Chapter 3 "Building
Regulations," Article 3.14 "Runoff Control, Erosion Control and Discharges to Storm
Drainage System," Section 3.14.006 "Nuisances" is amended revising and replacing
subsection (b) only to read as follows:
§ 3.14.006 Nuisances.
"(b) It shall be unlawful and an offense and shall constitute a nuisance for any person
owning or having control of real property within the town to suffer or permit soil, mud, rock
or debris to wash, slide, erode or otherwise be moved from said real property onto streets,
alleys, public sidewalks, utility facilities, rights-of-way or easements. It shall be the duty
of each person owning or having control thereof to establish, keep, and maintain
permanent ground cover, or take other appropriate action, to prevent soil, mud, rock or
debris from such real property being deposited or otherwise transported onto the streets,
alleys, public sidewalks, utility facilities, rights-of-way or easements of the town and to
inspect such property and acquaint themselves with the conditions existing and to remedy
any conditions likely or calculated to allow soil, mud, rock or debris to wash, slide, erode
or otherwise be transported onto the streets, alleys, public sidewalks, utility facilities,
rights-of-way or easements, and failure to do so shall be deemed criminal negligence for
the purpose of the offense described herein."
SECTION 3.
AMENDMENTS TO CHAPTER 8, ARTICLE 8.02,
"NOISE"
3.01 The Code of Ordinances, Town of Trophy Club, Texas, Chapter 8 "Offenses
and Nuisances," Article 8.02 "Noise," Section 8.02.001 "Penalty" is amended to read as
follows:
"§ 8.02.001 Penalty.
Any person violating any of the provisions of this article shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be fined in a sum not to exceed five
hundred dollars($500.00), and a separate offense shall be deemed committed upon each
day during or on which a violation occurs or continues."
3.02 The Code of Ordinances, Town of Trophy Club, Texas, Chapter 8 "Offenses
and Nuisances," Article 8.02 "Noise" is amended by adding new Sections 8.02.006
"Definitions and measurement," 8.02.007 "Maximum sound levels," and 8.02.008 "Plainly
ORDINANCE NO. 2026-32 PAGE 6
audible distance limits; exemptions" to read as follows:
"§ 8.02.006 Definitions and measurement.
(a) Definitions. For the purposes of this article, the following definitions shall apply
unless the context clearly indicates or requires a different meaning:
dBA. The sound pressure level in decibels measured on the A-weighting network
of a sound level meter.
Plainly audible. Any sound that a person with normal hearing can clearly hear,
including the bass component of music, whether or not words or a tune can be
identified.
Receiving property. The property on which a sound is received.
(b) Instrument. Sound levels shall be measured by a police officer or code
enforcement officer trained in the use of the instrument, using a Type 1 or Type 2 sound
level meter meeting ANSI/ASA S1.4 standards, set to A-weighting and slow response,
and calibrated before each use.
(c) Location. Measurements shall be taken at or beyond the property line of the
receiving property or, with the consent of the complainant, inside the receiving property.
The microphone shall be placed at least three (3)feet above the ground and at least three
(3) feet from any wall or other reflecting surface.
(d) Ambient sound. If the ambient sound level without the source exceeds a limit
established by section 8.02.007, the applicable limit shall be the ambient sound level plus
five (5) dBA.
§ 8.02.007 Maximum sound levels.
A person commits an offense if the person makes, or as the owner or person in control of
property allows, a sound from that property that, when measured in accordance with
section 8.02.006, exceeds:
(1) on residential receiving property, ninety (90) dBA between 7:00 a.m. and
12:00 a.m., or seventy (70) dBA between 12:00 a.m. and 7:00 a.m.; or
(2) on nonresidential receiving property, one hundred (100) dBA between 7:00
a.m. and 12:00 a.m., or eighty (80) dBA between 12:00 a.m. and 7:00 a.m.
§ 8.02.008 Plainly audible distance limits; exemptions.
(a) Distance limits. A person commits an offense if the person operates, or allows the
operation of:
(1) a sound system in or on a motor vehicle, on a public street, alley, parking
lot, or right-of-way, that is plainly audible at a distance of fifty (50) feet or
ORDINANCE NO. 2026-32 PAGE 7
more from the vehicle; or
(2) between 12:00 a.m. and 7:00 a.m., a radio, stereo, speaker, amplifier,
musical instrument, or similar device on private property that is plainly
audible at a distance of fifty (50) feet or more beyond the property line of
the property on which it is located, or inside a dwelling unit other than the
one in which it is located.
(b) Exemptions. Sections 8.02.007 and 8.02.008(a) do not apply to:
(1) emergency vehicles, alarms, and work performed in an emergency;
(2) events sponsored bythe town or a school district, or conducted under a
P
permit issued under section 8.02.005, within the terms of the permit;
(3) construction activity during the hours allowed by section 8.02.003(a)(6) and
(7);
(4) equipment exempted by section 8.02.004;
(5) sport shooting ranges, agricultural operations, aircraft, and railroads, to the
extent that state or federal law preempts local regulation; and
(6) sound regulated by a specific use permit or planned development district
condition that establishes a different limit, but only to the extent of, and
subject to, that different limit; in all other respects, sections 8.02.007 and
8.02.008(a) continue to apply.
(c) Cumulative. Sections 8.02.006 through 8.02.008 are cumulative of section
8.02.003, and a violation of either may be prosecuted independently; provided that this
subsection does not override a different limit established under subsection (b)(6) by a
specific use permit or planned development district condition."
SECTION 4.
AMENDMENTS TO CHAPTER 8, ARTICLE 8.08,
"ABANDONED OR JUNKED VEHICLES"
4.01 The Code of Ordinances, Town of Trophy Club, Texas, Chapter 8 "Offenses
and Nuisances," Article 8.08 "Abandoned or Junked Vehicles," Division 1 "Generally,"
Section 8.08.001 "Definitions" is amended by deleting the definition of "Junked motor
vehicle" and adding a definition of "Junked vehicle," in alphabetical order, to read as
follows:
"Junked vehicle. A vehicle that is self-propelled and is:
(A) wrecked, dismantled or partially dismantled, or discarded; or
(B) inoperable and has remained inoperable for more than:
ORDINANCE NO. 2026-32 PAGE 8
(i) seventy-two (72) consecutive hours, if the vehicle is on public
property; or
(ii) thirty (30) consecutive days, if the vehicle is on private
property.
The term includes a motor vehicle, aircraft, or watercraft. Division 3 of this article
applies only to: (1) a motor vehicle that displays an expired license plate or does
not display a license plate; (2) an aircraft that does not have lawfully printed on the
aircraft an unexpired federal aircraft identification number registered under Federal
Aviation Administration aircraft registration regulations in 14 C.F.R. Part 47; or (3)
a watercraft that does not have lawfully on board an unexpired certificate of
number and is not a watercraft described by section 31.055 of the Texas Parks
and Wildlife Code."
4.02 The Code of Ordinances, Town of Trophy Club, Texas, Chapter 8 "Offenses
and Nuisances," Article 8.08 "Abandoned or Junked Vehicles," Division 3 "Junked
Vehicles" is amended in its entirety to read as follows:
"Division 3. Junked Vehicles
§ 8.08.061 Declaration of nuisance; offense; penalty.
(a) Vehicles visible from a public place or right-of-way. A junked vehicle, including a
part of a junked vehicle, that is visible at any time of the year from a public place or public
right-of-way is detrimental to the safety and welfare of the public, tends to reduce the
value of private property, invites vandalism, creates a fire hazard, is an attractive nuisance
creating a hazard to the health and safety of minors, produces urban blight adverse to the
maintenance and continuing development of the town, and is a public nuisance.
(b) Vehicles visible only from private property. A junked vehicle that is located in a
place where it is visible only from private property is detrimental to the safety and welfare
of the general public, tends to reduce the value of private property, invites vandalism,
creates fire hazards, constitutes an attractive nuisance creating a hazard to the health
and safety of minors, and is detrimental to the economic welfare of the town by producing
urban blight adverse to the maintenance and continuing development of the town, and is
a nuisance. The provisions of sections 8.08.062 and 8.08.063 shall not be applicable to
a junked vehicle visible only from private property. For purposes of enforcement of this
subsection (b), a complaint may be filed in the municipal court of the town, and the town
may pursue any remedy it may have, whether at law or in equity, to ensure compliance
with this article. Physical removal of a junked vehicle that is visible only from private
property may be accomplished only pursuant to a court order or other judicially authorized
or otherwise lawful process.
(c) Offense. A person commits an offense if the person maintains a public nuisance
or nuisance described by this section on property owned by the person or under the
person's control.
ORDINANCE NO. 2026-32 PAGE 9
(d) Penalty. An offense under this section is a misdemeanor punishable by a fine not
to exceed two hundred dollars ($200.00). On conviction, the court shall order abatement
and removal of the nuisance.
§ 8.08.062 Notice.
(a) Before abating a public nuisance under this division, the town shall give not less
than ten (10) days' notice of the nature of the nuisance. The notice shall be personally
delivered, sent by certified mail with a five-day return requested, or delivered by the United
States Postal Service with signature confirmation service to:
(1) the last known registered owner of the nuisance;
(2) each lienholder of record of the nuisance; and
(3) the owner or occupant of the property on which the nuisance is located or,
if the nuisance is located on a public right-of-way, the owner or occupant of
the property adjacent to the right-of-way.
(b) The notice shall state that the nuisance must be abated and removed not later than
the tenth (10th) day after the date on which the notice was personally delivered or mailed,
and that any request for a hearing must be made before that ten-day period expires.
(c) If the post office address of the last known registered owner of the nuisance is
unknown, notice may be placed on the nuisance or, if the owner is located, personally
delivered.
(d) If notice is returned undelivered, action to abate the nuisance shall be continued
to a date not earlier than the eleventh (11th) day after the date of the return.
§ 8.08.063 Hearing; order; removal.
(a) If a person entitled to notice under section 8.08.062(a)(3) requests a hearing
before the expiration of the ten-day period, the municipal judge shall conduct a public
hearing not earlier than the eleventh (11th) day after the date of service of the notice.
(b) At the hearing, the junked vehicle is presumed, unless demonstrated otherwise by
the owner, to be inoperable.
(c) If the municipal judge determines that a public nuisance exists, the municipal judge
shall issue an order requiring removal of the nuisance. If the information is available at
the location of the nuisance, the order shall include:
(1) for a motor vehicle, the vehicle's description, vehicle identification number,
and license plate number;
(2) for an aircraft, the aircraft's description and federal aircraft identification
number; and
ORDINANCE NO. 2026-32 PAGE 10
(3) for a watercraft, the watercraft's description and the identification number
set forth in its certificate of number.
(d) If no hearing is timely requested and the nuisance is not abated within the ten-day
period, the town may remove the nuisance without further hearing, subject to subsection
(e) and to the entry requirements of section 8.08.065.
(e) A junked vehicle or part of a junked vehicle removed under this division may not
be reconstructed or made operable after removal, and may be removed to a scrapyard,
a motor vehicle demolisher, or a suitable site operated by the town.
(f) Not later than the fifth (5th) day after the date of removal, the town shall give notice
to the Texas Department of Motor Vehicles identifying the vehicle or part of the vehicle
removed.
(g) The relocation of a junked vehicle that is a public nuisance to another location in
the town after a proceeding for the abatement and removal of the public nuisance has
commenced has no effect on the proceeding if the junked vehicle constitutes a public
nuisance at the new location.
§ 8.08.064 Exceptions.
The procedures of this division shall not apply to a vehicle or vehicle part:
(1) that is completely enclosed in a building in a lawful manner and is not visible
from the street or other public or private property; or
(2) that is stored or parked in a lawful manner on private property in connection
with the business of a licensed vehicle dealer or junkyard, or that is an
antique auto or special interest vehicle stored by a collector on the
collector's property, if the vehicle or part and the outdoor storage area, if
any, are maintained in an orderly manner, are not a health hazard, and are
screened from ordinary public view by appropriate means, including a
fence, rapidly growing trees, or shrubbery.
§ 8.08.065 Administration and enforcement.
The procedures of this division shall be administered by regularly salaried, full-time
employees of the town designated by the town manager, including the chief of police and
code enforcement officers, except that any authorized person may remove the nuisance.
A person authorized to administer the procedures of this division may enter private
property to examine a nuisance, to obtain information to identify the nuisance, and to
remove or direct the removal of the nuisance; provided, however, that no entry onto
private property, and no removal of a nuisance, may be made under this division except
with the consent of the owner or occupant, under a court order, under an inspection
warrant issued under article 18.05 of the Texas Code of Criminal Procedure, or under
other lawful authority, unless a legally recognized emergency authority applies.
ORDINANCE NO. 2026-32 PAGE 11
§ 8.08.066 Remedies cumulative.
The procedures of this division are in addition to any other remedy available to the town,
including prosecution in the municipal court and injunctive relief in a court of competent
jurisdiction."
SECTION 5.
AMENDMENTS TO CHAPTER 8, ARTICLE 8.09,
"WEEDS, REFUSE OR OTHER OBJECTIONABLE MATTER"
5.01 The Code of Ordinances, Town of Trophy Club, Texas, Chapter 8 "Offenses
and Nuisances," Article 8.09 "Weeds, Refuse or Other Objectionable Matter," Sections
8.09.001 "Prohibited conditions on private property," 8.09.002 "Prohibited conditions in
area between property line and street," 8.09.003 "Removal," 8.09.004 "Objectionable and
unsightly vegetation defined," 8.09.005 "Notice of violation; performance of work by town,"
and 8.09.006 "Assessment of town's expenses" are amended to read as follows:
"§ 8.09.001 Prohibited conditions on private property.
(a) It shall be unlawful for any person, firm, corporation, partnership, sole
proprietorship or any other entity recognized in law owning, leasing, claiming, occupying
or having supervision or control of any real property, occupied or unoccupied, improved
or unimproved, within the corporate limits of the town, to permit or allow:
(1) Grass or weeds to grow or brush to accumulate to a height greater than ten
(10) inches upon any such real property;
(2) Any trash, rubbish or any other type of objectionable material or unsightly
matter (including, without way of limitation, stacks of old lumber, scrap
materials, demolished or partly demolished buildings or structures, piles of
stones, bricks or broken rock, or fence panels) to accumulate on such
property, notwithstanding such persons did not permit such accumulation
upon such property;
(3) Any dead tree, dead or broken limb, or dead shrub, whether standing or
fallen, that is visible from a public right-of-way subject to the standards and
procedures of section 8.09.010 governing arborist determination, notice,
and hearing; or any dead standing tree or hazardous limb, regardless of
visibility from a public right-of-way, that poses an imminent hazard or threat
to public health, safety, or adjacent property, is hereby declared a public
nuisance and shall be removed; or
(4) Any area of the property not covered by a building or structure shall have
sufficient ground cover, turf grass, landscaping, or paved surfaces to
prevent dirt, soil, or sediment from eroding and collecting onto any public
sidewalk, walkway, or curb. Such areas shall be maintained with one or
more of the following: (A) live turf grass or sod; (B) living groundcover
plants; (C) landscape beds covered with organic mulch or decorative rock;
ORDINANCE NO. 2026-32 PAGE 12
(D) artificial turf installed in accordance with section 14.02.352(g)(5) of this
code; or (E) driveways, sidewalks, walkways, patios, or other paved
surfaces lawfully constructed under this code. This paragraph does not
apply to (i) an area undergoing permitted construction with erosion controls
in place in accordance with article 3.14 of this code; (ii) an area seeded or
sodded within the preceding sixty (60) days; or (iii) turf that is dormant or
thinned because of drought or watering restrictions but remains rooted.
(b) With respect to lots, tracts or parcels of land of two (2) or more acres under single
ownership, the provisions of this section shall be applicable to the entire lot, tract or parcel
of land; provided, however, that in the event any such lot, tract or parcel of land is regularly
cultivated, only that area of the lot, tract or parcel of land within one hundred feet (100')
from any adjacent property under different ownership and any adjacent or contiguous
right-of-way, alley, utility easement or other public right-of-way shall comply with terms of
subsection (a) of this section.
§ 8.09.002 Prohibited conditions in area between property line and street.
It shall be unlawful for any person, firm, corporation, partnership, sole proprietorship or
any other entity recognized in law owning, leasing, claiming, occupying or having
supervision or control of any real property, occupied or unoccupied, improved or
unimproved, within the corporate limits of the town, to permit or allow:
(1) Grass or weeds to grow in or brush to accumulate along, upon or across
the area between the property line and the curb line of a street or alley, or,
if there is no curb, between the property line and the pavement of a street
or alley or traveled way, to a height greater than ten inches (10");
(2) Any trash, rubbish or any other type of objectionable material or unsightly
matter (including, without way of limitation, stacks of old lumber, scrap
materials, demolished or partly demolished buildings or structures, piles of
stones, bricks or broken rock, or fence panels) to accumulate or to be
present in, along, upon or across the areas identified in subsection (1) of
this section; or
(3) Any dead tree or dead or broken limb to be present in, along, upon, or
across the areas identified in subsection (1) of this section, or to overhang
a street, alley, or sidewalk.
§ 8.09.003 Removal.
It shall be the duty of any person, firm, corporation, partnership, sole proprietorship or
other entity recognized in law owning, leasing, claiming, occupying or having supervision
or control of any real property, occupied or unoccupied, improved or unimproved, within
the corporate limits of the town to cut or cause to be cut, and remove or cause to be
removed, all such grass, weeds, brush, dead trees and limbs, and other objectionable or
unsightly matter, and to establish and maintain such ground cover, as may be necessary
to comply with this article.
ORDINANCE NO. 2026-32 PAGE 13
§ 8.09.004 Objectionable and unsightly vegetation defined.
All vegetation not regularly cultivated and which exceeds ten inches (10") in height shall
be presumed to be objectionable and unsightly, except that regularly cultivated crops will
not be allowed to grow within the right-of-way of any public street, alley, easement or
other public right-of-way but shall be kept mowed or cut back as provided above.
§ 8.09.005 Notice of violation; performance of work by town.
(a) In the event that any person, corporation, partnership, sole proprietorship or other
entity recognized in law owning, claiming, occupying or having supervision or control of
any real property, occupied or unoccupied, improved or unimproved, within the corporate
limits of the town fails to comply with the provisions of this article, the town may give at
least ten (10) days' notice in writing to such person of the violation of this article. Such
notice must be given:
(1) Personally to the owner in writing;
(2) By letter addressed to the owner at the owner's address as recorded in the
records of the appraisal district in which the property is located; or
(3) If personal service cannot be obtained:
(A) By publication at least once;
(B) By posting the notice on or near the front door of each building on
the property to which the violation relates; or
(C) By posting the notice on a placard attached to a stake driven into the
ground on the property to which the violation relates.
(b) If the town mails a notice to a property owner in accordance with subsection (a),
and the United States Postal Service returns the notice as "refused" or "unclaimed," the
validity of the notice is not affected, and the notice is considered delivered.
(c) If the owner of property fails or refuses to comply with the provisions of this article
within ten (10) days of notice of a violation, the town may go upon such property and do
or cause to be done the work necessary to obtain compliance with this article, and may
pay for the work done or improvements made and charge the expenses incurred in doing
or having same done to the owner of such property.
(d) The town may, in the notice of a violation, inform the owner by regular mail and a
posting on the property, or by personally delivering the notice, that if the owner commits
another violation of the same kind or nature that poses a danger to the public health and
safety on or before the first anniversary of the date of the notice, the town without further
notice may correct the violation at the owner's expense and assess the expense against
the property. If a violation covered by such a notice occurs within the one-year period,
and the town has not been informed in writing by the owner of an ownership change, the
ORDINANCE NO. 2026-32 PAGE 14
town without notice may take any action permitted by subsection (c) and assess its
expenses as provided by section 8.09.006.
§ 8.09.006 Assessment of town's expenses.
In addition to the administrative fee provided for under section A1.011 of the fee schedule
in appendix A of this code, the charges provided for in this article shall be levied, assessed
and collected by the town. In the event the owner of the premises upon which work was
done and charges were incurred fails or refuses to pay such charges and expenses within
thirty (30) days after the first day of the month following the one in which the work was
done, the mayor, the municipal health authority, or a town official designated by the mayor
shall file with the county clerk of Denton County or Tarrant County, as applicable, a
statement of the expenses that the town has incurred pursuant to this article, stating the
name of the owner, if known, and the legal description of the property. A signature on the
statement may be a facsimile signature. The lien attaches upon the filing of the statement
with the county clerk. The town shall have a privileged lien on the property involved,
inferior only to tax liens and liens for street improvements, to secure the expenditures
made and interest accruing at the rate of ten percent (10%) on the amount due from the
date of payment by the town. For any such expenditures and interest, suit may be
instituted and foreclosure had in the name of the town, including in a proceeding under
subchapter E, chapter 33 of the Texas Tax Code, and the statement so made, or a
certified copy thereof, shall be prima facie proof of the amount expended for any such
work or improvements."
5.02 The Code of Ordinances, Town of Trophy Club, Texas, Chapter 8 "Offenses
and Nuisances," Article 8.09 "Weeds, Refuse or Other Objectionable Matter," Section
8.09.009 "Penalty" is amended to read as follows:
"§ 8.09.009 Penalty.
It shall be unlawful for any person to violate any provision of this article, and any person
violating or failing to comply with any provision of this article shall be fined, upon
conviction, an amount not to exceed two thousand dollars ($2,000.00), and a separate
offense shall be deemed committed each day during or on which a violation occurs or
continues."
5.03 The Code of Ordinances, Town of Trophy Club, Texas, Chapter 8 "Offenses
and Nuisances," Article 8.09 "Weeds, Refuse or Other Objectionable Matter" is amended
by adding a new Section 8.09.010 "Dead trees" to read as follows:
"§ 8.09.010 Dead trees.
(a) Definition. In this article, "dead tree" means a tree, or a limb or portion of a tree,
that is dead, or that is so diseased, damaged, or decayed that it is dying or in danger of
falling, as determined by the town manager or designee. A fallen dead tree, dead limb, or
dead shrub is brush for purposes of this article and chapter 342 of the Texas Health and
Safety Code.
ORDINANCE NO. 2026-32 PAGE 15
(b) Declaration of nuisance. A dead tree located on private property within the town is
declared to be a nuisance and a danger to persons and property, whether or not it is
visible from a public place.
(c) Fallen trees and limbs. Fallen dead trees, dead limbs, and dead shrubs shall be
abated in the manner provided by sections 8.09.005 through 8.09.007, and fallen or dead
trees shall be abated in a manner that removes the stump to a height of no more than two
feet.
(d) Standinq trees; notice. Before the town removes a standing dead tree, the town
manager or designee shall obtain a written determination from an arborist certified by the
International Society of Arboriculture or a registered forester that the tree is dead or dying,
and shall give notice to the owner in the manner provided by section 8.09.005(a). The
notice shall describe the tree, attach or summarize the determination, require removal
within ten (10) days, and state that the owner may request a hearing in writing within that
period.
(e) Standinq trees; hearing. If a hearing is timely requested, the town manager or
designee shall conduct the hearing within twenty (20) days after the request is received
and shall issue a written decision. The owner may testify and present witnesses and
written information, including a report from the owner's arborist. The town shall not
remove the tree while a timely request for hearing is pending, except as provided by
subsection (f). A failure of the owner to comply with the notice under subsection (d) or
with a decision under this subsection does not, of itself, authorize the town to enter the
property or to remove a standing dead tree unless the town first obtains the consent of
the owner or occupant, a court order, or an inspection warrant issued under article 18.05
of the Texas Code of Criminal Procedure, except where the emergency authority in
subsection (f) applies.
(f) Emergency. If the town manager, or designee, determines, and documents in
writing, that a dead tree presents an imminent danger to life, to a structure, or to a public
street or sidewalk, the town may remove it without prior notice. Not later than the tenth
(10th) day after the removal, the town shall give notice to the owner in the manner
provided by section 8.09.005(a) of the removal and of the right to an administrative
hearing, which shall be conducted in the manner provided by subsection (e) of this
section.
(g) Assessment of expenses. The town's expenses under this section shall be
charged to the owner and assessed against the property in the manner provided by
section 8.09.006 to the extent permitted by state law. Any expense that is not secured by
a lien may be recovered in a civil action.
(h) Tree preservation. The removal of a dead tree under this section does not require
a tree removal permit or replacement trees under chapter 10, article 10.02, division 8 of
this code."
ORDINANCE NO. 2026-32 PAGE 16
SECTION 6.
AMENDMENT TO CHAPTER 13, ARTICLE 13.02,
"SOLID WASTE"
6.01 The Code of Ordinances, Town of Trophy Club, Texas, Chapter 13
"Utilities," Article 13.02 "Solid Waste," Division 1 "Solid Waste and Recycling Collection
and Disposal," Section 13.02.003 "Duties of residential customers" is amended by adding
a new subsection (9) to read as follows:
"(9) Storage of containers between collections. The requirements of this
subsection are adopted to protect the public health and sanitation of the
town, in that refuse and recycling containers stored in public view, in a front
yard, or in a street, alley, sidewalk, or other public right-of-way attract
rodents, insects, and scavenging animals, generate odors, and contribute
to the scattering and decomposition of refuse. A violation of this subsection
is a violation of an ordinance that governs public health and sanitation.
(A) Except during the times allowed by subsections (2) and (3) of this
section, refuse and recycling containers shall be stored: (i) in a
garage or other enclosed accessory structure; (ii) in a side yard,
behind the front building line of the main structure; or (iii) in the rear
yard.
(B) No refuse or recycling container shall be stored in a front yard, on
the portion of a driveway in front of the front building line, or in a
street, alley, sidewalk, or other public right-of-way.
(C) If the town manager or designee determines that a lot has no side
yard, rear yard, or garage in which containers can reasonably be
stored, the town manager or designee may approve in writing an
alternative storage location that is as far from the street as
practicable and screened from public view.
(D) The town manager or designee shall grant a reasonable
accommodation from this subsection when necessary to afford a
person with a disability equal opportunity to use and enjoy a dwelling.
(E) For purposes of this subsection, "front building line" means a line
parallel to the street that passes through the part of the main
structure closest to the front property line."
SECTION 7.
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
ORDINANCE NO. 2026-32 PAGE 17
ordinances are repealed.
SECTION 8.
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 9.
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 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 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 10.
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:
(a) Two Hundred Dollars ($200.00) for a violation of Chapter 8, Article 8.08, as
amended, each of which regulates conditions affecting the public health
and sanitation of the Town, as authorized by Section 54.001(b)of the Texas
Local Government Code;
(b) Two Thousand Dollars ($2,000.00) for a violation of Chapter 8, Article 8.09,
or Chapter 13, Article 13.02, as amended; and
(c) Five Hundred Dollars ($500.00) for a violation of any other provision of this
Ordinance;
and a separate offense shall be deemed committed each day during or on which a
violation occurs or continues.
SECTION 11.
PUBLICATION
The Town Secretary of the Town of Trophy Club is directed to publish the caption
and penalty clause of this Ordinance as required by Section 3.16 of the Town's Charter.
ORDINANCE NO. 2026-32 PAGE 18
SECTION 12.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and
publication as provided by law; provided, however, that for a period of ninety (90) days
after the effective date, violations of Section 13.02.003(9), as added by this Ordinance,
shall be enforced by written warning only, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 9th day of November 2026.
,OP H Y c�G e iffa f, Mayor
ATTEST:
/r
Tammy Dixon, T n Secrets !VU
APPROVED AS TO FORM:
Dean R gia, To orney