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ORD 2006-23TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2006-23 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, BY AMENDING ARTICLE II, ENTITLED "PUBLIC SAFETY" OF CHAPTER 10, ENTITLED "PUBLIC SAFETY", SECTION 2.05, "PARKING", SUBSECTION C, PARAGRAPH (1) AND ADDING PARAGRAPH (2)(a) AND (b) TO: PROVIDE PARKING REGULATIONS NEAR CROSSWALKS; AMENDING SECTION 2.07 TO ADOPT A NEW SECTION 2.07, ENTITLED "PRIVATE STREETS", INCLUDING SUBSECTIONS (A)(1-7) TO: PROVIDE REGULATIONS FOR PRIVATE STREETS; AND BY ADDING SECTION 2.08, ENTITLED "PENALTY" TO: RENUMBER THE PENALTY SECTION; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE AUTHORIZING UPON CONVICTION, A FINE OF NOT LESS THAN ONE DOLLAR ($1.00) NOR MORE THAN TWO THOUSAND DOLLARS ($2,000.00), AS ALLOWED BY LAW, AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club is a home rule municipality duly formed under the Constitution and the laws of the State of Texas; and WHEREAS, the regulation of traffic is essential to the furtherance of public health, safety and welfare; and WHEREAS, Section 542.008 of the Texas Transportation Code authorizes a municipality to extend traffic regulations to private subdivisions upon the request of the governing body of the entity that maintains the roads of the private subdivision; and WHEREAS, the Town has received a request from The Lakes of Trophy Club Homeowners Association to extend all traffic rules that apply to roads owned by the Town to the private roads within its privately -gated community of Meadow Ridge; and WHEREAS, the Lakes of Trophy Club Homeowners Association maintains private roads within its subdivision and is therefore empowered to make a request of the Town to extend traffic regulations; and WHEREAS, having considered public safety and the welfare of those persons traveling the private roads within Meadow Ridge, the Town Council finds that enacting an ordinance to extend traffic regulations, both current and future, to private roads within the privately gated community of Meadow Ridge serves the best interests of the public and the Town generally and is a valid governmental function; and WHEREAS, the Town Council determines that regulating parking in relation to certain crosswalks within the Town will increase visibility and further the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT 2.01 Article II entitled, "Traffic & Vehicles" of Chapter 10, entitled "Public Safety" of the Code of Ordinances of the Town of Trophy Club, Texas, is hereby amended to modify Section 2.05, entitled "Parking", subsection C, paragraph (1) and adding paragraph (2)(a) and (b), so that (C) (1) and (2)(a) and (b) of Section 2.05 are hereby revised as follows: "C. Parking on Unapproved Surfaces 1. A person commits an offense if he stops, stands or parks a motor vehicle on a lot, unless the vehicle is on an approved paved surface. 2 It shall be unlawful to park a motor vehicle within twenty feet (20') of the marked crosswalks at the following locations. a. 500 Parkview Lane b. 100 Village Trail west of Alamosa" 2.02 Article II, entitled "Traffic and Vehicles" of Chapter 10, entitled "Public Safety" of the Code of Ordinances of the Town of Trophy Club, Texas, is hereby amended to modify Section 2.07 entitled "Penalty" to adopt a new Section 2.07 entitled "Private Streets", so that Section 2.07 (A)(1-7) read in its entirety as follows: Section 2.07 Private Streets "A. All state law and Town Ordinances and rules regulating traffic on public streets within the Town of Trophy Club, both those existing on the date of the adoption of this Section and those subsequently enacted, shall apply to the private streets specified below. Such private roads are deemed to be public highways or streets for the purposes of the application and enforcement of the traffic regulations imposed under this Section: 1. Briarwood Court 2 Glen Hurst Court 3. Glenwick Court 4. Meadow Ridge Drive 5. Ridgewood Drive 6. Winsted Court" 2.03 Article II, entitled "Traffic and Vehicles" of Chapter 10, entitled "Public Safety" of the Code of Ordinances of the Town of Trophy Club, Texas, is hereby amended to add a new Section 2.08 entitled "Penalty", so that Section 2.08 reads as follows: Section 2.08 Penalty "It shall be unlawful 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, not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), as allowed by law, and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues." SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other ordinances of the Town affecting traffic regulations and shall not repeal any of the provisions of such ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this Ordinance; whether such ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 4. 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 the Ordinance, and the Town Council hereby declares it would have passed such remaining of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the exact Caption and Effective Date clause in the minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in the Ordinance records of the Town. 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 Dollars ($2,000.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. SECTION 7. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 24`h day of July, 2006. Mayor ATTEST: Town Secretary Town of Trophy Club, Texas OT�ROVED AS TO FORM: Town Attorney Town of Trophy Club, Texas Town of Trophy Club, Texas [SEAL]