ORD 1992-09TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 92-09
AN ORDINANCE OF THE TOWN OF TROPHY CLUB,
TEXAS, MAKING IT UNLAWFUL FOR ANY PERSON TO
LOCATE OR MAINTAIN ANY MOBILE HOME OR HUD CODE
MANUFACTURED HOME WITHIN THE CORPORATE LIMITS
OF THE TOWN OTHER THAN IN A MOBILE HOME PARK;
PROVIDING DEFINITIONS; MAKING IT UNLAWFUL TO
REPLACE A MOBILE HOME, AS DEFINED BY ARTICLE
5221F OF THE TEXAS REVISED CIVIL STATUTES,
WITH ANOTHER MOBILE HOME; PROVIDING FOR
REPLACEMENT WITH A HUD -CODE MANUFACTURED HOME;
MAKING IT UNLAWFUL TO LOCATE OR MAINTAIN A
BOAT, TRAILER OR RECREATIONAL VEHICLE WITHIN
THE TOWN OF WHICH IS CONNECTED TO A UTILITY
SERVICE EXCEPT THAT CONSTRUCTION TRAILERS
SHALL NOT BE SUBJECT TO SUCH PROHIBITION;
MAKING IT UNLAWFUL FOR ANY RESIDENT TO LOCATE
ANY BOAT, TRAILER OR RECREATIONAL VEHICLE
WITHIN THE CORPORATE LIMITS OF THE TOWN FOR A
PERIOD OF MORE THAN TWO (2) DAYS PER MONTH
EXCEPT WHEN THE SAME IS ENCLOSED BY A FENCE OR
GARAGE AND NOT VISIBLE FROM A PUBLIC STREET,
AND UNLAWFUL FOR ANY NON-RESIDENT TO LOCATE
ANY RECREATIONAL VEHICLE WITHIN THE CORPORATE
LIMITS OF THE TOWN FOR A PERIOD OF MORE THAN
SEVEN (7) CONSECUTIVE DAYS PER MONTH;
PROVIDING A PRESUMPTION THAT THE OWNER OF SUCH
BOAT, TRAILER OR RECREATIONAL VEHICLE LOCATED
IN VIOLATION HEREOF LOCATED THE BOAT, TRAILER
OR RECREATIONAL VEHICLE; MAKING IT UNLAWFUL
FOR ANY PERSON TO LOCATE ANY TRUCK OR
COMMERCIAL VEHICLE WITH A MANUFACTURER'S RATED
CLASSIFICATION OF GREATER muaar , _ '62
+aar�ar t""1� G TONS
WITHIN THE TOWN FOR A PERIOD OF MORE THAN TWO
(2) DAYS PER MONTH; PROVIDING FOR A PENALTY OF
NOT LESS THAN ONE DOLLAR ($1.00) NOR MORE THAN
FIVE HUNDRED DOLLARS ($500.00) FOR EACH
OFFENSE AND EACH DAY DURING OR ON WHICH A
VIOLATION OCCURS OR CONTINUES SHALL CONSTITUTE
A SEPARATE OFFENSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB
TEXAS: ,
Section 1. Definitions. For the purpose of this Ordinance,
the words and phrases defined shall be construed in accordance with
the definitions set forth hereinafter unless it is apparent from
the context that a different meaning is intended:
-1-
A. "Boat" means any and all watercraft structure which is
designed for carrying persons or property upon a body of water.
B. "HUD -code manufactured home" means a structure,
constructed on or after June 15, 1976, according to the rules of
the United States Department of Housing and Urban Development,
transportable in one or more sections which, in the traveling mode,
is eight body feet or more in width or 40 body feet or more in
length, or, when erected on site, is 320 or more square feet, and
which is built on a permanent chassis and designed to be used as a
dwelling with or without a permanent foundation when connected to
the required utilities, and includes the plumbing, heating, air-
conditioning, and electrical systems.
C. "Mobile Home" means a structure that was constructed
before June 15, 1976, transportable in one or more sections, which,
in the traveling mode, is eight body feet or more in width or 40
body feet or more in length, or, when erected on site, is 320 or
more square feet, and which is built on a permanent chassis and
designed to be used as a dwelling with or without a permanent
foundation when connected to the required utilities, and includes
the plumbing, heating, air-conditioning, and electrical systems.
D. "Recreational Vehicle" means any motor vehicle or trailer
designed and used as a travel trailer, camper, tent trailer,
camping trailer or for any similar purpose.
E. "Trailer" means a vehicle with or without motive power
designed for carrying persons or property and for being drawn by a
motor vehicle and so constructed that no part of its weight rests
upon the towing vehicle and includes, but is not limited to, semi-
trailers, pole trailers, and house trailers as those terms are
defined in article 6701d, Section 5 V.T.C.S., as amended.
Section 2. Mobile Homes. It shall be unlawful for any person
to install, construct, erect, maintain, place or locate any mobile
hone within the corporate limits of the Town of Trophy Club, except
that a mobile home shall be allowed in a designated Mobile
Home/Modular Home District.
Section 3. Replacement of Mobile Home. It shall be unlawful
for any person to replace a mobile home, as that term as defined in
article 5221f of the Texas Revised Civil Statutes, as amended, with
another mobile home. A mobile home may be replaced with a HUD -code
manufactured home, provided a permit is secured from the Town prior
to such replacement.
Section 4. HUD -Code Manufactured Home. It shall be unlawful
for any person to install, construct, erect, maintain, place,
locate, extend or alter any mobile home within the Town; and it
shall be unlawful for any person to install, construct, erect,
maintain, place, locate, extend or alter any HUD -code manufactured
-2-
home within the corporate Limits of the Town unless such person
holds a valid permit issued by the Town Council in the name of such
person for the specific construction, erection, maintenance,
placement, location, extension or alteration.
Section 5. Application. All applications for permits shall
contain the following:
A. Name and address of applicant;
B. Location and legal description of the HUD -code
manufactured home or designated Mobile Home Park.
C. A description of the HUD -code manufactured home;
D. such other information as the Town officials reviewing
the application may require.
Section 6. Recreational Vehicles Boats Trailers Tied Into
Utility Service. It shall be unlawful for any person to locate or
maintain any recreational vehicle, boat or trailer which is tied
into utility service within the Town, except that trailers used
exclusively in conjunction with construction projects shall not be
subject to the prohibition of this section. Such construction
trailers shall be located on the construction site and must be
removed from said site no later than seven (7) days after
completion of construction.
section 7. Maintaining -Heavy Vehicles 1, Recreational vehicles
Boats, Trailers.
A. It shall be unlawful for any person who is a resident of
the Town to locate or maintain any truck or commercial vehicle with
a manufacturer's rated classification of greater than one and one-
half (1-1/2) tons, recreational vehicle, boat or trailer within the
Town for more than two (2) days per month unless the truck or
commercial vehicle, recreational vehicle, boat or trailer is
enclosed by a fence no greater than six (6) feet in height or a
garage and is not visible from a public street; provided, however,
that a truck or commercial vehicle, recreational vehicle, boat or
trailer shall be deemed enclosed by such a fence when no more than
eighteen (18) inches of said recreational vehicle, boat or trailer
is visible above the top of the fence.
B. Any bona fide guest of a resident of the Town of Trophy
Club may locate a recreational vehicle within the Town for a period
not to exceed seven (7) consecutive days.
section B. Presumption. When any truck or commercial
vehicle, recreational vehicle, boat or trailer is found located or
parked in violation of any provision of this Ordinance or other
-3-
ordinances of the Town, such fact shall be prima facie evidence
that the person in whose name it is registered located or parked
the said vehicle.
Section 9. Savin s• Re Baler. This Ordinance shall be
cumulative of all other ordinances of the Town affecting mobile
homes, HUD -Code manufactured homes, boats, motor vehicles, trailers
and trucks 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; provided, however, that Ordinance Nos. 89-12 and 90-08
are hereby repealed, but provided that any complaint, action, claim
or lawsuit which has been initiated or has arisen under or pursuant
to Ordinance Nos. 89-12 and 90-08 on the date of adoption of this
Ordinance shall continue to be governed by the said repealed
Ordinances, and for that purpose the said repealed Ordinances shall
remain in full force and effect.
Section 10. Severability. If any section, article,
paragraph, sentence, clause, phrase or word in this Ordinance, or
application thereto, 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 the ordinance despite such
invalidity, which remaining portions shall remain in full force and
effect.
Section 11. Penalty. Any person, firm, corporation or
association violating any of the provisions of this ordinance shall
be deemed guilty of a misdemeanor and, upon conviction in the
municipal court of the Town shall be subject to a fine not to
exceed the sum of five hundred dollars ($500.00) for each offense,
and each and every day that the premises shall remain in a
condition in violation of the terms of this Ordinance shall
constitute a continuing and separate offense, subject to
application of the full penalty contained herein.
Section 12. That this Ordinance shall become effective from
and after its date of passage and publication as required by law.
PASSED AND APPROVED by the Town Council of the Town of Trophy
Club, Texas this the day of _'�,i f
�... � . 1992.
own of Tropfif Club, Texas
-4-
ATTEST:
Town Secretary
Town. of Trophy Cia, Texas
[SEAL]
-5-