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ORD 1988-26� ! J ORDINANCE 0 88-26 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. x$-26 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 86-09 PROHIBITING PARKING BETWEEN 3:00 A.M. AND 5:00 A.M. BY ADDING A NEW SECTION ALLOWING PARKING DURING SUCH HOURS WITH THE ISSUANCE OF AN ANNUAL PERMIT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS 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 AN EFFECTIVE DATE. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That Ordinance No. 86-09 of the Town of Trophy Club, Texas (the "Town") be and the same is hereby amended in the following particulars, and that all other sections, subsections, paragraphs, sentences, phrases and words of said Ordinance are not amended but are hereby ratified, verified, approved and affirmed: A. That a new section 3A. be added to Ordinance No. 86-09 which shall read as follows: "Section 3A. Authority to Park With Permit; Out -of -Town Guests. Any person who desires to stand or park a vehicle upon a public highway, street, alley or other public right-of-way between the hours of 3 o'clock a.m. and 5 o'clock a.m. may purchase a permit authorizing the same from the Town Secretary, provided there are four (4) or more vehicles in the household of the person requesting the permit. One permit shall be issued for each vehicle for which a permit is requested, which permit shall be permanently affixed to the left side of the back (rear) window so that it is plainly visible to a person standing outside of the vehicle, or if there is no back (rear) window, in a place where the said permit is plainly visible. Permits shall be issued on a calendar year basis so that they shall expire on December 31 of the year of issuance. A fee of fifty dollars ($50.00) per vehicle shall be charged 0167j/7 expire on December 31 of the year of issuance. A fee of fifty dollars ($50.00) per vehicle shall be charged for the issuance of a permit; provided, however, that a fee of $40.00 shall be charged for a permit issued between April 1 and June 30, and a fee of $30.00 shall be charged for any permit issud thereafter through December 31. It shall not be a violation of this ordinance for a non-resident of the Town, while visiting a resident of the Town, to park or stand a vehicle owned or controlled by the non-resident on a public street, highway or other public right-of-way between the hours of 3 o'clock a.m. and 5 o'clock a.m., provided that notice of such parking or standing is given to the Town Marshal or Town Secretary by no later than 5 o'clock p.m. of the immediately previous day. Such parking or standing shall not exceed seven (7) consecutive days nor a total of fourteen (14) days in any one calendar month. Any vehicle parked as permitted by this section shall be parked directly in front of the residence being visited in such a manner as not to obstruct access to the private driveways of neighboring residents. Section 2. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstances 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 3. This Ordinance shall be cumulative of all other ordinances of the Town of Trophy Club, Texas, affecting parking 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 4. Any person violating any of the provisions of this Ordinance 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. - 2 - 0167j18 Section 5. That this ordinance shall take effect from and after its date of passage and publication as provided by law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the lda_ of_ November. -, 1988. Mayo, Town o0'rophy Club, Te as ATTE T: Town' -Secretary, Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: L' -.f Town ttorney, Town of Trophy Club, Texas - 3 - 0167j/9