ORD 1986-09ORDINANCE 0 86-09
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. a 86--- 09
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
PROHIBITING THE PARKING OF MOTOR VEHICLES ON PUBLIC
HIGHWAYS, STREETS AND OTHER RIGHTS -OF -WAY BETWEEN
THE HOURS OF 3 O'CLOCK A.M. AND 5 O'CLOCK A.M. EACH
DAY; PROVIDING DEFINITIONS; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM
OF TWO HUNDRED DOLLARS ($200.00) AND A SEPARATE
OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING
OR ON WHICH A VIOLATION OCCURS OR CONTINUES; DE-
CLARING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas (the "Town") is a duly
incorporated municipality under the general laws of the State of Texas; and
WHEREAS, pursuant to article 1016 of the Texas Revised Civil Statutes,
as amended, the Town has the exclusive control and power over the streets,
alleys and public grounds and highways of the Town; and
WHEREAS, the Town Council has a concern for the safety of persons
travelling and motor vehicles parked upon the public highways, streets, alleys
and other public rights -of -way within the Town during late night and early
morning hours; and
WHEREAS, the Town Council finds that it is in the best interest of the
health, safety and welfare of the citizens of the Town to prohibit the parking
of motor vehicles along or upon any public highway, street, alley or other public
right-of-way located within the Town during late night and early morning hours.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. Incorporation. That all of the above premises are found to
be true and correct and are incorporated into the body of this ordinance as if
copied in their entirety.
Section 2. Definitions. For purposes of this ordinance, the terms below
shall mean as follows:
A. "Motor vehicle" means every vehicle which is self-propelled and every
vehicle which is propelled by electric power obtained from overhead trolley
wires or otherwise, but not operated upon rails.
B. "Vehicle" means every device in, upon or by which any person or
property is or may be transported or drawn upon a highway, street, alley or
other public right--of-way, except devices used exclusively upon stationary rails
or tracks.
C. "Stand" or "Park" means the halting of a vehicle, whether occupied
or not, otherwise than temporarily for the purpose of and while actually engaged
in receiving or discharging passengers.
D. "Trailer" means every vehicle without motor power designed or
used for carrying property or passengers wholly on its own structure and to be
drawn by a motor vehicle.
Section 3. Prohibition. It shall be unlawful for any person to stand or
park any motor vehicle, trailer, mobile home, motor home or boat along or upon
any public highway, street, alley or other public right-of-way located within the
Town between the hours of 3 o'clock a.m. and 5 o'clock a.m. each day. This
prohibition shall not be applicable to any motor vehicle which is being used for
emergency purposes, to the operation of any motor vehicle being used by a
utility company for repair purposes or to any governmental vehicle being used
for necessary governmental purposes.
Section 4. 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 City 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 5. Penalty. Any person violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof
shall be subject to a fine in a sum not to exceed Two Hundred Dollars ($200.00)
for each offense and a separate offense shall be deemed committed upon each
day during or on which a violation occurs.
Section 6. That this ordinance shall be effective from and after its date
of passage according to law.
PASSED AND APPROVED by the Town Council of the Town of Trophy
Club, Texas this the 24 day of March , 1986.
Town ff Trophy Club, Texas
A
ecretary, Town of Trophy Club, Texas
APPROVED AS TO FORM:
Town Attorney, Town of Trophy Club, Texas