ORD 1985-21 (1)TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 0 85-21
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
REGULATING CONSTRUCTION OF STRUCTURES, INCLUDING
BUT NOT LIMITED TO FENCES, WALLS, SCREEN HEDGES,
TREES, BUSHES, SHRUBS, BILLBOARDS OR MOUNDS OF
EARTH, WHICH CREATE A TRAFFIC HAZARD BY
OBSTRUCTING THE VIEW OF DRIVERS OF MOTOR VEHICLES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY;
AND DECLARING AN EMERGENCY AND AN EFFECTIVE DATE.
WHEREAS, the Town Council is empowered under Articles 1011 and 1015,
Vernon's Annotated Texas Civil Statutes ("V.A.T.C.S.") to do all acts and make
all regulations which may be necessary or expedient for the promotion of the
public health; and
WHEREAS, the Town Council is authorized under Article 1011a,
V.A.T.C.S., to regulate and restrict the height of structures within the Town for
the promotion of public safety and protection; and
WHEREAS, the Town Council hereby finds and determines that it is
desirable to set forth specific restrictions on structures adjacent to city streets
and roads.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. That all 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. That no object, or combination of objects, including but not
limited to any structure, fence, wall, screen hedge, tree, bush, shrub, billboard
or mound of earth, terrace, bank or barrier shall be erected, placed, planted or
maintained on any corner lot in such a manner as to create a traffic hazard by
obstructing the view of the drivers of motor vehicles using the streets adjacent
thereto.
Section 3. That the natural existing terrain which cannot be removed
by reasonable landscaping techniques including retaining walls constructed below
or at the same grade line of said natural existing terrain shall be excluded from
the objects otherwise prohibited as stated within Section 2.
Section 4. That said object, or combination of objects, erected, placed,,
planted or maintained on a corner lot or parkway adjacent thereto as to
interfere with the visual line of sight at an elevation between two and one-half
feet (2 1/2) above the top of the adjacent roadway curb and eight feet (8) above
the top of the adjacent street curb, or if there is no curb than from the average
street grade, within a triangular area formed by the intersection of the adjacent
street right-of-way lines, the right-of-way lines and a point on each such right-
of-way line thirty-five feet (35) from the intersection, shall be prima facie
evidence that said object, or combination of objects, so erected, placed, planted
or maintained is an obstruction constituting a traffic hazard.
Section 5. That the triangular area of visibility as provided herein is
further described and. depicted by the drawing at the end of this section.
IKan
Street right-of-way
(property line)
#----,35-r-i
No vision in
Obstruction above i
2 1/2 feet nor less than
8 feet above grade of street curb
Section 6. Any object, or combination of objects, placed, planted or
maintained in violation of this Ordinance, shall be removed upon written notice
by certified mail from the Town Marshal of the Town of Trophy Club, or his
representative, to the owner, agent or occupancy of the premises where such
obstruction has been erected, placed, planted or maintained.
Section 7. That it shall be unlawful for any person to violate any
provision of this Ordinance, and any person violating any provision of this
Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof
shall be subject to a fine in an amount not to exceed Two Hundred Dollars
($200.00), and a separate offense shall be deemed committed upon each day
during or on which a violation occurs or continues.
Section S: That 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 this Ordinance, and the City Council hereby declares it would have passed
such remaining portions of this Ordinance despite such invalidity, which
remaining portions shall remain in full force and effect.
Section 9. The fact that the present Ordinances and regulations of the
Town of Trophy Club, Texas, are inadequate to properly safegurd the health,
safety, morals, peace and general welfare of the inhabitants of the Town of
Trophy Club, Texas, creates an emergency for the immediate preservation of
public business, property, health, safety and general welfare of the public which
requires that this Ordinance shall become effective from and after the date of
its passage and it is accordingly so ordained.
PASSED AND APPROVED on the 8th day of July 1985.
1pf
Ma, or, Town of Tro y Club, Texas
ATTEST
Town `Seeretary, Town of Trophy Club, Texas
[SEAL]
APPROVED-