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ORD 1985-21 (2)TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 0 85-21 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 85-21 REGULATING CON- STRUCTION 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 EMER- GENCY AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That Section 4 of existing Ordinance No. 85-21 shall be amended to read as follows: 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 curb 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 con- stituting a traffic hazard. Section 2. That Section 5 of the existing Ordinance No. 85-21 shall be amended by substituting the words "street curb line" for "street right-of-way (property line) relative to the drawing within said section. Section 3. 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 4. 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 5. 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 22 day of July , 1985. /Mayor, 'Town of Trophy Club, Texas ATTESY-r. Town geereLary, Town of Trophy' Club, Texas [SEAL] APPROVED: Town Attorney, Town of Trophyf Club, Texas -2-