ORD 2015-40TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2015-40
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING ARTICLE 2 ENTITLED "TRAFFIC AND VEHICLES" OF
CHAPTER 10 ENTITLED "PUBLIC SAFETY" OF THE CODE OF
ORDINANCES OF THE TOWN OF TROPHY CLUB, TEXAS BY
REPEALING SECTION 2.05(E) ENTITLED "OVERNIGHT PARKING"
AND ADOPTING A NEW SECTION 2.05(E) REGULATING
"OVERNIGHT PARKING"; PROVIDING FOR THE INCORPORATION
OF PREMISES; PROVIDING FOR AMENDMENTS TO THE
REGULATIONS GOVERNING PARKING BETWEEN THE HOURS OF
3:00 A.M. AND 5:00 A.M. EACH DAY; PROVIDING A CUMULATIVE
REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING A PUBLICATION CLAUSE;
PROVIDING A PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS
($500.00) AND A SEPARATE OFFENSE SHALL BE DEEMED
COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION
OCCURS; PROVIDING FOR ENGROSSMENT AND ENROLLMENT;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town has evaluated Section 2.05(E) entitled "Overnight Parking"
of Article 2 entitled "Traffic and Vehicles" of Chapter 10 entitled "Public Safety" of the
Code of Ordinances of the Town which provides for regulations governing overnight
parking within the Town; and
WHEREAS, unimpeded visibility of homes and driveways assists in effective
crime prevention efforts; and
WHEREAS, the Town Council has determined it to be in the best interest of the
Town and its residents to revise the regulations currently in effect which prohibit
parking on roadways between the hours of 3:00 a.m. to 5:00 a.m.; and
WHEREAS, the Town Council having reviewed the proposed revisions to Section
2.05(E) "Overnight Parking" and having reviewed the fees associated with the permitting
structure proposed, has determined that the regulations are reasonable and necessary
and that the fees reasonably cover the majority of associated costs of administration of
the permit; and
WHEREAS, the Town Council hereby finds that the repeal of the regulations
contained in the existing Section 2.05(E) and the adoption of the new regulations of
Section 2.05(E) serves the best interests of the health, safety and welfare of the citizens
of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENTS
2.01 Section 2.05(E) entitled "Overnight Parking" of Article II entitled "Traffic and
Vehicles" of Chapter 10 entitled "Public Safety" of the Code of Ordinances of the Town
of Trophy Club is hereby repealed in its entirety and a new Section 2.05(E) entitled
"Overnight Parking" of Article II entitled "Traffic and Vehicles" of Chapter 10 entitled
"Public Safety" of the Code of Ordinances of the Town of Trophy Club is hereby
adopted to be and read in its entirety as follows:
"E. Overnight Parking
Applicability. After the effective date of this Article, only Temporary Permits shall
be issued by the Town. Annual Permits issued on or before the effective date of
this Article (Friday, January 1, 2016), shall remain in effect as long as the
conditions of this section are met. Such Permits shall not be transferrable and
shall only continue to be valid when utilized at the address to which they were
originally issued and if the annual renewal fee of One Hundred Dollars ($100.00)
per Permit has been paid and remains current. If a Permit lapses for failure to
pay the applicable fee or if the Permit is transferred to a different address, it shall
be void.
1. Prohibition — Restricted Hours.
It shall be unlawful for any person to stand or park any motor vehicle, trailer,
mobile home, motor home, other recreational vehicle, or boat along or upon any
public highway, street, alley or other public right-of-way located within the Town
between the hours of 3:00 a.m. and 5:00 a.m. each day (hereinafter "Restricted
Hours"). 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. Nothing in this Article shall be
construed to authorize the parking of any motor vehicle, trailer, mobile home,
motor home, other recreational vehicle, or boat in violation of any other ordinance
of the Town specifically applicable to such vehicles.
2. Authority to Park During Restricted Hours — By Special Permission
Special permission to park on any public highway, street, alley or other public
right-of-way during the Restricted Hours may be granted by the Chief of Police or
ORD 2015-40 Page 2 of 5
his designee in accordance with this section. A person may park or stand a
motor vehicle, trailer, mobile home, motor home, other recreational vehicle, or
boat owned or controlled by him/her on a public street, highway or other public
right-of-way between the hours of 3:00 a.m. and 5:00 a.m., provided that notice
of such parking or standing is given to the Chief of Police or designee by no later
than 5:00 p.m. of the immediately preceding day. Such parking or standing shall
not exceed seven (7) consecutive days in any one (1) thirty (30) day period. 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. Under no circumstances shall permission to
park during Restricted Hours be granted if in the sole determination of the Chief
of Police or his designee, the request may result in a traffic hazard or may
impede the access of emergency or other Vehicles.
3. Authority to Park During Restricted Hours — Temporary Parking Permit —
Fee.
Any person who desires to stand or park a Motor Vehicle upon a public highway,
street, alley or other public right-of-way during Restricted Hours beyond the time
period approved by the Chief of Police or designee pursuant to subsection 2
above and who meets the requirements of this section to qualify for a Temporary
Parking Permit, shall purchase a Temporary Parking Permit from the Town. A
Temporary Parking Permit shall only be allowed if there are four (4) or more
vehicles at the address of the person requesting the permit. A maximum of one
(1) Temporary Parking Permit may be issued per address. Such Permit shall be
displayed in the front windshield of a Motor Vehicle located at the address of the
applicant so that the Permit is plainly visible to a person standing outside of the
Motor Vehicle. A Temporary Parking Permit may be transferred to any vehicle at
that address; however, it shall not be transferrable to a third party for use at an
address other than the address for which it was purchased. A Temporary
Parking Permit authorized by this section shall be issued for a period not to
exceed ninety (90) consecutive days within one (1) year from the date of
issuance. The Temporary Parking Permit fee shall be fifty dollars ($50.00) and
shall be valid for one (1) year from the date of issuance of the permit. If the
need for a temporary parking permit results from driveway repairs being
performed by a resident or under the direction of a public utility company or a
governmental entity, including without limitation the Town or MUD1, the permit
fee imposed by this Section shall be waived. Any Motor Vehicle parked as
permitted by this section shall be parked in front of the residence for which the
temporary permit has been issued in such a manner as not to obstruct access to
the private driveways of neighboring residents. Under no circumstances shall a
Permit to park during Restricted Hours be granted if in the sole determination of
the Chief of Police or his designee, the request may result in a traffic hazard or
may impede the access of emergency or other Vehicles.
ORD 2015-40 Page 3 of 5
4. Motor Vehicles Ineligible for Restricted Hours Parking Permit.
Parking permits issued to residences under this Section shall not be allowed for
use in Semi -trailers, Trailers, Truck -tractors or non-operable Motor Vehicles."
SECTION 3.
CUMULATIVE REPEALER
This Ordinance shall be cumulative of all other Ordinances and shall not repeal
any of the provisions of such Ordinances except for those instances where there are
direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in
force at the time this Ordinance shall take effect and that are inconsistent with this
Ordinance are hereby repealed to the extent that they are inconsistent with this
Ordinance. Provided however, that any complaint, action, claim or lawsuit which has
been initiated or has arisen under or pursuant to such Ordinance on the date of
adoption of this Ordinance shall continue to be governed by the provisions of that
Ordinance and for that purpose the Ordinance shall remain in full force and effect.
SECTION 4.
SAVINGS
All rights and remedies of the Town of Trophy Club, Texas, are expressly saved
as to any and all Violations of the provisions of any other Ordinance affecting the
parking between the hours of 3:00 a.m. and 5:00 a.m. within the Town on each day and
which have secured at the time of the effective date of this Ordinance; and, as to such
accrued Violations and all pending litigation, both civil and criminal, whether pending in
court or not, under such Ordinances same shall not be affected by this Ordinance but
may be prosecuted until final disposition by the courts.
SECTION 5.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or its application 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 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 6.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to the
Caption, Penalty Clause, and Effective Date Clause of this Ordinance as required by
Section 52.011 of the Texas Local Government Code.
ORD 2015-40 Page 4 of 5
SECTION 7.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and
any person violating or failing to comply with any provision of this Ordinance shall be
fined, upon conviction, not less than One Dollar ($1.00) nor more than 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. The penalty provided herein shall be
cumulative of all other remedies available for enforcement of the provisions of this
Ordinance. The remedy provided herein shall be cumulative of all other remedies
authorized by law.
SECTION 8.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance in the Ordinance records of the Town and to properly record
this Ordinance in accordance with the Town Charter.
SECTION 9.
EFFECTIVE DATE
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 8th day of December, 2015.
J
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
ATTEST:
Holly Fir
Town of
les, Town 1xgt# i
)phy Club, Te VARY 1,
w
APPROVED AS TO FORM:
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
ORD 2015-40 Page 5 of 5