ORD 2002-36TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2002 - 36
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
REPEALING ORDINANCE NO. 1999-02, RELATING TO MOBILE
HOME AND HUD -CODE MANUFACTURED HOME PLACEMENT AND
REPLACEMENT AND TO THE PLACEMENT OF HEAVY VEHICLES,
BOATS, TRAILERS, AND RECREATIONAL VEHICLES, AND
ADOPTING NEW PROVISIONS FOR MOBILE HOME AND HUD -CODE
MANUFACTURED HOME PLACEMENT AND REPLACEMENT AND
THE PLACEMENT OF HEAVY VEHICLES, BOATS, TRAILERS AND
RECREATIONAL VEHICLES WITHIN THE CORPORATE LIMITS OF
THE TOWN; PROVIDING DEFINITIONS; PROVIDING REGULATIONS
FOR THE PLACEMENT OF MOBILE HOMES IN MOBILE
HOME/MODULAR HOME DISTRICTS ONLY; PROVIDING
REGULATIONS FOR REPLACEMENT OF MOBILE HOMES;
PROVIDING REGULATIONS FOR HUD -CODE MANUFACTURED
HOMES; PROVIDING AN APPLICATION PROCESS; REGULATING
BOATS AND TRAILERS TIED INTO UTILITY SERVICES;
REGULATING THE LOCATION AND MAINTENANCE OF HEAVY
VEHICLES, BOATS AND TRAILERS; REGULATING THE LOCATION
AND PLACEMENT OF RECREATIONAL VEHICLES; PROVIDING
FOR PRESUMPTION THAT THE PERSON IN WHOSE NAME THE
VEHICLE IS REGISTERED LOCATED OR PARKED THE VEHICLE;
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 A SEVERABILITY CLAUSE; PROVIDING A
CUMULATIVE REPEALER CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on January 19, 1999, the Town adopted Ordinance No. 1999-02, relating to
mobile home and HUD -code manufactured home placement and replacement and regulations
governing the placement of heavy vehicles, boats, trailers and recreational vehicles for the Town
of Trophy Club, Texas; and
WHEREAS, in order to address an inconsistency in the prior Ordinance regarding
screening requirements for recreational vehicles, the Town Council now deems it in the best
interest of the Town to repeal Ordinance No. 1999-02 in its entirety and adopt a new Ordinance
establishing regulations governing the placement of heavy vehicles, boats, trailers and
recreational vehicles for the Town of Trophy Club, Texas, and which corrects the prior
inconsistency in Sections 7 and S of Ordinance 1999-02.
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NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
DEFINITIONS
For the purpose of this Ordinance, the words and phrases defined shall be construed in
accordance with the definitions set forth hereinafter unless it is apparent from the context that a
different meaning is intended:
A. "Boat" means any and all watercraft structure which is designed for carrying
persons or property upon a body of water.
B. "HUD -code manufactured home" means a structure, constructed on or after June
15, 1976, according to the rules of the United States Department of Housing and Urban
Development, transportable in one or more sections, which, in the traveling mode, is eight body
feet or more in width and 40 body feet or more in length, or, when erected on site, is 320 or more
square feet, and which is built on a permanent chassis and designed to be used as a dwelling with
or with a permanent foundation when connected to the required utilities, and includes the
plumbing, heating, air-conditioning, and electrical systems.
C. "Mobile Home" means a structure that was constructed before June 15,1976,
transportable in one or more sections, which, in the traveling mode, is eight body feet or more in
width and 40 body feet or more in length, or, when erected on site, is 320 or more square feet,
and which is built on a permanent chassis and designed to be used as a dwelling with or without
a permanent foundation when connected to the required utilities, and includes the plumbing,
heating, air-conditioning, and electrical systems.
D. "Recreational Vehicle" means any motor vehicle or trailer designed and used as a
travel trailer, camper, tent trailer, camping trailer or for any similar purpose.
E. "Trailer" means a vehicle with or without motive power designed for carrying
persons or property and for being drawn by a motor vehicle and so constructed that no part of its
weight rests upon the towing vehicle and includes, but not limited to, semi -trailers, pole trailers,
and house trailers as those terms are defined. in Texas Transportation Code § 541.201 (Vernon
1998), as amended.
SECTION 2.
MOBILE HOMES
It shall be unlawful for any person to install, construct, erect, maintain, place or locate
any mobile home within the corporate limits of the Town of Trophy Club, except that a mobile
home shall be allowed in a designated Mobile Home/Modular Home District.
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SECTION 3.
REPLACEMENT OF MOBILE ROME
It shall be unlawful for any person to replace a mobile home, as that term is defined in
Article 5221f of the Texas Revised Civil Statutes, as amended, with another mobile home. A
mobile home may be replaced with a HUD -Code manufactured home, provided a permit is
secured from the Town prior to such replacement.
SECTION 4.
HUD -CODE MANUFACTURED HOME
It shall be unlawful for any person to install, construct, erect, maintain, place, locate,
extend or alter any mobile home within the Town; and it shall be unlawful for any person to
install, construct, erect, maintain, place, locate, extend or alter any HUD -code manufactured
home within the corporate limits of the town unless such person holds a valid permit issued by
the Town Building Official or his designee in the name of such person for the specific
construction, erection, maintenance, placement, location, placement, location, extension or
alteration.
SECTION 5.
APPLICATION
All applications for permits shall contain the following:
A. Name and address of the applicant;
B. Location and legal description of the HUD -code manufactured home or
designated Mobile Home Park;
C. A description of the HUD -code manufactured home;
D. Such other information as the Town officials reviewing the application may
require.
SECTION 6.
BOATS AND TRAILERS TIED INTO UTILITY SERVICE
It shall be unlawful for any person to locate or maintain any boat or trailer which is tied
into utility service within the Town, except that trailers used exclusively in conjunction with
construction projects shall not be subject to the prohibition of this section. Such construction
trailers shall be located on the construction site and must be removed from said site no later than
seven (7) days after completion of construction.
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SECTION 7.
MAINTAINING HEAVY VEHICLES BOATS AND TRAILERS
It shall be unlawful for any person who is a resident of the Town to locate or maintain
any truck or commercial vehicle with a manufacturer's rated classification of greater than one
and one-half (1 1/z) tons, boat, or trailer within the Town for more than two (2) days per month
unless the truck or commercial vehicle, boat, or trailer is enclosed by a fence no greater than six
(6) feet in height or a garage and is not visible from a public street, provided, however, that a
truck or commercial vehicle, boat, or trailer shall be deemed enclosed by a fence when no more
than eighteen (18) inches of such truck, commercial vehicle, boat or trailer is visible above the
top of the fence.
SECTION 8.
RECREATIONAL VEHICLES
A. It shall be unlawful for any resident to locate or maintain a recreational vehicle
within the Town for more than two (2) days per month unless such recreational vehicle is located
within a fully enclosed structure. For purposes of this Section, "structure" shall mean an
enclosed building with four walls and a roof which is constructed of material allowed for
accessory structures in the Town's Zoning Ordinance for the zoning district in which the
structure is located and such term does not include a tarp or other cloth coverage.
B. Any guest of a resident of the Town may locate a recreational vehicle within the
Town for a period not to exceed forty-eight (48) consecutive hours. It shall be unlawful for any
such guest to locate a recreational vehicle in the Town for a period exceeding forty-eight hours.
C. Any resident who has a guest who will locate a recreational vehicle within the
Town as described in subsection B must register such recreational vehicle with the Planning and
Zoning Administrator before the Time said recreational vehicle is located within the Town.
Such registration shall consist of the address the recreational vehicle shall be located, the
duration the recreation vehicle is to remain at the address, and the name of the person who
resides at the resident.
SECTION 9.
PRESUMPTION
When any truck or commercial vehicle, recreational vehicle, boat or trailer is found
located or parked in violation of any provision of this Ordinance or other ordinances of the
Town, such fact shall be prima facie evidence that the person in whose name it is registered
located or parked the said vehicle.
SECTION 10.
PENALTY
Any person, firm, corporation or association violating any of the provisions of this
Ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court
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of the Town shall be subject to a fine not to exceed five hundred dollars ($500.00) for each
offense, and each and every day that the premises shall remain in condition in violation of the
terms of this Ordinance shall constitute a continuing and separate offense, subject to application
of the full penalty contained herein.
SECTION 11.
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 Town Council hereby declares it would have passed such remaining portions
of the ordinances despite such invalidity, which remaining portions shall remain in full force and
effect.
SECTION 12.
CUMULATIVE REPEALER
This Ordinance shall be cumulative of all other ordinances of the Town affecting mobile
homes, HUD -Code manufactured homes, boats, motor vehicles, trailers and trucks 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; provided, however,
that Ordinance No. 1999-02 is hereby repealed, but provided that any complaint, action, claim or
lawsuit that has been initiated or has arisen under or pursuant to Ordinance No. 1999-02 shall
continue to be governed by the provisions of those Ordinances, and for that purpose the repealed
Ordinances shall be deemed to remain in full force and effect.
SECTION 13.
SAVINGS
All rights and remedies of the Town of Trophy Club are expressly saved as to any and all
violations of the provisions of any Ordinances affecting mobile homes, HUD -Code
manufactured homes, boats, motor vehicles, trailers and trucks which have accrued 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 14.
PUBLICATION.
The Town Secretary of the Town of Trophy Club is hereby directed to publish the
Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas
Local Government Code.
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SECTION 15.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll
this Ordinance by copying the exact Caption, Penalty and Effective Date in the minutes of the
Town Council and by filing this Ordinance in the ordinance records of the Town
SECTION 16.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and publication
as provided by law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas,
this % day of , 2002.
e
Ma r'
Town of Trophy Club, Texas
ATTEST:
Town Secretary'
Town of Trophy Club, Texas'EO'„
[SEAL]
APPROVED AS TO FORM:
Town Attorney
Town of Trophy Club, Texas
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