ORD 2014-17TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2014-17
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
REPEALING SECTION 2.12 ENTITLED "SNOW CONE
ESTABLISHMENTS" OF ARTICLE II ENTITLED "FOOD
ESTABLISHMENT REGULATIONS" OF CHAPTER 6 ENTITLED
"HEALTH AND SANITATION" OF THE CODE OF ORDINANCES OF
THE TOWN OF TROPHY CLUB, TEXAS; PROVIDING FOR
INCORPORATION OF PREMISES; PROVIDING FOR AN
AMENDMENT; PROVIDING A CUMULATIVE REPEALER; PROVIDING
A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
REAFFIRMING A PENALTY NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A
SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY
DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES FOR
VIOLATIONS OCCURRING PRIOR TO THE EFFECTIVE DATE OF THIS
ORDINANCE AND REAFFIRMING CUMULATIVE CIVIL REMEDIES
FOR VIOLATIONS; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, hereinafter referred to as "Town", is a
Home Rule Municipality acting under its Charter adopted by the electorate pursuant to
Article XI, Section 5 of the Texas Constitution; and
WHEREAS, on June 3, 2002, the Town Council adopted Ordinance No. 2002-24,
establishing the regulation of food establishments, including snow cone establishments,
for the Town of Trophy Club, Texas; and
WHEREAS, on January 9, 2006, the Town Council adopted Ordinance No. 2006-
01, repealing Ordinance No. 2002-24 and establishing new regulations of food
establishments for the Town of Trophy Club, Texas, which Ordinance included the
regulation of snow cone establishments operating within the Town; and
WHEREAS, the regulations governing snow cone establishments within the
Town were adopted and codified as Section 2.12, "Snow Cone Establishments" of
Article II, "Food Establishment Regulations", of Chapter 6, "Health and Sanitation", of
the Code of Ordinances of the Town of Trophy Club; and
WHEREAS, the Town Council of the Town of Trophy Club, Texas, hereby
determines that it is in the best interest of the Town to repeal Section 2.12 entitled
"Snow Cone Establishments" of Article II, entitled "Food Establishment Regulations" of
Chapter 6, entitled "Health and Sanitation", in its entirety and to regulate snow cone
establishments within its corporate limits in accordance with those laws and regulations
of the State of Texas that govern the operation of food establishments, including snow
cone establishments, and health and sanitation relative to such establishments.
ORD 2014-17 Page 1 of 4
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated herein and
made a part hereof for all purposes.
SECTION 2.
AMENDMENT
2.01. Article II entitled "Food Establishments" of Chapter 6 entitled "Health and
Sanitation" is hereby amended to repeal Section 2.12 entitled "Snow Cone
Establishments" in its entirety, and the remainder of the provisions contained in Chapter
6, Article II, "Food Establishments" that are not specifically amended or repealed hereby
shall remain in full force and effect.
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 provided however, that Section 2.12 of
Article II of Chapter 6 of the Code of Ordinances of the Town of Trophy Club is hereby
repealed in its entirety. 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 Section 2.12 of Article II of Chapter 6 of the Code of Ordinances 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 Ordinances of the Town affecting
the provisions to safeguard Persons in the Town by regulating Food Establishments,
including without limitation, snow cone establishments within the Town of Trophy Club,
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.
ORD 2014-17 Page 2 of 4
SECTION 5.
SEVERABILITY
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 Town 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 6.
PENALTY
Any Person violating any of the provisions of Section 2.12 of Article II of Chapter 6 of
the Code of Ordinances of the Town prior to the adoption of this Ordinance shall be
deemed guilty of a Class C misdemeanor upon conviction and shall be fined, except as
otherwise provided herein, in a sum not to exceed two thousand dollars ($2,000.00) for
each offense, and a separate offense shall be deemed committed upon each day during
or on which a violation occurs or continues.
Cumulative of the foregoing, if the governing body of the Town of Trophy Club
determines that a violation of this Ordinance creates a threat to the public safety, the
Town may bring suit in the District Court to enjoin such violation as allowed by law.
SECTION 7.
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.
SECTION 8.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and
enroll this Ordinance in accordance with the Town Charter.
SECTION 9.
EFFECTIVE DATE
This Ordinance shall be in full force and effect from and after its date of passage and
publication, in accordance with Law, and it is so ordained.
ORD 2014-17 Page 3 of 4
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas this 22nd day of July, 2014.
ATTEST:
Tam Ard,dwn Secretary
`
T of Tro4�y Club, Texas
_PaIWJL�U�
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
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ORD 2014-17 Page 4 of 4