ORD 2017-28 Gates TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2017-28
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
ADOPTING A NEW SUBSECTION 3109.4.1.7 ENTITLED "GATES" TO
BE PART OF SECTION 3.03.052, "AMENDMENTS," OF DIVISION 2,
"BUILDING CODE," OF ARTICLE 3.03, "TECHNICAL AND
CONSTRUCTION CODES AND STANDARDS," OF CHAPTER 3,
"BUILDING REGULATIONS," OF THE TOWN OF TROPHY CLUB
CODE OF ORDINANCES; PROVIDING FOR THE INCORPORATION OF
PREMISES; PROVIDING FOR AN AMENDMENT TO THE
INTERNATIONAL BUILDING CODE WITH LOCAL AMENDMENTS, A
COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A";
PROVIDING FOR A CUMULATIVE REPEALER; PROVIDING FOR
SEVERABILITY; PROVIDING FOR 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; PROVIDING FOR PUBLICATION;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club, Texas (the "Town") is
a home rule municipality empowered to do all acts and make all regulations which may
be necessary or expedient for the promotion of the public health, safety and general
welfare; and
WHEREAS, the Town adopted the 2015 Edition of the International Building
Code on September 13, 2016.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That all of the above premises are true and correct and are hereby incorporated
in the body of this Ordinance as if fully set forth herein.
SECTION 2.
AMENDMENTS
2.01. Subsection 3109.4.1.7 entitled "Gates" of Section 3.03.052, "Amendments," of
Division 2, "Building Code," of Article 3.03, "Technical and Construction Codes and
Standards," of Chapter 3, "Building Regulations," of the Town of Trophy Club Code of
Ordinances is hereby adopted as more fully set forth in Exhibit "A", a copy of which is
attached hereto and incorporated herein.
SECTION 3.
CUMULATIVE REPEALER
That this Ordinance shall be cumulative of all other ordinances of the Town and
shall not repeal any of the provisions of such ordinances except in those instances
where provisions of those ordinances are in direct conflict with the provisions of this
Ordinance; whether such ordinances are codified or uncodified, and all other provisions
of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with
the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding
the foregoing, any complaint, action, cause of action or claim which prior to the effective
date of this Ordinance has been initiated or has arisen under or pursuant to such
repealed Ordinance(s) shall continue to be governed by the provisions of that
Ordinance and for that purpose the Ordinance shall be deemed to remain and continue
in full force and effect.
SECTION 4.
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 the Ordinance, and the Town Council hereby
declares it would have passed such remaining of the Ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
SECTION 5.
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 Two Thousand
Dollars ($2,000.00), and a separate offense shall be deemed committed upon each day
during or on which a violation occurs or continues.
SECTION 6.
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.
ORD 2017-28 Page 2 of 4
SECTION 7.
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 8.
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 24th day of October 2017.
C. Nick anders, Mayor
Town of Trophy Club, Texas
[SEAL]
ATTEST:
Y�I riOf
_ r-\
Holly Fimbr s, Town Secretary i � r'�
Town of Trophy Club, Texas
„1/4„..44v , ,c6_
APPROVECYTO AS FORM:
/12/ "/I;"
yr
J. David Dodd III, Town Attorney
Town of Trophy Club, Texas
ORD 2017-28 Page 3 of 4
EXHIBIT A
INTERNATIONAL BUILDING CODE
**Section 3109.4.1.7; change to read as follows: add exception to read as follows:
3109.4.1.7 Gates.
Exception:
1. Automatic vehicular gates incorporated into the pool barrier shall be so designed and
installed to prevent unintended opening or access and shall conform to the requirements
set forth in UL325 and ASTM F2200.
ORD 2017-28 Page 4 of 4