ORD 2019-01 Events requiring special approval TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2019-01
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING SECTION 1.09.001, DEFINITIONS, AND REMOVING
SUBSECTION (C), EVENTS REQUIRING SPECIAL APPROVAL, OF
SECTION 1.09.003, PERMIT REQUIRED; EXEMPTIONS, OF ARTICLE
1.09, SPECIAL EVENTS, OF CHAPTER 1, GENERAL PROVISIONS, OF
THE TOWN OF TROPHY CLUB CODE OF ORDINANCES TO RESCIND
THE REQUIREMENT FOR APPROVAL OF THE PLANNING AND
ZONING COMMISSION AND TOWN COUNCIL, IN ORDER FOR THE
APPROVAL TO BE MADE BY THE SPECIAL EVENT REVIEW
COMMITTEE; PROVIDING FOR INCORPORATION OF PREMISES;
PROVIDING FOR AMENDMENTS; PROVIDING FOR SAVINGS AND
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 desires to coordinate all special events in the same
manner; and
WHEREAS, the Town desires to have a process that is beneficial to the Town
and citizens.
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 Subsection (c) entitled "Events requiring special approval" of Section 1.09.003
entitled "Permit required; exemptions" of Article 1.09 entitled "Special Events" of
Chapter 1 entitled "General Provisions" shall be removed so that Section 1.09.003 shall
read in it's entirely as follows:
Chapter 1 General Provisions
Article 1.09 Special Events
Sec. 1.09.003 Permit required; exemptions
(a) Permit required. Unless expressly exempted from the requirements of this article, a
person shall obtain a special event permit prior to commencing, holding or conducting a special
event within the town. A person commits an offense if he commences, holds, or conducts a
special event or causes or allows the commencement, holding or conducting of a special event
without a valid special event permit in place for the special event.
(b) Events exempt from permit. The following special events shall be exempt from the permit
requirement of this article:
(1) A town or MUD 1 sponsored event;
(2) Events sponsored by the armed forces of the United States of America, the
military forces of the state, and the forces of the police and fire departments acting
within the scope of their duties;
(3) A block party; provided, however, that the town police department shall be
notified two (2) weeks in advance of the block party;
(4) A funeral procession; and
(5) Where it is determined by the town manager that the organization conducting
the event can demonstrate all of the following, the organization shall be exempt from
the permit requirement of this article:
(A) That the event shall be conducted solely on private property;
(B) That the event has adequate traffic control so as not to impede use of the
public streets;
(C) That the event has provided for adequate emergency vehicle access;
and
(D) That the event has provided a minimum plan for crowd control during the
event.
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2.02 The following definition shall be added to Section 1.09.001 entitled "Definitions"
of Article 1.09 entitled "Special Events" of Chapter 1 entitled "General Provisions" of the
Town of Trophy Club Code of Ordinances and all other definitions not expressly
mentioned hereafter shall remain the same:
Chapter 1 General Provisions
Article 1.09 Special Events
Sec. 1.09.001 Definitions
Community Garage Sale: A coordinated event, which includes as participants any
number of residents of the Town participating together by simultaneously conducting
garage sales that are sponsored by a bona fide and recognized nonprofit civic
organization.
2.03 The following definition shall be amended within Section 1.09.001 entitled
"Definitions" of Article 1.09 entitled "Special Events" of Chapter 1 entitled "General
Provisions" of the Town of Trophy Club Code of Ordinances and all other definitions not
expressly mentioned hereafter shall remain the same:
Chapter 1 General Provisions
Article 1.09 Special Events
Sec. 1.09.001 Definitions
Special Event or Event: A planned temporary aggregation of people or attractions for a
common purpose, including, but not limited to, community garage sales, carnivals,
circuses, street fairs, arts and craft shows, rallies, public entertainments, fun runs,
walks, relay, marathons, parades, or other similar events or attractions that:
(1) Are conducted primarily outdoors; and
(2) Interfere with the normal flow or regulation of pedestrian or vehicular traffic; or
ORD 2019-01 Page 3 of 5
(3) Require special government services, including, but not limited to, street
closure, provision of barricades, refuse services, stages, special parking
arrangements, special electrical services or special police services or protection.
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town
affecting fees 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
The sections, paragraphs, sentences, phrases, clauses and words of this
Ordinance are severable, and if any section, paragraph, sentence, phrase, clause 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 that 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.
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 hereof shall be fined, upon
conviction, in an amount not less than One Dollar ($1.00) nor more than Two Thousand
Dollars ($2,000.00), and a separate offense shall be deemed committed each day
during or on which a violation occurs or continues. The penalty provided by this section
shall be cumulative of all other penalties allowed by law, including without limitation, civil
remedies available for enforcement of this Ordinance.
ORD 2019-01 Page 4 of 5
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.
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 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 8th day of January 2019.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
[SEAL]
ATTEST: OF 1co
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Holly Fim res, Town Secretary
Town of Trophy Club, Texas 4 0\
UARY A
APP VE r7S RM:
J. Da F !add III, Town Attorney
Town of Trophy Club, Texas
ORD 2019-01 Page 5 of 5