ORD 2023-04 ParkingTOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO.2023-04
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING ARTICLE 12.04 ENTITLED "PARKING" OF -CHAPTER 12
ENTITLED "TRAFFIC AND VEHICLES" OF THE CODE OF
ORDINANCES OF THE TOWN OF TROPHY CLUB, TEXAS BY
ADOPTING A NEW SUBSECTION TO 12.04.009 "VETERANS WITH
DISABILITIES ,PARKING"; PROVIDING FOR THE INCORPORATION
OF ADDITIONAL NEW PARKING SPACES WITHIN TOWN LIMITS FOR
ALL VETERANS WITH DISABILITIES WHO HOLD A VETERAN WITH
DISABILITY TAG, BUT HAVE NOT BEEN GRANTED DISABLED
PARKING BY THE STATE OF TEXAS; 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 SUBSEQUENT SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED DURING OR ON WHICH A VIOLATION
OCCURS; PROVIDING FOR ENGROSSMENT AND ENROLLMENT;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town has evaluated Section 12.04.009 entitled "Parking for
disabled persons" of Article 12.04 entitled "Parking" of Chapter 12 entitled "Traffic and
Vehicles" of the Code of Ordinances of the Town which provides for regulations
governing parking for disabled persons within the Town; and
WHEREAS, an additional subsection including veterans with disabilities parking
will be added to provide inclusion within the veteran and disabled community; and
WHEREAS, a home -rule municipality has full power of, local self-government,
pursuant to Texas Local Government Code, Title 2, Subtitle D, Chapter 51, Section
51.072(a); and
WHEREAS, a home -rule municipality may enforce ordinances necessary`to
protect health, life, and property and to preserve the good government, order, and
security of the municipality and its inhabitants, pursuant to Texas Local Government
Code, Title 2, Subtitle D, Chapter 54, Section 54.004; and
WHEREAS, pursuant to Texas Transportation Code, Section 681.008(b)
authorizes such parking privileges to certain veterans and military award recipients, who
the vehicle is being operated by or for the transportation of the person to whom the
plates were issued; and
WHEREAS, pursuant to Trophy Club Town Charter, Article I, Section 3.14(a),
those acts of the Council shall be by ordinance which adopt or amend an administrative
code; and
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WHEREAS, the Town Council has determined it to be in the best interest of the
Town and its residents to add the aforementioned subsection to protect the safety and
welfare of its citizens; and
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
12.04 Section 12.04.009,entitled "Parking for disabled persons" of Article 12.04 entitled
"Parking" of Chapter 12 entitled "Traffic and Vehicles" of the Code of Ordinances of the
Town of Trophy Club is hereby repealed in its entirety and a new Subsection
12.04.009(D) entitled "Veterans with disabilities parking" of Article 12.04 entitled
"Parking" of Chapter 12 entitled "Traffic and Vehicles" of the Code of Ordinances of the
Town of Trophy Club is hereby adopted to be and read in its entirety as follows:
"Sec. 12.04.009 Parking for disabled persons
(a) Posting of sign; width of spaces.
The town, or any private property owner within the town, who voluntarily
designates a parking space,�or area specifically for a person who is'disabled by
reason of mobility problems that substantially impair the person's ability to
ambulate or who is legally blind, must post a sign that conforms to the design
established and approved by the state department of transportation and the
space or spaces provided must conform to the width requirements set by the
department.
(b) Parking privileges.
Any vehicle displaying a symbol, label, or other device authorized by the state
department of transportation and issued to the operator thereof for use in
transporting a disabled person, when operated by or for the transportation of
such disabled person, shall be allowed to park for unlimited periods in any
parking space or parking area designated specifically for the physically
handicapped. Such vehicle, being properly marked as provided by such statute,
is exempt from the payment of fees or penalties imposed by any code of the city
for parking at a meter or in a space with a limitation on the length of time for
parking unless the vehicle was not parked at the time by or for the transportation
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ORD 2023-04 Page 2 of 5
of a disabled person. This exemption does not apply to fees or penalties imposed
by a branch of the United States government. This section does not permit
parking a vehicle at a place or time that parking is prohibited.
(c) Offenses; penalty.
A person commits an offense if the person is neither temporarily or permanently
disabled nor transporting a temporarily or permanently disabled person and
parks a vehicle with such special device or displaying a temporarily disabled
person identification card in any parking space or parking area designated
specifically for the disabled. A person commits an offense if the person parks a
vehicle neither displaying the special device nor displaying a temporarily disabled
person identification card in a parking space or parking area designated
specifically for the disabled. An _offense under this section is punishable by a fine
of not less than fifty dollars ($50.00) nor more than five hundred dollars
($500.00).
(d) Veterans with disabilities parking.
A designated veterans with disabilities parking space will be located at every
municipal -owned parking lot located within the Town of Trophy Club town limits.
Veterans with disabilities who hold a veteran with disability license plate but have
not been granted a disabled parking placard or a license plate with the
International Symbol of Access by the State of Texas, may park in these
additional designated veterans with disabilities parking spaces. Parking spaces
are free of charge, and do not require a municipal permit.
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
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ORD 2023-04 Page 3 of 5
veterans with disabilities parking, within the Town 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.
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
ORD 2023-04 Page 4 of 5
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 28th day of February, 2023.
[SEAL]
ATTEST:
pp PHY
OX
Anita Otterson, Town Secretary
Town of Trophy Club, Texas p a
APP�j20V T/1D AS FORM: '*'�4NUA
I Dava Dd6dd III, Town Attorney
Town of Trophy Club, Texas
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ORD 2023-04 Page 5 of 5