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ORD 2006-14TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2006-14 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, ADOPTING THE CODE OF ORDINANCES OF THE TOWN OF TROPHY CLUB, TEXAS, A CODIFICATION OF TOWN CIVIL AND CRIMINAL ORDINANCES; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR THE ADOPTION OF THE CODE OF ORDINANCES OF THE TOWN OF TROPHY CLUB, TEXAS, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A'; PROVIDING FOR EFFECTIVENESS AND REPEAL; SETTING FORTH APPROPRIATE PENALTIES FOR TIIE VIOLATION OF EACH CODIFIED ORDINANCE AS SPECIFIED FOR EACH SUCH ORDINANCE PROVIDED THAT WHERE A PENALTY OR FINE IS NOT PROVIDED, THERE SHALL BE IMPOSED A MAXIMUM FINE OF $200 FOR VIOLATIONS OF TRAFFIC LAWS AND A MAXIMUM FINE OF $500 FOR VIOLATIONS OF ORDINANCES OR POLICE REGULATIONS, EXCEPT WHERE SUCH VIOLATION IS FOR A RULE, ORDINANCE, OR POLICE REGULATION THAT GOVERNS FIRE SAFETY, ZONING, OR PUBLIC HEALTH AND SANITATION, INCLUDING DUMPING OF REFUSE, AND THEN THE MAXIMUM FINE SHALL BE TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE FOR EACH DAY OR PART OF A DAY; PROVIDING FOR MAINTENANCE OF THE CODE; PROVIDING A REPEALER AND SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club is a Home Rule Municipality acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and WHEREAS, Chapter 53 of the Texas Local Government Code authorizes a municipality to adopt by Ordinance a codification of its civil and criminal Ordinances, together with appropriate penalties for violation of the Ordinances; and WHEREAS, since the Town's incorporation in 1985, the Town has enacted numerous Ordinances for the benefit of the public health, safety and welfare; and WHEREAS, in an effort to make those Ordinances more accessible to the public, the Town has compiled existing Town ordinances as specified herein into the Code of Ordinances of the Town of Trophy Club Texas (hereinafter referred to as "Code of Ordinances"); and WHEREAS, the Code of Ordinances has the force and effect of an Ordinance regularly adopted in accordance with law, provides a record of the codified Ordinances and establishes the content of those Ordinances; and WHEREAS, through the passage of this Ordinance, the Town Council of the Town of Trophy Club hereby directs the Town Secretary to have printed a copy of the Code of Ordinances that is authenticated and approved by the Mayor's signature and attested by the Town Secretary; and WHEREAS, the effect of the printed Code of Ordinances is to provide prima facie evidence of the existence and regular enactment of the Ordinance adopting the Code of Ordinances and the printed Code is authorized by state law to be admitted into court without further proof. 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. ADOPTION OF CODE OF ORDINANCES The Code of Ordinances, consisting of Chapters 1 through 14 and including Exhibit "A" entitled "Town of Trophy Club, Texas Code of Ordinances" is attached hereto and incorporated herein for all intents and purposes has been established and is hereby adopted by the Town Council. Such Code of Ordinances shall be treated and considered as a new and original comprehensive Ordinance, which shall supersede all other general and permanent Ordinances passed by the Town Council on or before June 5, 2006, to the extent and with the exceptions as more specifically provided in this Ordinance. "Code of Ordinances" or "Code" as used herein shall refer to the Town of Trophy Club Code of Ordinances adopted under the terms and conditions of this Ordinance. SECTION 3. EFFECTIVENESS AND REPEAL 3.01 Effective Date and Repeal. All provisions of the Code of Ordinances shall be in full force and effect from and after the effective date of this Ordinance, and all ordinances of a general and permanent nature of the Town of Trophy Club, Texas, enacted on or before such effective date which are either not included in this Code or which are not specifically recognized and continued in force by reference or description herein, are hereby repealed on the effective date of this Ordinance. Section 3.02 more specifically describes those ordinances which are unaffected by the passage of this Ordinance adopting the Code of Ordinances. 3.02 Exceptions to Repeal. That the repeal provided in subsection 3.01 above shall not affect any of the following: (1) Any events or act committed or done, or any penalty or forfeiture incurred, or any contract or right established or occurring before the effective date of this Code. (2) Any Ordinance promising or guaranteeing the payment of money for the Town, or authorizing the issuance of any bonds of the Town, or any evidence of the Town's indebtedness. (3) Any contract or obligation assumed by the Town. (4) Any franchise granted by the Town and amendments thereto. (5) Any Ordinance dedicating, naming, establishing, locating, relocating, opening, paving, widening vacating or affecting the right-of-way of any street or public way in the Town (6) Any Ordinance relating to municipal street maintenance agreements with the State of Texas or Denton or Tarrant County (7) Any appropriation Ordinance or Ordinance providing for the levy of taxes or for the adoption of an annual budget (S) Any Ordinance relating to local improvements and assessments for such improvements. (9) Any Ordinance annexing territory to the Town or accepting territory given to, sold to, or condemned by the Town. (10) Any Ordinance dedicating or accepting any plat or subdivision in the Town. (11) Any Ordinance zoning a planned development district or rezoning a parcel of land to any zoning classification. (12) Any Ordinance pertaining to the calling of municipal or other elections, appointing of election officers, or ratifying the results of an election. (13) Any Ordinance establishing rates to be charged by privately or semi -publicly owned utility companies. (14) Ordinance No. 2006-13 enacting a Water Conservation Plan, except until such time as that Ordinance is amended or repealed. (15) Any Ordinance enacted on or after June 5, 2006. 3.03 No Revival by Repeal. The repeal provided for in Section 3.01 shall not be construed to revive any Ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by this Ordinance. 3.04 Future Amendments of Codified Ordinances. Subsequent to the adoption of this Ordinance, amendments to ordinances codified in the Code of Ordinances shall be made by reference to the Article and Section of the Code and reference to this Ordinance shall not be required. Any and all amendments to the Code of Ordinances, when passed in such form as to indicate the intention of the Town Council to make the same a part of the Code of Ordinances, shall be deemed to be incorporated into such Code of Ordinances so that the reference to the "Code of Ordinances of the Town of Trophy Club, Texas" shall be understood and intended to include such additions and amendments. SECTION 4. PENALTY 4.01 Penalty Assessed. Whenever in the Code of Ordinances or any Ordinance of the Town previously adopted by the Town Council, an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or wherever in such Code or Ordinances the doing of an act is required or prohibited or the failure to do any act is declared to be unlawful or prohibited and no specific penalty is provided therefore, the violation of any such rule, ordinance or police regulation contained in Code or any such Ordinance shall be punished by a maximum fine not exceeding five hundred dollars ($500.00) except that: (a) For violations of a rule, Ordinance, or police regulation that governs fire safety, zoning, or public health and sanitation, including dumping of refuse, the maximum fine shall be two thousand dollars ($2,000.00) for each offense for each day or part of a day; and (b) For violations of traffic laws, whether by ordinance or state law, which are punishable as a Class C misdemeanor, the maximum tine shall not exceed two hundred dollars ($200.00) per offense except as otherwise provided by law. 4.02 Penalty Consistent with State Law. Notwithstanding the foregoing, no penalty shall be greater or less than the penalty provided 1'or the same or similar offense under the laws of the State of Texas. Each day or part of a day any violation of such Code of Ordinances or any ordinance shall continue shall constitute a separate offense unless otherwise designated. 4.03 Civil Action for Enforcement. In addition to or in lieu of the criminal penalty assessed under any ordinance in the Code, the Town may bring a civil action for the enforcement of any such ordinance for the preservation of public health, safety, or welfare, or as otherwise authorized by law. As used herein "authorized by law" shall mean where such civil action is either expressly or impliedly authorized or not prohibited by law. 4.04 General Penalty Applicable. In the case of amendment of any Article or Section of the Code of Ordinances for which a penalty is not provided, the general penalty as provided in Section 4 of this Ordinance shall apply to the Article or Section as amended, or, in case such amendment contains provisions for which a penalty other than that general penalty set forth in Section 4 is provided, the penalty so provided in the amendment to the Article or Section shall be held to relate only to the Article or Section so amended, unless the penalty is specifically repealed therein. SECTION 5. MAINTENANCE OF CODE 5.01 Official Copy Maintained by Town Secretary. A copy of the Code of Ordinances that is authenticated and approved by the Mayor's signature and attested by the Town Secretary shall be maintained on file in the office of the Town Secretary in loose-leaf form. It shall be the express duty of the Town Secretary or her designee to insert in the designated places all amendments or Ordinances which indicate the intention of the Town Council to make the same a part of such Code of Ordinances when the same has been printed or reprinted in page form and to extract from such Code all provisions which may be from time to time repealed by the Town Council. Such copy of the Code shall be available for all persons desiring to examine the same at any time during regular business hours. The official copy of the most current Code of Ordinances shall also be maintained in such other format or media as directed by Town Council. 5.02 Penalty for Unauthorized Amendment, Addition or Deletion. It shall be an offense for any person to change or amend, by additions or deletions, any part or portion of this Code of Ordinances, or to insert or delete pages or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will or could cause a law of the Town of Trophy Club to be misrepresented thereby. Any violation of this Section shall be a Class C misdemeanor and such penalty or penalties as specified in Section 6 of this Ordinance shall be applicable. SECTION 6. REPEALER AND SAVINGS By the passage of this Ordinance, the following ordinances are hereby repealed: 85-03; 85-04; 85-05; 85- 19; 85-23; 85-25; 85-26; 86-02; 86-06; 86-07; 87-05; 87-07; 87-18; 87-26; 88-05; 90-15; 91-13; 92-03; 92-04A; 92- 14; 92-15; 92-21; 92-22; 96-19; 97-13; 1997-07; 97-08; 1998-07; 1998-08; 1998-22; 1998-28; 1998-29; 1999-19; 1999-30;2000-06;2000-26;2001-01;2001-03;2001-08; 2001-13;2001-18; 2001-21; 2001-22;2001-29; 2002-12; 2002 -18;2002-28;2002-36;2002-38;2002-40;2003-04;2003-12;2003-06; 2003-11;2003-19;2003-25;2003-28; 2003-30; 2004-02; 200403; 200406; 2004-10; 2004-17; 2004-22; 2004-23; 2004-24; 2004-25; 2004-26; 2004-27; 2004-28;2005-03;2005-04; 2005-07; 2005-10;2005-11;2005-13;2005-14;2005-15; 2005-16; 2005-18; 2005-20; 2005-21;2005-23;2005-26;2005-27;2005-29;2006-01;2006-03; 2006-06;2006-09; 2006-10. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to any of the foregoing Ordinance(s) or portions thereof on the date of adoption of this Ordinance shall continue to be governed by the provisions of such Ordinance(s) and for that purpose the Ordinance(s) shall remain in full force and effect and any and all rights and remedies of the Town of Trophy Club, Texas under such Ordinance(s) are expressly saved as to any and all violations of such Ordinances 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 Ordinance(s), the same shall not be affected by this Ordinance but may be prosecuted until final disposition by the Courts. SECTION 7. 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 8. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by recording the Code in the Town's Ordinance Record and by copying the exact Caption, Penalty and Effective Date in the minutes of the Town Council. SECTION 9. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish, this Ordinance adopting the Code of Municipal Ordinances in the official newspaper of the Town or in a newspaper published in the Town or County as provided bylaw. SECTION 10. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption as provided by law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 5°i day of June,2006. Mayor Town of Trophy Club, Texas ATTEST: 01 C' Town Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: '�'Le-1' 1�.F' C�-Xt.ILIL�dhil Town Attorney Town of Trophy Club, Texas [SEAL]