ORD 2007-17TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2007-17
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING
CHAPTER 13 OF THE CODE OF ORDINANCES, ENTITLED ZONING,
ARTICLE VII, ENTITLED DEVELOPMENT AND DESIGN STANDARDS, BY
AMENDING SECTION D, ENTITLED MATERIALS, AND SECTION L,
ENTITLED MAINTENANCE AND REPAIR ON NON -LIVING MATERIALS;
PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING AN
AMENDMENT TO ARTICLE VII OF CHAPTER 13; PROVIDING A
CUMULATIVE REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING 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 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 Chapter 9 of the Texas Local Government Code; and
WHEREAS the Town adopted Chapter 13, Article VII, Section D, entitled "Material" and
Section L, entitled "Maintenance and Repair of Non -Living Material" establishing regulations
governing the construction, regulation and permitting of Fences and Retaining Walls; and
WHEREAS, the Town Council's purpose for adding materials to the "prohibited materials'
list is a matter of public safety, it was necessary to make certain changes to Section D and L of
Article VII of Chapter 13 of the Code of Ordinances; and
WHEREAS, after due deliberation and consideration by Town Council of the Town of
Trophy Club, Texas at a properly posted meeting, the Town Council now deems it necessary to
adopt this Ordinance amending the Code of Ordinances of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS.
SECTION 1.
INCORPORATION OF PREMISES
All of the above premises are found to be true and correct and are incorporated into the
body of this Ordinance as if copied in their entirety.
SECTION 2.
AMENDMENT
2.01 Article VII, entitled "Development and Design Standards' of Chapter 13 of the Code of
Ordinances of the Town of Trophy Club, Texas, is hereby amended, so that Section D
entitled "Materials" and Section L entitled "Maintenance and Repair of Non -Living
Material" read in their entirety as follows:
D. Materials:
Acceptable Materials:
a. Brick, stone, wrought iron or wood are allowed in accordance with the
requirements of the applicable zoning district.
b. Architectural -grade metal, decorative pre -cast embossed concrete,
concrete masonry unit with decorative facing, colored and embossed
poured -in-place concrete, a combination thereof, vinyl or similar
materials shall be submitted for consideration to the Planning & Zoning
Coordinator or their designee prior to fence permit approval.
Prior to the approval of items listed in D(1)(b) above, detailed
plans indicating the height, width, and design shall be submitted
for review and approval. Additional information shall be provided
to substantiate compliance if requested.
2. Prohibited Materials: Unless specifically provided in D(1)(a)&(b) above, all other
materials shall be prohibited including but not limited to, broken glass, nails,
screws or wire or any sharp object affixed to a fence in a manner that may cause
injury to or prevent emergency personnel from climbing such fence in an
emergency. Nails or screws used in a normal construction manner are not
prohibited by this section.
L. Maintenance and Repair of Non -Living Material
A. All screening materials, fences, walls, outdoor animal runs, and retaining walls
shall be maintained in a neat and orderly manner and in sound condition and
good repair at all times.
All fences, walls, screening materials and animal runs must be
maintained in their original design and placement.
2. The maintenance and/or repair of any screening material, fence, wall or
animal run shall be constructed of the same materials as the existing
screening material, fence, wall or animal run.
B. When a fence, wall, or outdoor animal run is declared by the Building Official or
his designated representative to be dilapidated or hazardous, the Building
Official, or his designated representative shall order the occupant, owner, or
inhabitant of the property to remove or repair the screening material, fence, wall,
or outdoor animal run to a sound condition.
1. Dilapidated shall include, but not be limited to, screening materials,
fences, walls, or outdoor animal runs that have broken or missing planks
or portions, or that are out of horizontal or vertical alignment by more
than one foot (1') measured at the top of the posts.
2. Areas adjacent to screening areas, fences and walls shall be maintained
in a clean manner, and shall be free and clear of all debris, trash and
weeds, and other such materials or plants not a part of the screening or
landscaping.
3. It shall be unlawful for an occupant, owner, or inhabitant of a property to
fail to remove or repair a fence, screening material or wall in accordance
with this provision within ten (10) days of a written order issued under
this section, unless otherwise extended by the Building Official or his
designated representative.
SECTION 3.
CUMULATIVE REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town affecting
Materials and Maintenance and Repair on Non -Living Materials 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 or amended 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.
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 Materials and Maintenance
and Repair on Non -Living Materials regulations 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
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
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) and not 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.
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 as required by the Town Charter and state law.
SECTION 9.
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 of Trophy Club, Texasthis the
:16'h day of April
2007.
c
Mayor '
Town of Trophy Club, Texas
Effective Date:
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ATTEST:
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Town Secretary
Town of Trophy Club, Texas f
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Town
Town Attorney
Town of Trophy Club, Texas