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ORD 2008-33TOWN OF TROPHY CLUB, TEXAS TOWN ORDINANCE NO. 2008-33 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING CHAPTER 10 OF THE CODE OF ORDINANCES, ENTITLED "PUBLIC SAFETY", BY REPEALING SECTION 4.05, ENTITLED "APPROVED TIMES FOR SOLICITATION' OF ARTICLE IV, ENTITLED "PEDDLERS AND SOLICITORS" AND ADOPTING A NEW SECTION 4.05 REGULATING APPROVED TIMES FOR SOLICITATION; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENT; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 10 of Article IV of the Code of Ordinances of the Town was amended on August 18, 2008; and WHEREAS, subsequent to that amendment, the Town Council determined it necessary to further amend Section 4.05 of Article IV, Chapter 10, by expanding the times for solicitation; and WHEREAS, the Town Council hereby finds that repealing the current Section 4.05 of Article IV, of Chapter 10, of the Code of Ordinances and adopting a new Section 4.05 entitled "Approved Times for Solicitation" as further specified herein, serves the best interests of the Town and the health, safety and welfare. 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. AMENDMENT 2.01 Section 4.05 entitled "Approved Times for Solicitation" of Article IV entitled "Peddlers and Solicitors" of Chapter 10, entitled "Public Safety" of the Code of Ordinances of the Town is hereby repealed in its entirety and the following new 1 Section 4.05 entitled "Approved Times for Solicitation" of Article IV entitled "Peddlers and Solicitors" of Chapter 10 entitled "Public Safety" is hereby adopted to be and read as follows: 1. It shall be unlawful for any Person to conduct Commercial Solicitations before the hour of 9:00 AM and after the hour of 5:00 PM on any day of the week. Except as otherwise expressly provided herein, Charitable Solicitations and Religious Solicitations shall not be conducted before the hour of 9:00 AM and after the hour of 7:00 PM on any day of the week. 2. There shall be no Solicitation on Sunday, New Years Eve, New Years Day, Memorial Day (observed), Fourth of July, Labor Day (observed), Thanksgiving Day, the day after Thanksgiving, Christmas Eve, or Christmas Day. SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting the solicitations 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 portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. ENGROSSMENT AND ENROLLMENT 2 The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in accordance with the Town Charter and by filing this Ordinance in the Ordinance records of the Town. 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 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. SECTION 7. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage and publication in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 20th day of October, 2008. Mayor, Nick Sanders Town of Trophy Club, Texas ATTEST: O own Secretary, Lisa Hennek Town of Trophy Club, Texas iQF 11 R Op [SEAL] m own Attorney, Patricia Adams ��qRY A,,9h Town of Trophy Club, Texas 3