ORD 2010-19TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2010-19
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING SECTION 1.07 ENTITLED "MAINTAINING HEAVY
VEHICLES, BOATS AND TRAILERS" OF ARTICLE I ENTITLED
"MOBILE HOME & HUD-CODE MANUFACTURED HOME
PLACEMENT AND REPLACEMENT" OF CHAPTER 5 ENTITLED
"GENERAL LAND USE" OF THE CODE OF ORDINANCES OF
THE TOWN OF TROPHY CLUB, TEXAS; PROVIDING FOR THE
INCORPORATION OF PREMISES; PROVIDING FOR AN
AMENDMENT; PROVIDING A CUMULATIVE REPEALER
CLAUSE; PROVIDING A SAVINGS 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; 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
WHEREAS, the Town previously adopted regulations governing the
keeping of heavy vehicles, boats and trailers within the Town which are codified
in Article I entitled "Mobile Home & HUO-Code Manufactured Home Placement
and Replacement" of Chapter 5 entitled "General Land Use" of the Code of
Ordinances of the Town of Trophy Club; and
WHEREAS, Town Council has determined it necessary to update the
regulations in Section 1.07 entitled "Maintaining Heavy Vehicles, Boats and
Trailers" of Article I of Chapter 5 of the Town's ordinance governing the manner
in which heavy vehicles, boats and trailers may be maintained within the Town;
and
WHEREAS, this amendment is necessary in order to facilitate the
objective of screening heavy vehicles, boats and trailers from public view when
wrought iron style fencing is in place so as to preserve good order by reducing
attractive nuisance within the Town; and
WHEREAS, the Town Council of the Town of Trophy Club, Texas
recognizes this need as meeting a valid governmental objective of protecting the
health, safety and welfare of the citizens of the Town; and
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WHEREAS, the Town Council has determined it appropriate to amend
Section 1.07 of Article I of Chapter 5 of the Code of Ordinances of the Town as
more fully set forth herein; and
WHEREAS, the Town Council hereby finds that the regulations
established herein are in the best interest of the health, safety and general
welfare of the citizens 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 Section 1.07, entitled "Maintaining Heavy Vehicles, Boats and Trailers" of
Article I, entitled "Mobile Home & HUD-Code Manufactured Home Placement
and Replacement" of Chapter 5 entitled "General Land Use" of the Code of
Ordinances of the Town of Trophy Club, Texas, is hereby amended, so that
Section 1.07 shall be and read in its entirety as follows:
"Section 1.07 Maintaining Heavy Vehicles, Boats, and Trailers"
It shall be unlawful for any person who is a resident of the Town to
locate or maintain any truck or commercial motor vehicle with a
registered gross vehicle weight of ten thousand (10,000) pounds or
greater, a boat, or a trailer within the Town for more than two (2) days
per month unless the truck or commercial motor vehicle, boat, or
trailer is enclosed in a garage or screened behind a solid fence no
greater than six (6) feet in height, or eight (8) feet in height where
allowed by Ordinance, and is not visible from a public street. A truck
or commercial motor vehicle, boat, or trailer shall be deemed
screened behind a solid fence when no portion of the truck,
commercial motor vehicle, boat or trailer is visible through the fence
from a public street, and no more than eighteen (18) inches of such
truck, commercial motor vehicle, boat or trailer is visible above the
top of the fence from a public street. Garages, fences and screening
materials shall be in compliance with all other Town ordinances and
regulations.
As used herein, the term "commercial motor vehicle" shall mean any
motor vehicle other than a motorcycle, designed or used for the
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transportation of property or persons, including without limitation,
vehicles used for delivery purposes.
SECTION 3.
CUMULATIVE REPEALER
This Ordinance shall be cumulative of all other Ordinances relating to the
maintenance of heavy vehicles, boats and trailers within the Town 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. In the
event that there is a conflict between the provisions adopted via this Ordinance
and those contained in existing Ordinances, the provisions of this Ordinance
shall control and the conflicting provisions of such other Ordinances are hereby
repealed. Ordinances or parts thereof in force at the time this Ordinance takes
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 conflicting Ordinance on the date of adoption of this Ordinance
shall continue to be governed by the provisions of such Ordinance and for that
purpose the previously adopted 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 maintenance of heavy vehicles, boats and trailers 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, the 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.
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SECTION 6.
PENALTY
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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 more than Five Hundred Dollars
($500.00), 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 Govemment Code.
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 as
required by Charter.
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, Texas this the
2nd day of August, 2010.
ATTEST:
L Town Secretary, Lisa Hennek
Town of Trophy Club, Texas
APPROVED TO AS FORM:
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Mayor, Connie White
Town of Trophy Club, Texas
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