ORD 2012-14TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2012-14
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING CHAPTER 8 OF THE CODE OF ORDINANCES OF THE
TOWN, ENTITLED 'NUISANCES", ARTICLE I, ENTITLED "NOISE
NUISANCES", BY AMENDING VARIOUS SUBPARAGRAPHS OF
SECTION 1.01 ENTITLED "NUISANCES DEFINED" FOR THE
PURPOSE OF FURTHER PROTECTING NEIGHBORING PROPERTIES
FROM NOISE ASSOCIATED WITH CONSTRUCTION ACTIVITIES AND
TO IDENTIFY THE APPROPRIATE TOWN PERSONNEL FOR PERMIT
ISSUANCE; PROVIDING FOR THE INCORPORATION OF PREMISES;
PROVIDING FOR AMENDMENTS; PROVIDING A CUMULATIVE
REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR PUBLICATION; 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 ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to the Charter of the Town, State law, and its inherent
police powers, the Town Council of the Town is empowered to adopt ordinances and
rules that are for the good government of the Town; and
WHEREAS, the Town Council of the Town of Trophy Club, Texas has
determined that the citizens of Trophy Club should be entitled to peace, quiet and
solitude during nighttime hours, on Sundays, and on certain Holidays, from excavation,
construction and operation of heavy machinery and equipment and at all times from
certain other loud noises; and
WHEREAS, Town Staff has reviewed Chapter 8, Section 1.01 entitled Nuisances
Defined, and in order to obtain the foregoing objective and for ease of enforcement,
Staff recommends that Subparagraphs (A)(6) and (A) (8) be amended as set forth
below; and
WHEREAS, Town Staff has also identified the need to change references in
Section 1.01 from "Planning and Zoning Director" to "Community Development Director"
to accurately reflect the appropriate staff member with authority under Section 1.01; and
WHEREAS, Town Council has determined that the amendment provided below
are necessary and beneficial to the public health, safety, and welfare of the public and
promote the quiet enjoyment of property by 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
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 Subparagraph (A)6 of Section 1.01 entitled "Nuisances Defined" of Article I
entitled, "Noise Nuisances" of Chapter 8, entitled "Nuisances" of the Code of
Ordinances of the Town of Trophy Club, Texas is hereby repealed in its entirety and a
new Section 1.01 (A)(6) is hereby adopted and shall be and read in its entirety as
follows:
A. The following acts, among others, are declared to be nuisances in
violation of this Article, but said enumeration shall not be deemed to be
exclusive.
"6. The erection, including excavation, demolition, alteration or repair
work on any building, other than between the hours of 7:00 a.m. and
6:00 p.m. on or during the week days of Monday through Saturday,
inclusive, except in case of an urgent necessity in the interest of
public safety and convenience, and then only by permit from the Town
Community Development Director in accordance with Section 3 of this
Ordinance, specifying the nature of the emergency and the days and
hours such work is to be allowed, which permit may be renewed by
the Community Development Director during the time the emergency
exists."
2.02 Subparagraph (A)(8) of Section 1.01 entitled "Nuisances Defined" of Article I
entitled, "Noise Nuisances" of Chapter 8, entitled "Nuisances" of the Code of
Ordinances of the Town of Trophy Club, Texas is hereby repealed in its entirety and a
new Section 1.01 (A)(8) is hereby adopted and shall be and read in its entirety as
follows:
A. The following acts, among others, are declared to be nuisances in
violation of this Article, but said enumeration shall not be deemed to be
exclusive.
ORD 2012-14
"8. As a part of any business, other than between the hours of 7:00 a.m.
and 9:00 p.m., Monday through Saturday, inclusive, within 1500 linear
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feet of any occupied residential dwelling, the operation of any heavy
equipment, truck or machinery which emits noises of such intensity or
loudness that annoy or disturb persons of ordinary sensibilities within
such distance, except in the case of urgent necessity in the interest of
public safety and convenience, and then only by permit from the
Community Development Director in accordance with Section 3 of this
Ordinance, specifying the nature of the emergency and the dates and
hours such work is to be allowed, which permit may be renewed by
the Town Community Development Director during the time the
emergency exists."
2.03 Subparagraph (A)(9) of Section 1.01 entitled "Nuisances Defined" of Article I
entitled, "Noise Nuisances" of Chapter 8, entitled "Nuisances" of the Code of
Ordinances of the Town of Trophy Club, Texas is hereby renumbered to be
Subparagraph 1.01 (A)(1 0) and a new Subparagraph 1.01 (A)(9) is hereby adopted and
shall be and read in its entirety as follows:
A. The following acts, among others, are declared to be nuisances in
violation of this Article, but said enumeration shall not be deemed to be
exclusive.
"9. Construction work performed on any of the following holidays: New
Year's Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, Christmas Day."
2.04 Section 1.01 entitled "Nuisances Defined" of Article I entitled, "Noise Nuisances"
of Chapter 8, entitled "Nuisances" of the Code of Ordinances of the Town of Trophy
Club, Texas is hereby amended so that the term "Town Planning and Zoning director" in
Subparagraph (A)(2), Subparagraph (A)(7) and Subparagraph (A)(9) is replaced by the
term "Community Development Director", and the remaining terms of each of those
Subparagraphs shall remain the same.
SECTION 3.
CUMULATIVE REPEALER
This Ordinance shall be cumulative of all other ordinances of the Town 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
ORD 2012-14 Page 3 of 5
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 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 5.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish the
Caption, Penalty Clause, and Effective Date Clause of this Ordinance as required by
Section 52.011 of the Texas Local Government Code.
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).
SECTION 7.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance in accordance with the Town Charter.
SECTION 8.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of passage and
publication as required by law.
ORD 2012-14 Page 4 of 5
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas this the 18th day of June, 2012.
ATTEST:
S annon DePrat , own Secretary
own of Trophy Club, Texas
APPROVED TO AS FORM:
ORO 2012-14
Mayor, Connie White
Town of Trophy Club, Texas
[SEAL]
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