ORD 1999-21TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 1999- 21
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS RELATING TO TRAFFIC
AND STREET CONTROL AND PROVIDING REGULATIONS AS FOLLOWS:
PROVIDING DEFINITIONS; PROVIDING FOR A MAXIMUM RATE OF SPEED FOR
VEHICLES OF THIRTY (30) MILES PER HOUR WITHIN THE TOWN AND TWENTY
(20) MILES PER HOUR WITHIN A CERTAIN DISTANCE OF SCHOOLS; PROVIDING
FOR THE POSTING OF SPEED LIIYIIT AND SCHOOL ZONE SIGNS; PROVIDING FOR
THE POSTING OF STOP SIGNS; PROVIDING FOR THE POSTING OF STOP LIGHTS;
REGULATING THE CONSTRUCTION OF STRUCTURES WHICH MIGHT IMPACT
VISIBILITY ON THE ROADWAY; PROVIDING PARKING REGULATIONS;
PROHIBITING THE PARKING OF MOTOR VEHICLES ON PUBLIC HIGHWAYS,
STREETS AND OTHER RIGHTS-OF-WAY BETWEEN THE HOURS OF 3 A.M. AND 5
A.M. EACH DAY; PROVIDING REGULATIONS FOR OVERWEIGHT VEHICLES;
PROVIDING FOR PERMITS; PROVIDING FOR WEIGHTS OF LOADS; PROVIDING
FOR THE WEIGHING OF LOADED VEHICLES BY POLICE OFFICERS; PROVIDING
PROCEDURES FOR THE TRANSPORTATION OF SOLID WASTE; PROVIDING
PROCEDURES FOR THE TRANSPORTATION OF READY MIXED CONCRETE;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OTHER
ORDINANCES AFFECTING SPEED OF MOTOR VEHICLES, TRAFFIC CONTROL
DEVICES, OBSTRUCTION OF VIEW, PARKING, AND OVERWEIGHT VEHICLES
EXCEPT TO THE EXTENT OF CONFLICT HEREWITH; PROVIDING A SAVINGS
CLAUSE; REPEALING ORDINANCE NOS. 94-14, 95-02, 96-03, 96-15, 96-18, 97-07, AND
92-08 FOR THE PURPOSE OF COMBINING THE SAID ORDINANCES HEREIN
WITHOUT SUBSTANTIVE CHANGE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A GENERAL PENALTY OF NOT LESS THAN ONE DOLLAR (S1.00) NOR
MORE THAN TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE, UNLESS
SPECIFICALLY PROVIDED FOR OTHERWISE, AND A SEPARATE OFFENSE SHALL
BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION
OCCURS OR CONTINUES; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council is empowered under §51.001, TEX. LOC. GOVT ANN.
(Vernon 1998) and § 122.005, TEX. HEALTH & SAFETY CODE ANN. (Vernon 1998) to do all
acts and make all regulations which may be necessary or expedient for the promotion of the public
health; and
WHEREAS, the Town Council under §311.002, TEX. TRANSP. CODE ANN. (Vernon
1998) is given control and power over the streets and roads of the Town including the power to
regulate the streets and road; and
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WHEREAS, the Town Council is authorized under §542,201 and §542.202, TEX. TRANSP.
CODE ANN. (Vernon 1998) to adopt local traffic regulations with respect to streets and roads under
its jurisdiction; and
WHEREAS, the Town Council is authorized under §545.356, TEX, TRANSP. CODE ANN.
(Vernon 1998) to alter the prima facie speed limits within the Town; and
WHEREAS, the Town Council desires to establish regulations governing the maximum
speed vehicles within the Town; and
WHEREAS, upon the basis of a traffic investigation study taking into consideration the
health, safety and general welfare of the citizens of the Town, the number of children residing
throughout the Town, the type of development throughout the Town, the width and condition of the
pavement or other surface of the streets and roads within the Town, the usual traffic thereon, and
other circumstances on such streets and roads, the Town Council hereby finds and determines that
a reasonable and safe prima facie maximum speed limit on the streets and roads within the Town be
set; and
WHEREAS, the Town Council is further empowered pursuant to §544.003, TEX. TRANSP,
CODE ANN. (Vernon 1998) to erect stop signs at specified entrances to highways and streets under
its jurisdiction and designate any intersections as a stop intersection and erect appropriate signs at
one or more entrances to such intersections, and is further empowered by §544.002, TEX. TRANSP.
CODE ANN. (Vernon 1998) to place and maintain any traffic control devices upon any street within
its jurisdiction as it may deem necessary to indicate and carry out the provisions of said section, local
traffic ordinances or to regulate, warn or guide traffic, and finds that the placement of such signs and
other traffic control devices within the Town is in the best interests of the health, safety and welfare
of the members of the public; and
WHEREAS, the Town is authorized pursuant to §621.303, TEX. TRANSP. CODE ANN.
(Vernon 1998) to regulate the movement and operation of overweight, oversize or over length
commodities which cannot reasonably be dismantled, as well as the movement and operation of
superheavy or oversize equipment for the transportation of oversize or overweight or over length
commodities which cannot be reasonably dismantled, on public roads within the Town; and
WHEREAS, the Town is authorized pursuant to §622.014, TEX. TRANSP. CODE ANN.
(Vernon 1998) to prescribe by order or ordinance reasonable rules and regulations governing the
operation of vehicles used to transport ready mixed concrete over the streets of the Town; and
WHEREAS, the Town Council has heretofore adopted Ordinance Nos. 94-14, 95-02, 96-03,
and 96-15 relating to stop signs and other traffic control devices, Ordinance No. 97-07 relating to
parking on unapproved surfaces and it is the intent of the Council, by the adoption of this Ordinance,
to combine the said Ordinances herein without effecting a substantive change in the law; and
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WHEREAS, the Town Council hereby finds that the adoption of this Ordinance is in the best
interests of the health, safety and welfare of the citizens of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
I.
INCORPORATION OF PREAMBLE
That the above and foregoing preamble is true and correct and is incorporated herein as if copied
herein in its entirety.
II.
DEFINITIONS
When used in this Ordinance, the following words and phrases shall have the respective meanings
ascribed to them:
"Alley" means a street that is not used primarily for through traffic and provides access to
rear entrances of buildings or lots along a street.
"Chief' or "Chief of Police" means the Chief of Police of the Town.
"Commercial motor vehicle" means any motor vehicle other than a motorcycle, designed or
used for the transportation of property, including every vehicle used for delivery purposes.
"Motor Vehicle" means every vehicle, as herein defined, which is self-propelled.
"Semi --trailer" means every vehicle of the trailer type so designed or used in conjunction with
a motor vehicle that some part of its own weight and that of its own load rests upon or is
carried by another motor vehicle.
"Stop light" means a traffic control signal displaying different colored lights or colored
lighted arrows successively or in a combination and may display only green, yellow, or red
and applies to operators of vehicles as provided by the Texas Transportation Code.
"Street" means every street, road and alley within the Town of Trophy Club, Texas,
exclusive of state highways within the Town.
"Trailer" means every vehicle without motive power designed or used for carrying
property or passengers wholly on its own structure and to be drawn by a motor vehicle.
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"Truck -tractors" means every motor vehicle designed or used primarily for drawing
other vehicles, and not so constructed as to carry a load other than a part of the weight of the
vehicle and load so drawn, except that is engaged with a semi -trailer in the transportation of
automobiles, and that transports motor vehicles on part of the truck -tractor.
"Vehicle" means every mechanical device in, upon or by which any person or property is or
may be transported or drawn upon a public highway, including motor vehicles, commercial
motor vehicles, truck -tractors, trailers, and semi -trailers, severally, as hereinafter defined, but
excepting devices moved by human power or used exclusively upon stationary rails or tracks.
III.
SPEED OF VEHICLES
A. Maximum speed.
1. Except as provided by Section IV. E. of this Ordinance, no person shall drive a
vehicle on a street or highway within the Town at a speed treater than is reasonable and
prudent under the circumstances then existing.
2. The maximum rate of speed on all of the streets, roads and highways within
the corporate limits of the Town shall be thirty (30) miles per hour, except in
designated school zones as provided herein.
3. The maximum rate of speed on all of the alleys within the corporate limits of the
Town shall be (15) fifteen miles per hour.
B. School Zones. The following areas, streets or portions thereof shall be designated
special speed zones and it shall be unlawful for any person to drive any vehicle thereon at
a speed greater than twenty (20) miles per hour during the designated times:
1. On Village Trail Road from the 0 block to the 200 block, between the hours
of 7:00 a.m. and 9:00 a.m. and between the hours of 2:00 p.m. and 3:30 p.m. on
school days.
2. On Trophy Lake Drive at the corner of Trophy Club Drive to 300 feet south
of Village Trail Road, between the hours of 7:00 a.m. and 9:00 a.m. and between the
hours of 2:00 p.m. and 3:30 p.m. on school days.
3. On Marshall Creels Road from the most western Town limits sign to 300 feet
east of Parkview Drive, between the hours of 7:00 a.m. and 9:00 a.m. and between
the hours of 2:30 p.m. and 4:30 p.m. on school days.
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4. On Parkview Drive from the intersection of Marshall Creek Road, south to
Park Lane between the hours of 7:00 a.m. and 9:00 a.m. and between the hours of
2:30 p.m. and 4:30 p.m. on school days.
C. Signs. Speed limit and school zone signs in conformity with the manual and specifications
for uniform traffic control devices as adopted by the State Highway Commission shall be and
hereby are directed to be erected at the appropriate locations as determined by the Chief of
Police.
IV.
TRAFFIC CONTROL DEVICES
A. Uniformity of traffic control devices; conformance to manual traffic -control
All trac-control
devices including signs, signals and markings (pavement and/or curb) installed or used for
the purpose of directing and controlling traffic within, the Town shall conform with the Texas
Manual on Uniform Traffic Control Devices for Streets and Highways adopted by the State
Highway Commission (the "Manual"). As required by §544.002, TEX. TRANSP. CODE
ANN. (Vernon 1998), all signs, signals and markings erected or used by the Town shall be
uniform, and shall be located throughout the Town in conformity with the directions shown
in the Manual as far as practicable.
B. Stop signs. Stop signs shall be erected at the following intersections and such intersections
are hereby designated as stop intersections. Every driver of a vehicle approaching a stop
intersection shall stop before entering the crosswalk on the near side of the intersection or,
in the event there is no crosswalk, shall stop at a clearly marked stop line, but if none, then
at the point nearest the intersecting roadway where the driver has a view of the approaching
traffic on the intersecting roadway before entering the intersection, except when directed to
proceed by a police officer or traffic control signal. The stop intersections and locations of
stop signs shall be as follows: '
1. At the corner of every street or court intersecting with and entering onto Trophy Club
Drive.
2. At the corner of every street or court intersecting with and entering onto Indian Creek
Drive.
3. At the corner of every street or court intersecting with and entering onto Village Trail
Drive.
4. At the northeast corner of the intersection of Indian Creek Drive and Trophy
Wood Drive facing east on Indian Creek Drive.
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5. At the southwest corner of the intersection of Indian Creels Drive and Trophy
Wood Drive facing west on Indian Creels Drive,
6. At the southeast 'corner of the intersection of Indian Creek Drive and Trophy
Wood Drive facing south on Trophy Wood Drive.
7. At the northeast comer of the intersection of Inverness Drive and Forest Hill
Drive facing east on Inverness Drive.
S. At the northeast comer of the intersection of Phoenix Drive and Pebble Beach
Drive facing east on Phoenix Drive,
9. At the northeast comer of the intersection of Camoustie Drive and Oakmont
Drive facing east on Camoustie Drive.
10. At the northwest corner of the eastern most section of the intersection of Seminole
Drive and Fresh Meadow Drive facing north on Seminole Drive.
11. At the northeast corner of the intersection of Pin Oak Drive and Trophy Wood Drive
facing east on Pin Oak Drive.
12. At the northeast corner of the intersection of Pebble Beach Drive and Trophy
Wood Drive facing east on Pebble Beach Drive.
13. At the southwest comer of the intersection of Pebble Beach Drive and Trophy
Wood Drive facing west on Pebble Beach Drive.
14. At the northeast comer of the intersection of Inverness Drive and Trophy Wood Drive
facing east on Inverness Drive.
15. At the southwest corner of the intersection of Inverness Drive and Trophy
Wood Drive facing west on Inverness Drive.
16. At the northwest corner of the intersection of Michelle Court and Indian Creek
Drive facing north on Michelle Court.
17. At the southeast corner of the intersection of Brook Hollow Lane and Indian
Creek Drive facing northeast on Indian Creek Drive.
18. At the southeast comer of the intersection of St. Andrews Court and Indian
Creek Drive facing southwest on St. Andrews Court.
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19. At the southeast corner of the intersection of Lake Forest Court and Indian
Creek Drive facing southwest on Lake Forest Court.
20. At the southeast corner of the intersection of Turnbury Court and Indian CreeIc
Drive facing southwest on Turnbury Court.
2L At the southeast corner of the intersection of Glen Eagles Court and Indian
Creels Drive facing southwest on Glen Eagles Court.
22. At the northeast corner of the intersection of Woodlands Court and Indian
Creels Drive facing east on Woodlands Court.
23. At the northeast corner of the intersection of Shady Oaks Court and Indian
Creek Drive facing east on Shady Oaks Court.
24. At the northeast corner of the intersection of Ross Court and Indian Creek
Drive facing east on Ross Court.
25. At the northwest corner of the most easterly intersection of Fair Green Drive
and Indian Creels Drive facing north on Fair Green Drive.
25. At the northwest corner of the most westerly intersection of Fair Green Drive
and Indian Creek Drive facing north on Fair Green Drive.
27. At the northeast corner of the intersection of Sunrise Court and East Hillside
Place facing east on Sunrise Court.
28. At the northeast corner of the intersection of Greenhill Trail South and East
Hillside Place facing east on Greenhill Trail South.
29. At the northeast corner of the intersection of Crestwood Drive and East Hillside Place
facing east on Crestwood Drive.
30. At the southeast corner of the intersection of Rockwood Drive and Crestwood
Drive facing south on Rockwood Drive,
31. At the southwest corner of the intersection of Overhill Drive and Skyline Drive facing
west on Overhill Drive.
32. At the southwest corner of the most southerly intersection of Panorama Trail
and Skyline Drive facing west on Panorama Trail.
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33. At the northeast corner of the intersection of Panorama Court and Skyline Drive
facing east on Panorama Court.
34. At the southwest corner of the most northerly intersection of Panorama Trail
and Skyline Drive facing west on Panorama Trail.
35. At the northwest corner of the intersection of Brookfield Drive and Creek Courts
Drive facing north on Brookfield Drive.
36. At the northwest corner of the intersection of Oakmont Drive and Creek Courts Drive
facing north on Oakmont Drive.
37. At the southeast corner of the intersection of Cimarron Drive and Sonora Drive facing
south on Cimarron Drive.
38. At the southwest corner of the intersection of Trophy Club Drive and Indian
Creek Drive facing west and controlling traffic on Trophy Club Drive.
34. At the northeast corner of the intersection of Trophy Club Drive and Michelle
Court facing east and controlling traffic on Trophy Club Drive.
40. At the northwest corner of Overhill Drive and Timber Ridge Drive facing north on
Overhill Drive.
41. At the southwest corner of Timber Ridge Drive and Skyline Drive facing west on
Timber Ridge Drive.
42. At the northwest corner of Rockwood Drive and Meadowbrook Lane facing
north on Rockwood Drive.
43. At the northeast corner of Greenleaf Drive and Meadowbrook Lane facing
southeast on Greenleaf Drive.
44. At the southeast corner of Timberline Drive and Greenleaf Drive facing east
on Timberline Drive.
45. At the northeast comer of Timber Ridge Drive and Greenhill Drive facing east
on Timber Ridge Drive.
46. At the northwest corner of Greenleaf Drive and Timberline Drive facing north
on Greenleaf Drive.
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47. At the southwest comer of Trophy Wood extension at T. W. King Road facing west
on T. W. King Road.
48. At the southeast corner of Lake Forest Drive and Cypress Court facing south on Lake
Forest Drive.
49. At the northwest corner of Summit Cove and Municipal Drive facing north
on Summit Cove.
50. At the northwest comer of Hill Top Lane and Oak Hill Drive facing north on Oak Hill
Drive.
51. At the southwest comer of Oak Hill Drive and Oak Hill Drive facing west;
this street circles around into-
itself
52. At the northeast comer of Oak Village Court and Oak Hill Drive facing east
on Oak Village Court.
53. At the northwest comer of Carnoustie Drive and Wilshire Drive facing north on
Camoustie Drive.
54. At the southeast corner of Portland Drive and Wilshire Drive facing south on Portland
Drive.
55. At the southeast comer of Berkshire Drive and Portland Drive facing southwest on
Berkshire Drive.
56. At the southeast corner of Winding Creels Court and Creek Courts Drive facing south
on Winding Creek Court.
57. At the northeast corner of Palmetto Court and Oakmont Drive facing east on
Palmetto Court.
58. At the southwest corner of Oakmont Drive and Oakmont Drive facing west;
this street circles around into itself.
59. At the southwest comer of Shasta Drive and Trophy Lake Drive facing west
on Shasta Drive.
60. At the northwest corner of Llano Drive and Shasta Drive facing north on Llano Drive.
61. All four corners where Cimarron Drive and Shasta Drive intersect.
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62. At the southeast corner of Shasta Drive and Alamosa Drive facing south on
Shasta Drive.
63. At the southeast- corner of Pagosa Court and Sonora Drive facing south on
Pagosa Court.
64. At the southeast corner of Palo Duro Court and Sonora Drive facing south on
Palo Duro Court.
65. At the southeast corner of Mesa Verde Court and Sonora Drive facing south
on Mesa Verde Court.
66. At the southeast corner of Salida Drive and Chimney Rock Drive facing south
on Salida Drive.
67. At the southeast corner of Sonora Drive and Monterey Drive facing south on
Sonora Drive.
68. At the northwest corner of Silver Rock Drive and Chimney Rock Drive facing
north on Silver Rock Drive.
69. At the southwest corner of Monterey Drive and Silver Rock Drive facing west
on Monterey Drive.
70. At the southeast corner of Silver Rock Drive and Durango Drive facing south
on Silver Rock Drive.
71. At the northeast corner of Chimney Rock Drive and Sonora Drive facing east on
Chimney Rock Drive.
72. At the corner of every court intersection with and entering onto Creek Courts Drive.
73. At the southeast corner of the intersection of Sunset Drive and Portland Drive
facing south on Sunset Drive.
74. At the northeast corner of the intersection of Oak Village Lane and Oak Hill
Drive facing east on Oak Village Lane.
75. At the southwest corner of the intersection of Jaime Court and Trophy Wood
Drive facing west on Jaime Court.
76. At the southwest corner of the intersection of Fairway Village and Fresh Meadow
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Court facing west on Fairway Village.
77. At the southeast corner of the intersection of Village Way and Fairway Village
facing south on Village Way.
78. At the northeast comer of the intersection of Jennifer Court and Michelle Court facing
east on Jennifer Court.
79. At the northwest corner of the intersection of Hill Lane and Oak Hill Drive
facing west on Hill Lane.
80. At the southeast corner of the intersection of Glenwick Court and Meadow
Ridge Drive facing south on Glenwick Court,
81. At the southeast corner of the intersection of Glen Hurst Court and Meadow
Ridge Drive facing south on Glen Hurst Court.
82. At the northwest corner of the intersection of Ridgewood Drive and Meadow
Ridge Drive facing north on Ridgewood Drive.
83. At the southeast corner of the intersection of Briar -wood Court and Meadow
Ridge Drive facing south on Briarwood Court.
84 At the southeast corner of the intersection of Meadow Lake Drive and Avalon
Drive facing west on Meadow Lake Drive.
85. At the northwest corner of the intersection of Lakewood Drive and Avalon
Drive facing north on Avalon Drive.
86. At the northeast corner of the intersection of Silver Rock Drive and McKenzie
Drive facing east on Silver Rock Drive.
87. At the southwest comer of the northern most intersection of Lakeview Drive
and Lake Shore Drive facing west on Lakeview Drive.
88. At the southwest corner of the southern most intersection of Lakeview Drive
and Lakeshore Drive facing west on Lakeview Drive.
89. At the southeast corner of the intersection of Parkway Court and Park Lane
facing south on Parkway Court.
90. At the southwest comer of the intersection of Park Lane and Parkview Drive
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facing west on Park Lane.
91. At the southeast corner of the intersection of Cimarron Court and Cimarron
Drive facing west on Cimarron Court.
92. At the northeast corner of the intersection of Round Rock Court and Llano
Drive facing east on Round Rock Court.
93. At the northeast corner of the intersection of Paint Rock Court and Llano Drive facing
east on Paint Rock Court.
94. At the southwest corner of the intersection of Village Trail and Trophy Lake
Drive facing west on Village Trail.
95. At the southeast corner of the intersection of Colonial Court and Cypress Court facing
south on Colonial Court.
96. At the northwest corner of the intersection of Gentry Court and Fresh Meadow
Drive facing north on Gentry Court,
97. At the northeast corner of the intersection of Hanna Court and Trophy Wood
Drive facing east on Hanna Court.
98. At the corner of every street or court intersection with and entering onto Durango
Drive.
99. At the comer of every street or court intersection with and entering onto Skyline
Drive.
100. At the northeast comer of the intersection of Panorama Circle going west and
Panorama Circle going north.
101. At the northwest corner of the intersection of Spyglass Court and Hogan's
Drive facing north on Spyglass Court.
102. At the northwest corner of the intersection of Hayes Court and Hogan's Drive
facing north on Hayes Court.
103. At the northwest corner of the intersection of Hamper Court and Hogan's Drive
facing north on Hamper Court.
104. At the northwest comer of the intersection of Spyglass Court and Cypress Court
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facing north on Spyglass Court,
105. At the southeast corner of the intersection of Spyglass Court and Hogan's Drive
facing south on Spyglass Court.
105. At the northeast comer of the intersection of Stephen's Court and Hogan's Drive
facing east on Stephen Court.
107. At the northwest corner of the intersection of Edgemere Court and Edgemere
Drive facing northeast on Edgemere Court.
108. At the northwest comer of the intersection of Clear Vista Drive and Eagles
Court facing north on Clear Vista Drive.
C. Ston lights. Stop lights shall be erected at the following intersections and such
intersections are hereby designated as stop intersections. An operator of a vehicle facing only
a steady red signal shall stop at a clearly marked stop line. In the absence of a stop line, the
operator shall stop before entering the crosswalk on the near side of the intersection, except
when directed to proceed by a police officer or traffic control signal. The stop light
intersections and locations of stop lights shall be as follows:
1. At the intersection of Trophy Club Drive and State Highway 114.
2. At the intersection of Trophy Lake Drive and State Highway 114.
D. Compliance. The driver of any vehicle shall obey the instructions of any official
traffic -control device, sign. signal or marking applicable thereto placed in accordance with
this ordinance or other traffic ordinances of the Town, unless otherwise directed by a police
officer, subject to the exceptions herein granted the driver of an authorized emergency
vehicle.
E. Exceptions as to authorized emergency_ vehicles.
1. The driver of an authorized emergency vehicle, as the term "authorized emergency
vehicle" is defined by §541.201, TEX. TRANSP. CODE (Vernon 1998), when
responding to an emergency call or when in the pursuit of an actual or suspected
violator of the law, or when responding to but not upon returning from a fire alarm,
may exercise the privilege set forth in this section, but subject to the conditions
herein stated and subject to other applicable ordinances of the Town.
2. The driver of an authorized emergency vehicle may:
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(a) Park or stand, irrespective of the provisions of this or any other
ordinance of the Town;
(b) Proceed past a red or stop signal or stop sign, but only after slowing
down as may be necessary for safe operation;
(c) Exceed thep rima facie speed limits so lona as he does not endanger
life or property; 4
(d) Disregard regulations governing direction of movement or turning in
specified directions.
3. The exemption herein granted to an authorized emergency vehicle shall apply only
when the driver of any such vehicle in motion sounds an audible signal by bell, siren,
or exhaust whistle as may be reasonably necessary, and when the vehicle is equipped
with at least one lighted lamp displaying a red light visible under normal atmospheric
conditions from a distance of at least five hundred (500) feet to the front of such
vehicle, except that an authorized vehicle operated as a police vehicle need not be
equipped with or display a red light from in front of the vehicle.
F. Display of unauthorized device.
1. No person shall place, maintain, or display upon or in view of any highway,
street or alley any unauthorized sign, signal, marling, or device, whether one or more
which purports to be or is an imitation of or resembles an official traffic -control
device or railroad sign or signal, or which attempts to direct the movement of traffic,
or which hides from view or interferes with the effectiveness of any official traffic
control device or any railroad sign or signal.
2. No person shall place or maintain nor shall any public authority permit upon
any highway, street or alley any traffic sign or signal bearing thereon any
commercial advertising.
I This subsection F. shall not be deemed to prohibit the erection upon private
property adjacent to highways, streets or alleys of signs giving useful directional
information and of a type that can not be mistaken for official signs.
4. Every such prohibited sign, signal or marking is hereby declared to be a public
nuisance, and the Chief of Police or his authorized representative is hereby
empowered to remove the same or cause it to be moved without notice.
G. Interference. No person shall without lawful authority attempt to or in fact alter, deface,
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injure, knock down or remove any official traffic -control device, sign or signal or any
railroad sign or signal or any inscription, shield, or insignia thereon, or any part thereof.
H. Manual Operation by School Crossinb Guards.
1. The school crossing guards officially designated by the Chief of Police are
hereby invested with the authority to manually operate traffic -control signals,
pursuant to §542.202, TEX. TRANSP. CODE ANN. (Vernon 1998), by which traffic
is alternately directed to stop and permitted to proceed.
2.. Pursuant to §542.501, TEX. TRANSP. CODE ANN. (Vernon 1998), it shall be
unlawful for any person to willfully fail or refuse to comply with a traffic -
control signal operated by a school crossing guard.
I. Installation and maintenance generally. The Chief of Police, or a person under the
direct supervision and authority of the Chief of Police, shall place and maintain traffic
control signs, signals and devices when and as required under this Ordinance or other traffic
ordinances of this Town to make effective the provision of this Ordinance or other
ordinances, and may place and maintain such additional traffic control devices as he may
deem necessary to regulate traffic under this Ordinance or other traffic ordinances of this
Town or under state law, or to guide or warn traffic.
J. Same -Evidence of authority. It being unlawful for any person other than the Chief
of Police, or a person acting under his supervision and control and pursuant to an ordinance
of the Town, to install or cause to be installed any signal, sign or device purporting to direct
the use of the streets or the activities on those streets of pedestrians, vehicles, motor vehicles,
or animals, proof, in any prosecution for a violation of this ordinance or any traffic
Ordinance of the Town, that any traffic -control device, sign signal or marking was actually
in place on any street shall constitute prima facie evidence that the same was installed by the
Chief of Police or under his authority and supervision pursuant to the authority of this
Ordinance or of another Ordinance directing the installation of such device, signal or
marking.
V.
IMPAIRING VISIBILITY
A. Prohibition. No object or combination of objects, including but not limited to any
structure, fence, wall, screen, hedge, tree, bush. shrub, billboard or mound of earth, terrace,
bank or barrier shall be erected, placed, planted or maintained on any comer lot in such a
manner as to create a traffic hazard by obstructing the view of the drivers of motor vehicles
using the streets adjacent thereto.
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B. Exceptions. Natural existing terrain which cannot be removed by reasonable landscaping
techniques, including retaining walls constructed below or at the same grade line of such
natural existing terrain, shall be excluded from the objects otherwise prohibited as stated
within Section V. A.
C. Presumption. An object, or combination of objects, erected, placed, planted or maintained
on a corner lot or parkway adjacent thereto so as to interfere with the visual line of sight at
an elevation between two and one-half (2-112) feet above the top of the adjacent roadway
curb and eight (S) feet above the top of the adjacent street curb, or if there is no curb then
from the average street grade, within a triangular area formed by the intersection of the
adjacent street curb lines and a point on each such right-of-way line thirty-five (35) feet from
the intersection, shall be prima facie evidence that said object, or combination of objects, so
erected, placed, planted or maintained is an obstruction constituting a traffic hazard.
D. Removal. Any object, or combination of objects, place, erected, planted or maintained in
violation of this Ordinance, shall be removed within ten (10) days of receipt of written notice
by certified mail from the Chief of Police or his representative, to the owner, agent or
occupant of the premises where such obstruction has been erected, placed, planted or
maintained.
V1.
PARKING
A. Definitions. For purposes of this Section VI, the terms below shall mean as follows:
"Approved paved surface" means a surface on which off street parking is permitted
as authorized by and set forth in the Town Comprehensive Zoning Ordinance and
other applicable ordinances of the Town.
2. "Recreational vehicle" means self-propelled living quarters equipped or used
CD
for sleeping and eating which may be moved from one location to another over a
public street.
3. "Stand' or "park" means the halting of a vehicle, whether occupied or not,
otherwise than temporarily for the purpose of and while actually engaged in
receiving or discharging passengers.
B. Parking of vehicles prohibited. It shall be unlawful for any person to leave, park
or stand a motor vehicle, mobile home, motor home, recreational vehicle, trailer or
boat upon the following portions of the specified public streets located within the
Town.
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Indian Creek Drive between its intersection with Trophy Club Drive and
Heritage Court;
2. Along the south bound and west bound lanes of Indian Creek Drive between
Timberline Drive and Hillcrest Court;
3. Trophy Club Drive between its intersection with. State Highway 114 and Avenue
Twenty; provided, however, that there shall be excluded from this portion of the
public street that area which lies between median number two and median number
three along Trophy Club Drive and adjacent to the Town infornlation/map sign (the
said area being located approximately one-fourth mile from the intersection of
Trophy Club Drive and State Highway 114), and which area is designated and
marked by striping or otherwise as a parking area where vehicles may park, stop or
stand for no more than five (5) minutes for the purpose of reviewing the said
information/map sign;
4. Trophy Lake Drive;
5. Along the south side of the entire length of Fairway Village Drive;
6. Along the south side of the entire length of Summit Cove Drive.
C. Parking on unapproved surface., A person commits an offense if he stops, stands
or parks a motor vehicle on a lot, unless the vehicle is on an approved paved surface.
D. Exception for emergency v_ehicles., All emergency vehicles shall be exempt from
the restrictions as set forth in subsection B. and C. hereof. Emergency vehicles shall include
ambulances, fire trucks and equipment, police vehicles and all governmental vehicles used
for necessary governmental purposes.
E. Overnight parking.
Prohibition. It shall be unlawful for any person to stand or park any motor vehicle,
trailer, mobile home, motor home or boat along or upon any public highway, street,
alley or other public right-of-way located within the Town between the hours of 3
a.m. and 5 a.m. each day. This prohibition shall not be applicable to any motor
vehicle which is being used for emergency purposes, to the operation of any motor
vehicle being used by a utility company for repair purposes, or to any governmental
vehicle being used for necessary governmental purposes.
2. Authority to park with permit; out of„town guests. Any person who desires to
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stand or park a vehicle upon a public highway, street, alley or other public right-of-
way
ight-ofway between the hours of 3 a.m. and 5 a.m. may purchase a permit authorizing the
same from the Permit Department, provided there are four (4) or more vehicles in the
household of the person requesting the permit. One permit shall be issued for each
vehicle for which a permit is requested, which permit shall be permanently affixed
to the left side of the back (rear) window so that it is plainly visible to a person
standing outside of the vehicle, or if there is no back (rear) window, in a place where
the said permit is plainly visible. Permits shall be issued on a calendar year basis so
that they shall expire on December 31 of the year of issuance. A fee of fifty dollars
($50.00) per vehicle shall be charged for the issuance of apermit; provided, however,
that a fee of $40.00 shall be charged for a permit issued between April 1 and June 30,
and a fee of $30.00 shall be charged for any permit issued thereafter through
December 31.
It shall not be a violation of this Ordinance for a nonresident of the Town,
while visiting a resident of the Town, to park or stand a vehicle owned or controlled
by the non-resident on a public street, highway or other public right-of-way between
the hours of 3 a.m. and 5 a.m., provided that notice of such parking or standing is
given to the Chief of Police or the Permit Department by no later than 5 p.m. of the
immediately previous day. Such parking or standing shall not exceed seven (7)
consecutive days nor a total of fourteen (14) days in any one calendar month.
Any vehicle parked as permitted by this section shall be parked directly in
front of the residence being visited in such a manner as not to obstruct access
to the private driveways of neighboring residents.
F. Presumption. It is presumed that the registered owner of an unattended or unoccupied
vehicle parked, stopped or standing in violation of this Ordinance illegally parked such
vehicle. The records of the State Highway Department or the County Highway License
Department showing the name of the person to whom the State highway license was issued
is prima facie evidence of ownership by the named individual.
G. Parking for handicapped persons.
1. The Town of Trophy Club or any private property owner within the Town,
who voluntarily designates a parking space or area specifically for a person who is
disabled by reason of mobility problems that substantially impairs the person's
ability to ambulate or who is legally blind, must post a sign that conforms to the
design established and approved by the State Department of Highways and Public
Transportation and the space or spaces provided must conform to the width
requirements set by the Department.
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?. Any vehicle displaying a symbol, table, or other device authorized by the State
Department of Highways and Public Transportation and issued to the operator
thereof for use in transporting a disabled person, when operated by or for the
transportation of such disabled person, shall be allowed to park for unlimited periods
in any parking space or parking area designated specifically for the physically
handicapped. Such vehicle, being properly marked as provided by such statute, is
exempt from the payment of fees or penalties imposed by any ordinance of the City
for parking at a meter or in a space with a limitation on the length of time for
parking, unless the vehicle was not parked at the time by or for the transportation of
a disabled person. This exemption does not apply to fees or penalties imposed by a
branch of the Unites States Government. This section does not permit parking a
vehicle at a place or time that parking is prohibited.
3. A person commits an offense if the person is neither temporarily or permanently
disabled nor transporting a temporarily or permanently disabled person and parks a
vehicle with such special device or displaying a temporarily disabled person
identification card in any parking space or parking area designated specifically for
the disabled. A person commits an offense if the person parks a vehicle neither
displaying the special device nor displaying a temporarily disabled person
identification card in a parking space or parking area designated specifically for the
disabled. An offense under this section is punishable by a fine of not less than Fifty
Dollars ($50.00) nor more than Five Hundred Dollars ($500.00).
H. Parking prohibited in specified places. Except where necessary to avoid conflict
with other traffic, or in compliance with law or the direction of a police officer or
official traffic -control device, no person shall stop, stand or park a vehicle:
1. Between a safety zone or fire lane and the adjacent curb or within thirty feet
(30) of points on the curb immediately opposite the ends of a safety zone, unless a
different length is indicated by signs or markings.
2. Adjacent to a fire hydrant within ten (10) feet of points on the curb directly adjacent
to a fire hydrant, unless a different length is indicated by signs or markings.
VII.
OVERWEIGHT VEHICLES
A. Weights and loads of vehicles: special permits
1. Prohibition. Except as otherwise provided by law, no person may drive, operate, or
move, nor may the owner cause or permit to be driven, operated or moved, on any
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street, any vehicle or vehicles of a weight exceeding the limitations stated in this
Section VII, or transport thereon any load or loads exceeding the weight prescribed
in this Section VII.
}k
Permit, fee. The Town Council may issue permits limited to periods of ten (10)
days or less for the transportation over Town streets of overweight commodities
which cannot be reasonably dismantled or for the operation over the Town streets of
superheavy equipment for the transportation of overweight commodities which
cannot be reasonably dismantled.
A permit fee of $50.00 shall be charged for each vehicle transporting over Town
streets overweight commodities which cannot be reasonably dismantled or for the
operation over Town streets of superheavy equipment for the transportation of
overweight commodities which cannot be reasonably dismantled. The owner or
operator of such vehicles may apply to the Permit Department for said permit. Each
permit shall contain the name of the owner or operator of the vehicle, the weight
which the vehicle is carrying, the vehicle identification number, and any other
information deemed necessary by the Town Council. The Town Council shall
designate the route within the Town to be used by said vehicles operating over the
Town streets.
B. Wei ht of load.
1. Except as otherwise provided by law, no commercial motor vehicle, truck. -
tractor, trailer or semi -trailer, nor combination of such vehicles shall be operated over,
on or upon Town streets, having a weight in excess of one or more of the following
limitations:
(a) No such vehicle nor combination of vehicles shall have a greater weight than
twenty thousand (20,000) pounds carried on any one axle, including all
enforcement tolerances; or with a tandem axle weight in excess of thirty-four
thousand (34,000) pounds, including all enforcement tolerances; or with an
overall gross weight on a group of two or more consecutive axles produced
by application of the following formula:
W=500((LN/(N-1)) + 12 + 36
where W = overall gross weight on any group of two or more consecutive
axles to the nearest 500 pounds, L = distance in feet between the extreme of
any group of two or more consecutive axles, and N = number of axles in
hat two consecutive sets of tandem axles
group under consideration, except t
may carry a gross load or 34,000 pounds each providing the overall distance
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between the first and last axles of such consecutive sets of tandem axles is
thirty-six (36) feet or more: provided that such overall gross weight may not
exceed eighty thousand (80,000) pounds, including all enforcement
tolerances.
(b) No such vehicle nor combination of vehicles shall have a greater weight than
six hundred (600) pounds per inch width of tire upon any wheel concentrated
upon the surface of the Town street and using high-pressure tires, and a
greater weight than six hundred and fifty (650) pounds per inch width of tire
upon any wheel concentrated upon the surface of the highway and using low-
pressure tires, and no wheel shall carry a load in excess of eight thousand
(8000) pounds on high-pressure tires and ten thousand (10,000) pounds on
low-pressure tires, nor any axle a load in excess of sixteen thousand (16,000)
pounds on high-pressure tires, and twenty thousand (20,000) pounds on low-
pressure tires.
(c) In this subsection, an axle Ioad is defined as the total load transmitted
to the road by all wheels whose centers may be included between two (2)
parallel transverse vertical planes forty (40) inches apart, extending across the
full width of the vehicle. Tandem axle group is defined as two (2) or more
axles spaced forty (40) inches or more apart from center to center having at
least one (1) common point of weight suspension.
2. No person shall load, or cause to be loaded, a vehicle for operation on the Town
streets with the intent to violate the weight limitations in subsection B.(I) of this
Section 7. Intent to violate those limitations is presumed if the loaded vehicle
exceeds the applicable gross vehicular weight limit by 15 percent or more. This
subsection B.(2) does not apply to the loading or causing to be loaded of an
agricultural or a forestry commodity prior to the processing of the commodity.
The load limits established by this subsection B. shall be posted by appropriate
signs within the Town by the Chief of Police or his designated representative prior
to the enforcement of any of the provision hereof.
C. Application for registration to show weight and maximum loads license receipt:
penalty for violation. When any person, firm or corporation desires to operate over any
Town street any vehicle that cannot comply with one or more of the weight restrictions
contained in this Section VII, the Permit Department may, as an alternative to any other
procedure authorized by law, upon application issue a permit for the movement of such
vehicle, when the Permit Department is of the opinion that the same may be moved without
material damage to the street or road.
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Upon application for a permit for any commercial motor vehicle, truck -tractor, trailer
or semi -trailer, the applicant shall deliver to the Permit Department an affidavit, duly sworn
to before an officer authorized to administer oaths, showing the weight of said vehicle, the
maximum load to be transported thereon, and the total gross weight for which said vehicle
is to be permitted; which affidavit, shall be kept on file by the Permit Department. The
permit issued to the applicant shall also show the total gross weight for which said vehicle
is registered. A copy of said receipt shall be carried at all times on any such vehicle while
the vehicle is upon the Town streets.
The copy of the permit above required shall be admissible in evidence in any cause
in which the gross registered weight of such vehicle is an issue, and shall be prima facie
evidence of the gross weight for which such vehicle is permitted. Such copy of the permit
shall be displayed to any officer authorized to enforce this Ordinance, upon request by such
officer.
The Chief of Police shall formulate rules and regulations regarding issuance of permits
including, but not limited to, the forms and procedures to be used in applying for same;
whether a particular permit shall be for one trip only, or for a period of time, and such other
matters as the Chief of Police may deem necessary to carry out the provisions of the Section.
The failure of an owner or his representative to comply with any rule or regulation of the
Chief of Police or any condition placed on his permit shall render the permit void and,
immediately upon such violation, any further movement over the Town streets of the
overweight vehicles shall be in violation of existing laws regulating the weight of vehicles
on Town streets.
The movement of such overweight vehicles is a privilege not accorded to every user of the
Town streets. Therefore, the fees for a special transportation permit should be sufficient to
cover the administrative costs incurred in the processing and issuing of the permit and the
additional wear on the Town's streets. It is also recognized that the use of such overweight
vehicles on the Town's streets may inconvenience other vehicle operators. It is, therefore,
declared to be the policy of the Town Council that in formulating such rules and regulations
and in establishing such fees, the Town Council shall consider and be guided by:
1. The Town's investment in its streets;
2. The safety and convenience of the general traveling public;
The suitability of roadways and sub -grades on the streets, variation in soil
grade and the seasonal effect on street load capacity.
D. Liabilitv. The issuance of a permit for an overweight movement shall not be a guarantee
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by the Town that the streets can safely accommodate such movement, and the owner of any
vehicle involved in any overweight movement, whether with or without permit, shall be
strictly liable for any damage such movement shall cause the streets or any of its structures
or appurtenances.
E. Motor vehicle, solid waste_ transport, weight limitations. Vehicles used exclusively to
transport solid waste (except hazardous waste), as defined in the Solid Waste Disposal Act.
§361.003, TEX. HEALTH & SAFETY CODE ANN. (Vernon 1998), may be operated upon
the Town streets with a tandem axle gross load no to exceed 44,000 pounds, a single axle
gross load not to exceed 20,000 pounds and a gross load for the vehicle not to exceed 64,000
pounds, provided that where the vehicle is to be operated with a tandem axle gross load in
excess of 34,000 pounds, the owner, except if the owner is a municipality, of such vehicle
shall first file with the State Department of Highways and Transportation a surety bond in
the principal sum not to exceed $15,0.00 for each vehicle, which sum shall be set by the State
Department of Highways and Transportation; said bond to be conditioned that the owner of
such vehicle will pay to the Town, within the limit of such bond, all damages done to the
Town streets by reason of the operation of such vehicle with a tandem axle gross load in
excess of 34,000 pounds.
F. Weight of vehicles transporting__readv-mix __con_c_rete. Vehicles used exclusively
to transport ready -mixed concrete, which is hereby defined as a perishable product, may be
operated upon the public streets of the Town with a tandem axle load not to exceed 44,000
pounds, a single axle load not to exceed 20,000 pounds and a gross load not to exceed 64,000
pounds, provided that where the vehicle is to be operated with a tandem axle load in excess
of 34,000 pounds, the owner of such vehicle shall first file with the Town a surety bond in
the principal sum as fixed by the Town, which sum shall not be set at a greater amount than
$15,000 for each vehicle, said bond to be conditioned that the owner of such vehicle will pay
to the Town of Trophy Club, within the limit of such bond, all damages done to the Town
streets by reason of the operation of such vehicle with a tandem axle load in excess of 34,000
pounds; such bond shall be subject to the approval of the Town Council.
G. Weighing loaded vehicles by police officers. Any police officer having reason to
believe that the gross weight or axle load of a loaded motor vehicle is unlawful, is authorized
to weigh the same by means of portable or stationary scales furnished or approved by the
Texas Department of Public Safety, or cause the same to be weighed by any public weigher,
and to require that such vehicle be driven to the nearest available scales for the purpose of
weighing. In the event the gross weight of such vehicle is found to exceed the maximum
gross weight authorized by law, plus a tolerance allowance of five percent (5%) of the gross
weight authorized by law, such police officer shall demand and require the operator or owner
thereof to rearrange his cargo if possible to bring such vehicle and load within the maximum
axle load authorized by law, and if this cannot be done by rearrangement of said cargo, then
such portion of the load as may be necessary to decrease the axle load to the maximum
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authorized by law plus such tolerance allowance shall be unloaded before such vehicle may
be operated further over the public roads of the Town. Provided, however, that if such load
consists of livestock, then such operator shall be permitted to proceed to destination without
being unloaded, provided the destination be within the State of Texas.
It is further provided that in the event the gross weight of the vehicle exceeds the permitted
gross weight, the police officer shall require the operator or owner thereof to apply to the
Permit Department for a permit in an amount that will cause his gross permitted weight to
be equal to the gross weight of the vehicle, provided such total permitted weight shall not
exceed the legal gross weight allowed for such vehicle, before such operator or owner may
proceed. Provided, however, that if such load consists of livestock or perishable
merchandise then such operator or owner shall be permitted to proceed with his vehicle to
the nearest practical point in the direction of his destination where his load may be protected
from damage or destruction in the event lie is required to secure an additional permit before
being allowed to proceed. It shall be conclusively presumed and deemed prima facie
evidence that where an operator or owner is apprehended and found to be carrying a greater
gross load than that for which he is permitted, he has been carrying similar loads from the
date of purchase of such permit_
It is further provided that all forms and accounting procedures necessary to carry out
the provisions of this section shall be prescribed by the Town Council.
VIII.
SAVINGS AND REPEALER CLAUSE
That this Ordinance shall be cumulative of all other ordinances of the Town affecting traffic control
and shall not repeal any of the provisions of said ordinances except in those instances where
provisions of those ordinances are in direct conflict with the provisions of this Ordinance; provided,
however, that Ordinance Nos. 94-14, 95-02, 96-03, 96-15, 96-18, 97-07, and 92-08 are hereby
repealed in their entirety, but provided that 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 the
said repealed Ordinances Nos. 94-14, 95-02, 96-03, 96-15, 96-18, 97-07, and 92-08 shall continue
to be governed by the provisions of those Ordinances and for that purpose those Ordinances shall
be deemed to remain and continue in full force and effect.
IX.
SEVERABILITY CLAUSE
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
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Ordinance despite such invalidity, which remaining portions shall remain in full force and effect.
X.
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 Two Hundred Dollars ($200.00), and a separate
offense shall be deemed committed upon each day during or on which a violation occurs or
continues.
XI.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of passage and publication as required
by law.
PASSED AND APPROVED by the Town Council of the Town or Trophy Club, Texas this the
3rd day of August _,1999.
Mayor, awn of Trophy bub, Texas
ATTEST -
[SEAL]
Town Secretary,
Town of Trophy Club, Texas
APPROVED AS TO FORM:
Z., A�f�
Town Attorney,
Town of Trophy Club, Texas
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