ORD 1989-12ORDINANCE O 89-12
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. - $q,--12
AN ORDINANCE OF THE TOWN OF TROPHY CLUB,
TEXAS, MAKING IT UNLAWFUL FOR ANY PERSON TO
LOCATE OR MAINTAIN ANY MOBILE HOME OR HUD
CODE MANUFACTURED HOME WITHIN THE CORPORATE
LIMITS OF THE TOWN OF TROPHY CLUB OTHER THAN
IN A MOBILE HOME PARK; PROVIDING DEFINITIONS;
MAKING IT UNLAWFUL TO REPLACE A MOBILE HOME,
AS DEFINED BY ARTICLE 5221F OF THE TEXAS
REVISED CIVIL STATUTES, WITH ANOTHER MOBILE
HOME; PROVIDING FOR REPLACEMENT WITH A
HUD -CODE MANUFACTURED HOME; MAKING IT
UNLAWFUL TO LOCATE OR MAINTAIN A BOAT,
TRAILER OR RECREATIONAL VEHICLE WITHIN THE
CORPORATE LIMITS OF THE TOWN OF TROPHY CLUB
WHICH IS CONNECTED TO A UTILITY SERVICE
EXCEPT THAT CONSTRUCTION TRAILERS SHALL NOT
BE SUBJECT TO SUCH PROHIBITION; MAKING IT
UNLAWFUL FOR ANY RESIDENT TO LOCATE ANY BOAT,
TRAILER OR RECREATIONAL VEHICLE WITHIN THE
CORPORATE LIMITS OF THE TOWN OF TROPHY CLUB
FOR A PERIOD OF MORE THAN TWO (2) DAYS PER
MONTH EXCEPT WHEN THE SAME IS ENCLOSED BY A
FENCE OR GARAGE AND NOT VISIBLE FROM A PUBLIC
STREET, AND UNLAWFUL FOR ANY NON-RESIDENT TO
LOCATE ANY RECREATIONAL VEHICLE WITHIN THE
CORPORATE LIMITS OF THE TOWN FOR A PERIOD OF
MORE THAN SEVEN (7) CONSECUTIVE DAYS PER
MONTH; PROVIDING A PRESUMPTION THAT THE OWNER
OF SUCH BOAT, TRAILER OR RECREATIONAL VEHICLE
LOCATED IN VIOLATION HEREOF LOCATED THE BOAT,
TRAILER OR RECREATIONAL VEHICLE; PROVIDING
FOR A PENALTY OF FINE NOT TO EXCEED THE SUM
OF FIVE HUNDRED DOLLARS ($500.00) AND EACH
DAY DURING OR ON WHICH A VIOLATION OCCURS OR
CONTINUES SHALL CONSTITUTE A SEPARATE
OFFENSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB, TEXAS:
Section 1. Definitions. For the purpose of this
Ordinance, the words and phrases defined shall be construed in
accordance with the definitions set forth hereinafter unless it
is apparent from the context that a different meaning is
intended:
a) "Boat" means any and all watercraft structure which
is designed for carrying persons or property upon a body of
water.
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b) "HUD -code manufactured home" means a structure,
constructed on or after June 15, 1976, according to the rules
of the United States Department of Housing and Urban
Development, transportable in one or more sections, which in
the traveling mode, is eight body feet or more in width or 40
body feet or more in length, or, when erected on site, is 320
or more square feet, and which is built on a permanent chassis
and designed to be used as a dwelling with or without a
permanent foundation when connected to the required utilities,
and includes the plumbing, heating, air-conditioning, and
electrical systems.
c) "Mobile Home" means a structure that was constructed
before June 15, 1976, transportable in one or more sections,
which, in the traveling mode, is eight body feet or more in
width or 40 body feet or more in length, or, when erected on
site, is 320 or more square feet, and which is built on a
permanent chassis and designed to be used as a dwelling with or
without a permanent foundation when connected to the required
utilities, and includes the plumbing, heating, air-conditioning,
and electrical systems.
d) "Recreational Vehicle" means any motor vehicle or
trailer designed and used as a travel trailer, camper, tent
trailer, camping trailer or for any similar purpose.
e) "Trailer" means a vehicle with or without motive
power designed for carrying persons or property and for being
drawn by a motor vehicle and so constructed that no part of its
weight rests upon the towing vehicle and includes, but is not
limited to, semi -trailers, pole trailers, and house trailers as
those terms are defined in article 6701d, §5 V.T.C.S., as
amended.
Section 2. It shall be unlawful for any person to
install, construct, erect, maintain, place or locate any mobile
home within the corporate limits of the Town of Trophy Club,
except that a mobile home shall be allowed in a designated
Mobile Home Park.
Section 3. It shall be unlawful for any person to
replace a mobile home, as that term as defined in article 5221f
of the Texas Revised Civil Statutes, as amended, with another
mobile home. A mobile home may be replaced with a HUD -code
manufactured home, provided a permit is secured from the Town
prior to such replacement.
Section 4. It shall be unlawful for any person to
install, construct, erect, maintain, place, locate, extend or
alter any mobile home within the Town; and it shall be unlawful
for any person to install, construct, erect, maintain, place,
locate, extend or alter any HUD -code manufactured home within
the corporate limits of the Town unless such person holds a
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valid permit issued by the Town Council in the name of such
person for the specific construction, erection, maintenance,
placement, location, extension or alteration.
a) Application. All applications for permits shall
contain the following:
1) Name and address of applicant;
2) Location and legal description of the HUD -code
manufactured home or designated Mobile Home
Park.
3) A description of the HUD -code manufactured home;
4) Such other information as the Town officials
reviewing the application may require.
Section 5. It shall be unlawful for any person to
locate or maintain any recreational vehicle, boat or trailer
which is tied into utility service within the corporate limits
of the Town of Trophy Club, except that trailers used
exclusively in conjunction with construction projects shall not
be subject to the prohibition of this section. Such
construction trailers shall be located on the construction site
and must be removed from said site no later than seven (7) days
after completion of construction.
Section 6. (a) It shall be unlawful for any person who
is a resident of the Town of Trophy Club to locate or maintain
any recreational vehicle, boat or trailer within the corporate
limits of the Town for more than two (2) days per month unless
the recreational vehicle, boat or trailer is enclosed by a
fence no greater than six (6) feet in height or a garage and is
not visible from a public street; provided, however, that a
recreational vehicle, boat or trailer shall be deemed enclosed
by such a fence when no more than eighteen (18) inches of said
recreational vehicle, boat or trailer is visible above the top
of the fence.
(b) Any bona fide guest of a resident of the Town of
Trophy Club may locate a recreational vehicle within the Town
for a period not to exceed seven (7) consecutive days.
Section 7. When any boat, recreational vehicle or
trailer is found located or parked in violation of any
provision of this Ordinance or other ordinances of the Town,
such fact shall be prima facie evidence that the person in
whose name it is registered is guilty of the said provisions of
this ordinance or other ordinances of the Town.
Section 8. Any person firm, corporation or association
violating any of the provisions of this Ordinance shall be
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deemed guilty of a misdemeanor and, upon conviction in the
municipal court of the Town shall be subject to a fine not to
exceed the sum of five hundred dollars ($500.00) for each
offense, and each and every day that the premises shall remain
in a condition in violation of the terms of this Ordinance
shall constitute a continuing and separate offense, subject to
application of the full penalty contained herein.
Section 9. This ordinance shall be cumulative of all
other Ordinances of the Town affecting boats, motor vehicles
and trailers 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 the Ordinances No. 85-24,
86-23 and 87-24 are hereby repealed, such repeal to take effect
as of the effective date of this ordinance; provided, however,
that Ordinance Nos. 85-24, 86-23 and 87-24 are not repealed but
shall remain in effect as to any complaint, action, claim or
lawsuit pending on the date of adoption of this ordinance,
which complaint, action, claim or lawsuit shall continue to be
governed by the said Ordinance Nos. 85-24, 86-23 and 87-24.
Section 10. if any section, article, paragraph,
sentence, clause, phrase or word in this ordinance, or
application thereto any person or circumstances 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 11. That this Ordinance shall become effective
from and after the date of its passage and publication as
provided by law.
PASSED AND APPROVED by the Town Council of the Town of
Trophy Club, Texas this the 18 day of July , 1989.
t
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ATTEST
Tdwn cretary
Town of Trophy Club, Texas
ESEAL I
APPROVE TO JOR,M:
Town Attorney
Town of Trophy Club, Texas
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or, Town of Trbphy Club, Texas