ORD 2019-07 Garage Sales - Special Events TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2019-07 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
REMOVING SUBSECTIONS 14.02.251(A)(1), 14.02.251(A)(10), AND
14.02.251(D) OF DIVISION 5 "SUPPLEMENTARY DISTRICT
REGULATIONS" OF ARTICLE 14.02 "ZONING ORDINANCE" OF
CHAPTER 14 "ZONING" OF THE TOWN OF TROPHY CLUB CODE OF
ORDINANCES TO TRANSFER APPROVAL AUTHORITY OF
COMMUNITY GARAGE SALES FROM THE PLANNING AND ZONING
COMMISSION AND TOWN COUNCIL TO THE SPECIAL EVENTS
COMMITTEE; PROVIDING FOR INCORPORATION OF PREMISES;
PROVIDING FOR AMENDMENTS; PROVIDING FOR SAVINGS AND
REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR A
PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2,000.00) 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 desires to coordinate all special events in the same
manner for the benefit of residents, applicants, Town staff, and Town elected and
appointed officials; and
WHEREAS, all legal requirements and conditions were complied with, and after
public notices were given in compliance with State law and public hearings were
conducted, and after considering the information submitted at those public hearings and
all other relevant information and materials, and after due deliberations and
consideration of the recommendation of the Planning and Zoning Commission, the
Town Council has concluded that the adoption of this Ordinance transferring approval
authority of community garage sales from the Planning and Zoning Commission and
Town Council to the Special Events Committee is in the best interests of the Town of
Trophy Club, Texas and of the public 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.
AMENDMENTS
2.01 Subsection (a)(1) and Subsection (a)(10) of Section 14.02.251 entitled
"Temporary uses" of Division 5 entitled "Supplementary District Regulations" of Article
14.02 entitled "Zoning Ordinance" of Chapter 14 entitled "Zoning" of the Town of Trophy
Club Code of Ordinances are hereby removed in order to transfer approval authority of
community garage sales from the Planning and Zoning Commission and Town Council
to the Special Events Committee, and the remaining subsections shall remain and be
renumbered accordingly:
"(1) Community garage sales, by special privilege, see subsection (d) of
this section."
"(10) Any other temporary use not listed herein. Said unlisted use shall be
considered by the Town Council upon the recommendation of the
Planning and Zoning Commission."
2.02 Subsection (d) entitled "Community garage sale by special privilege" of Section
14.02.251 entitled "Temporary uses" of Division 5 entitled "Supplementary District
Regulations" of Article 14.02 entitled "Zoning Ordinance" of Chapter 14 entitled "Zoning"
of the Town of Trophy Club Code of Ordinances is hereby removed in order to transfer
approval authority of community garage sales from the Planning and Zoning
Commission and Town Council to the Special Events Committee, and the remaining
subsection shall remain and be renumbered accordingly:
"(d) Community garage sale by special privilege. Upon approval by the
Town Council, after recommendation by the Planning and Zoning
Commission, a community garage sale shall be permitted by special
privilege to civic organizations or nonprofit organizations. Such events
shall not occur more than twice annually; and each event shall be one day
in duration. Approval of said special privilege shall be a condition to prior
approval of operations of the event and the proposed locations of the
garage sale sites by the town department of public safety."
ORD 2019-07 P&Z Page 2 of 4
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town
affecting fees 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
The sections, paragraphs, sentences, phrases, clauses and words of this
Ordinance are severable, and if any section, paragraph, sentence, phrase, clause 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 that it would have passed such remaining portions of this Ordinance
despite such invalidity, which remaining portions shall remain in full force and effect.
SECTION 5.
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 hereof shall be fined, upon
conviction, in an amount not less than One Dollar ($1.00) nor more than Two Thousand
Dollars ($2,000.00), and a separate offense shall be deemed committed each day
during or on which a violation occurs or continues. The penalty provided by this section
shall be cumulative of all other penalties allowed by law, including without limitation, civil
remedies available for enforcement of this Ordinance.
SECTION 6.
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 Government Code.
ORD 2019-07 P&Z Page 3 of 4
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 adoption and
publication as provided by law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 26th day of March 2019.
( /
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
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._ olly Fim•res, Town Secretary 1-'
Town of rophy Club, Texas * / �h
A R I OAS FORM:
J. Davi'Dodd II, Town Attorney
Town of Trophy Club, Texas
ORD 2019-07 P&Z Page 4 of 4