ORD 2008-33TOWN OF TROPHY CLUB, TEXAS
TOWN ORDINANCE NO. 2008-33
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING CHAPTER 10 OF THE CODE OF ORDINANCES,
ENTITLED "PUBLIC SAFETY", BY REPEALING SECTION 4.05,
ENTITLED "APPROVED TIMES FOR SOLICITATION' OF
ARTICLE IV, ENTITLED "PEDDLERS AND SOLICITORS" AND
ADOPTING A NEW SECTION 4.05 REGULATING APPROVED
TIMES FOR SOLICITATION; PROVIDING FOR
INCORPORATION OF PREMISES; PROVIDING FOR
AMENDMENT; PROVIDING A SAVINGS AND REPEALER
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; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 10 of Article IV of the Code of Ordinances of the
Town was amended on August 18, 2008; and
WHEREAS, subsequent to that amendment, the Town Council
determined it necessary to further amend Section 4.05 of Article IV, Chapter 10,
by expanding the times for solicitation; and
WHEREAS, the Town Council hereby finds that repealing the current
Section 4.05 of Article IV, of Chapter 10, of the Code of Ordinances and adopting
a new Section 4.05 entitled "Approved Times for Solicitation" as further specified
herein, serves the best interests of the Town and the 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.
AMENDMENT
2.01 Section 4.05 entitled "Approved Times for Solicitation" of Article IV entitled
"Peddlers and Solicitors" of Chapter 10, entitled "Public Safety" of the Code of
Ordinances of the Town is hereby repealed in its entirety and the following new
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Section 4.05 entitled "Approved Times for Solicitation" of Article IV entitled
"Peddlers and Solicitors" of Chapter 10 entitled "Public Safety" is hereby adopted
to be and read as follows:
1. It shall be unlawful for any Person to conduct Commercial Solicitations
before the hour of 9:00 AM and after the hour of 5:00 PM on any day of
the week. Except as otherwise expressly provided herein, Charitable
Solicitations and Religious Solicitations shall not be conducted before
the hour of 9:00 AM and after the hour of 7:00 PM on any day of the
week.
2. There shall be no Solicitation on Sunday, New Years Eve, New Years
Day, Memorial Day (observed), Fourth of July, Labor Day (observed),
Thanksgiving Day, the day after Thanksgiving, Christmas Eve, or
Christmas Day.
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the
Town affecting the solicitations 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
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 the 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.
ENGROSSMENT AND ENROLLMENT
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The Town Secretary of the Town of Trophy Club is hereby directed to
engross and enroll this Ordinance in accordance with the Town Charter and by
filing this Ordinance in the Ordinance records of the Town.
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), and a separate offense shall be
deemed committed upon each day during or on which a violation occurs or
continues.
SECTION 7.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage and
publication in accordance with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy
Club, Texas, this the 20th day of October, 2008.
Mayor, Nick Sanders
Town of Trophy Club, Texas
ATTEST:
O
own Secretary, Lisa Hennek
Town of Trophy Club, Texas
iQF 11 R Op
[SEAL]
m
own Attorney, Patricia Adams ��qRY A,,9h
Town of Trophy Club, Texas
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