ORD 2011-14TOWN OF TROPHY CLUB
ORDINANCE NO. 2011-14
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING THE CODE OF ORDINANCES OF THE TOWN OF TROPHY
CLUB BY ADDING ARTICLE XV, ENTITLED "SPECIAL EVENTS" TO
CHAPTER 10 ENTITLED "PUBLIC SAFETY", REGULATING SPECIAL
EVENTS HELD WITHIN THE TOWN AND REQUIRING A SPECIAL
EVENT PERMIT AND AMENDING ARTICLE IV ENTITLED "SIGN
REGULATIONS" OF CHAPTER 5 ENTITLED "GENERAL LAND USE"
OF THE CODE OF ORDINANCES OF THE TOWN BY REPEALING
EXISTING SUBSECTION "E" ENTITLED "SPECIAL PURPOSE SIGNS"
OF SECTION 4.05 ENTITLED "TEMPORARY SIGNS" AND ADOPTING
A NEW SECTION 4.05, SUBSECTION (E) "SPECIAL PURPOSE
SIGNS" TO ADOPT PROVISIONS REGULATING SPECIAL EVENT
SIGNAGE; PROVIDING FOR THE INCORPORATION OF PREMISES;
PROVIDING FOR AMENDMENTS TO ADD ARTICLE XV TO CHAPTER
10 AND TO AMEND ARTICLE IV OF CHAPTER 5 AS SET FORTH IN
THE ORDINANCE; PROVIDING A CUMULATIVE REPEALER CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING SEVERABILITY;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING
THAT ANY PERSON WHO VIOLATES CHAPTER 10, ARTICLE XV OR
CHAPTER 5, ARTICLE IV, SHALL BE GUILTY OF A CLASS C
MISDEMEANOR PUNISHABLE BY A PENALTY NOT TO EXCEED FIVE
HUNDRED DOLLARS ($500.00) AND THAT EACH DAY THE
VIOLATION IS ALLOWED TO EXIST OR CONTINUES TO EXIST
SHALL BE A SEPARATE OFFENSE FOR EACH VIOLATION;
PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Town of Trophy Club is a Home Rule MuniCipality acting under its
Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution;
and
WHEREAS, the Town serves as a prime location for many types of community
activities and events; and
WHEREAS, the Town has determined it necessary and appropriate for the
protection of the general health, safety, and welfare of the public to adopt provisions
regulating the manner in which Special Events are conducted and requiring compliance
with minimum standards to ensure the safety of the attendees and the citizens of
Trophy Club; and
WHEREAS, the regulations adopted in this amendment to Chapter 10, "Public
Safety" of the Code of Ordinances establish a permit process whereby Town
departments, including the Police Department and Fire Department, evaluate proposed
special event requests and assess those events to determine necessary Town
resources; and
WHEREAS, the provisions in Chapter 5 "General Land Use", Article IV "Sign
Regulations", Section 4.05 (E) relating to signage for special events are impacted by the
adoption of Article XV of Chapter 10 "Public Safety", it is necessary to repeal the
existing Section 4.05(E) related to Special Purpose Signs and to adopt new provisions
regulating signs used for Special Events; and
WHEREAS, by the adoption of this Ordinance, the Town can properly regulate
special events and require those parties holding such events to pay for the costs of
public services expended; and
WHEREAS, the Town Council of the Town of Trophy Club, Texas, has
determined that the following regulation is necessary in order to protect 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
The above and foregoing premises having been found by the Town Council to be
true and correct are incorporated herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENTS
2.01 Article XV entitled "Special Events" of Chapter 10 entitled "Public Safety" of the
Code of Ordinances of the Town of Trophy Club is hereby adopted and shall be and
read in its entirety as follows:
Section 15.01. Definitions
When used in this Article, the following words and phrases shall be defined
as follows:
A. Applicant: A Person requesting a Special Event Permit seeking to hold
the Special Event and to whom the Special Event Permit is issued.
B. Block Party: The use of a street for a residential neighborhood function
or event where traffic control is required or which involves the temporary
barricading of one or more streets.
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C. Carnival: An event that includes amusement activities, rides, merry-go-
rounds, booths for the conduct of games of skill, food dispensary
facilities, and side-shows and/or a combination thereof.
D. Circus: An event that includes performers, animals or other such
means of entertainment and is performed in the open, in a tent, or in any
other temporary structure, but does not include performances held inside
a permanent building or on government-owned property.
E. Concession: A facility at a Special Event where food, drink or other
merchandise is offered to the public.
F. Non-Profit Organization: An organization or entity that is exempt from
the payment of tax pursuant to Section 501 (c) (3) of the Internal
Revenue Code.
G. Off-Site Parking: Parking immediately adjacent to the site of the Event
or at a location outside of the boundaries of the area approved by the
Town for the location of the Special Event.
H. On-Site Parking: Parking within the boundaries of the area approved
by the Town for the location of the Special Event.
I. Parade: The assembly of persons whose gathering is the common
design and purpose of traveling or marching in procession from one
location to another location on a public thoroughfare or right-of-way for
the purpose of advertising, fund raising, promoting, celebrating, or
commemorating a thing, person, date, or event or point of view on
political, religious or social issues.
J. Permit Holder: The Person to whom a Special Events Permit is issued.
K. Person: An individual(s), corporation, a govemmental entity, a nonprofit
organization, a sole proprietorship, a partnership, a wholesaler, a
retailer, an association, or any other legal entity.
L. Reimbursable Costs: All costs and expenses incurred by the Town for
activities associated with staging and conducting of an Event, as
specifically set forth in this Article.
M. Sidewalk: That portion of a street intended for the primary use of
pedestrians that is located between the curb lines, or lateral lines of a
roadway, and the adjacent property lines.
N. Special Event or Event: A planned temporary aggregation of people or
attractions for a common purpose, including, but not limited to, street
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fairs, arts and crafts shows, rallies, public entertainments, fun runs,
walks, relays, marathons, block parties, parades, or other similar events
or attractions, that:
1. Are conducted primarily outdoors; and
2. Interfere with the normal flow or regulation of pedestrian or vehicular
traffic; or
3. Require special govemment services, including, but not limited to,
street closure, provision of barricades, refuse services, stages,
special parking arrangements, special electrical services or special
police services or protection.
o. Special Events Coordinator: The person designated by the Town
Manager who shall serve as the point of contact for Applicants and
Permit Holders and who shall serve as chair the Special Event Review
Committee.
P. Special Event Permit or Permit: Written authorization from the Town
authorizing a Permit Holder to conduct a Special Event.
Q. Special Event Review Committee: A committee consisting of Town
Staff from the Police Department, Fire Department, Community
Development, Code Enforcement, Parks & Recreation, Streets, and
such additional departments as determined necessary by the Town
Manager.
R. Street: The entire width of the publicly or privately owned right-of-way,
when any part thereof is open to the use of the public for purposes of
vehicular traffic.
S. Town Manager: The Town Manager of the Town of Trophy Club or his
designee.
Section 15.02. Permit Required I Exemptions
A. Permit Required. Unless expressly exempted from the requirements of
this Article, a Person shall obtain a Special Event Permit prior to
commencing, holding or conducting a Special Event within the Town. A
Person commits an offense if he commences, holds, or conducts a
Special Event or causes or allows the commencement, holding or
conducting of a Special Event without a valid Special Event Permit in
place for the Special Event.
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B. Events Exempt from Permit. The following Special Events shall be
exempt from the Permit requirement of this Article:
1. A Town or MUD1 sponsored event;
2. Events sponsored by the Armed Forces of the United State of
America, the military forces of the State, and the forces of the police
and fire departments acting within the scope of their duties; 3. A
Funeral procession; and
4. Where it is determined by the Town Manager that the organization
conducting the Event can demonstrate all of the following, the
organization shall be exempt from the Permit requirement of this
Article:
a. That the Event shall be conducted solely on private property;
b. That the event has adequate traffic control so as not to impede use
of the public streets;
c. That the Event has provided for adequate emergency vehicle
access; and,
d. That the Event has provided a minimum plan for crowd control
during the Event.
C. Council Approval Prerequisite. Applicants for Permits shall first
receive the approval of the Planning and Zoning Commission and
Council as a condition precedent to the filing of an application for a
Special Event Permit for any of the following types of Event:
1. Camivals
2. Circuses
3. Community Festivals (not including the community garage sale or a
Town sponsored festival)
4. Community Garage Sales
Section 15.03. Application Procedure
A. Application. An Applicant seeking to conduct a Special Event within the
Town shall submit an application meeting the requirements of this Article
and shall pay all fees and costs required under this Article. Permit
applications shall be submitted to the Town's Permit Department, and at
minimum, applications shall provide the following information:
1. Name, address, and contact information for the Applicant. If the
Special Event is to be conducted for, on behalf of, or by any person
or organization other than the Applicant, then the name, address and
contact information for that person or organization;
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2. Oate(s) and hours for which the Permit is requested;
3. Type of proposed use or activity;
4. Type and location of proposed signage;
5. Number of participants and anticipated number of attendees;
6. Proposed location of the Special Event, including any and all public
areas for which use is requested;
7. Number, type and proposed locations of Concession booths or
structures that will be used for the sale of goods or services;
8. Number and location of parking spaces or where parking spaces are
not available, area designated to accommodate parking for the
Event, including an On-Site parking plan showing available parking
that meets the requirements of this Article, and where required by
this Article, an Off-Site parking plan;
9. Site map showing the location and size of tents, staging, and all other
temporary structures, location of fire lanes, and ingress and egress
points,
10. Location and number of sanitary facilities;
11 . N umber and location of loudspeakers and/or other sound
amplification devices that will be used for the Event and planned
hours of usage;
12. Need for water service, disposal of wastewater, and collection and
disposal of solid waste, including the plan for each;
13. List of all other governmental and regulatory approvals needed for
the Special Event; and
14.AII other information as required on the Town's Permit application.
B. Proof of Compliance with all Governmental Regulations. As a
condition precedent to the issuance of a Special Event Permit, an
Applicant shall submit written documentation that all permits and
approvals required by other governmental agencies have been obtained.
C. Deadline for Submission. Applications for a Special Event Permit shall
be filed not less than thirty (30) days before the commencement date of
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the proposed Special Event. Applications received less than thirty (30)
days prior to the proposed commencement date of the Special Events
may be considered where the Special Events Coordinator determines
that the Town has sufficient advance notification to obtain and to provide
the resources and services necessary to support the Event. Decisions
of the Special Events Coordinator under this Section may be appealed to
the Town Manager in accordance with Section 15.11 of this Article.
Section 15.04. Special Events Coordinator
The Special Events Coordinator shall be the authority responsible for
administration and enforcement of this Article. The Special Events
Coordinator shall:
1. Review all Permit applications submitted and impose requirements
as necessary for public health, safety, and welfare based upon the
scope and nature of a proposed Event and the responses provided in
the Town's Permit application. Requirements of the Special Events
Coordinator shall be conditions precedent to the issuance of a
Permit;
2. Convene meetings of the Special Event Review Committee and
serve as Chair of the Committee;
3. Have the authority to issue, deny, revoke, and/or suspend a Permit;
4. Have the authority to require a Permit Holder to add additional
resources or take additional actions during or after an Event when
determined necessary for public safety and welfare; and
5. Take actions necessary for the enforcement of this Article, including
without limitation, causing the issuance of citations for violations of
this Article.
As expressly authorized in this Article, decisions of the Special Events
Coordinator are subject to appeal pursuant to Section 15.11 of this Article.
Section 15.05. Permit Fees and Costs
A. Permit Fee. A Permit fee of Fifty Dollars ($50.00) shall be paid in order
to cover the costs of Permit Review and the administration of the Permit.
The amount of Permit fee specified herein shall control unless such fee
is expressly modified by an amendment to the Town's Schedule of Fees
codified in Chapter 1 of the Code of Ordinances of the Town.
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B. Reimbursable Costs. In addition to the Permit fee required in Section
A, all Reimbursable Costs, including without limitation the following, shall
be paid as specifically set forth in this Section:
1. Utilities services provided to the Special Event, including all of the
costs of installation, maintenance, and connection.
2. Barricades and cones.
3. Special Event parking.
4. Food services inspection.
5. Repair, maintenance and removal of facilities in the event of a failure
of applicant/promoter.
6. Repair of streets, alleys, sidewalks, parks and other public property.
7. Police protection.
8. Fire protection.
9. Emergency medical service.
10. Garbage disposal and cleanup.
11. Traffic contro/.
12. Equipment including, but not limited to, bleachers, sound equipment,
tents, tables, and chairs;
13. Other direct and indirect costs associated with the Special Event
C. Payment of Reimbursable Costs. In addition to applicable Permit
fees, the Permit Holder shall be required to pay all Reimbursable Costs
associated with the Special Event. The Special Event Coordinator shall
provide an estimate of such Reimbursable Costs at least ten (10) days
prior to the Event. As security for payment of the identified
Reimbursable Costs, the Permit Holder shall post cash deposit in the full
amount of the Reimbursable Cost estimates. Within seven (7) days
following the Event, the Special Event Coordinator shall provide the
Permit Holder with written notice of the total amount of the Reimbursable
Costs actually incurred as a result of the Event. If the amount of the
actual Reimbursable Costs is less than the amount of the written
estimate, then the Town shall issue a refund within seven (7) days after
the Event. If the actual Reimbursable Costs are greater than the written
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estimate of Reimbursable Costs, the Permit Holder shall pay the balance
in full on or before the date specified in the written notice from the Town.
If a Permit Holder fails to pay the full amount of all Reimbursable Costs,
future Permits may be denied by Town or the Town may require two
times the amount of the estimated Reimbursable Costs on any and all
future Permit applications. Decisions of the Special Events Coordinator
under this Section may be appealed to the Town Manager in accordance
with Section 15.11 of this Article.
Section 15.06. Indemnification, Insurance, and Bonding.
A. Indemnification. When a Special Event is partially or fully contained on
property owned, leased, or controlled by the Town, Applicants shall sign
an agreement to indemnify and hold harmless the Town, its officers,
employees, agents, and representatives against all claims of liability and
causes of action resulting from injury or damage to persons or property
arising out of the Special Event. Further, such Applicant shall provide
insurance and bonding as specifically set forth in this Section.
B. Insurance and Bonding Required. When a Special Event is partially
or fully contained on the Town rights-of-way or on property owned,
leased, or controlled by the Town, the Applicant for a Special Event
Permit shall furnish the Town with a certificate of insurance and a surety
bond complying with standards established by the Town. The amount of
the surety bond and the amount of insurance required may be increased
or reduced based upon the type of Special Event, equipment,
machinery, location, number of people or animals involved and other
pertinent factors or risks associated with the Special Event. An
application shall be denied if a valid certificate of insurance and/or a
valid surety bond meeting Town specifications and approved by the
Town is not provided.
c. Refund/Cost Overage. The surety bond shall be returned to the Permit
Holder within ten (10) days after his Special Event Permit expires, upon
certification by the Town Manager that all conditions of this Article have
been met and the Town has been compensated for all costs associated
with or incurred as a result of the Event. Should actual costs be less
than the amount of the surety bond posted by the Permit Holder, the
remainder shall be refunded to the Permit Holder by the Town. In the
event that actual costs exceed this amount, the Permit Holder shall pay
such additional sum to the Town within ten (10) days from the date of
written notice by Town. If all amounts due are not timely paid, no future
permits shall be issued to the same Permit Holder for a period not to
exceed two (2) years. Nothing herein shall preclude the Town from
enforcing any legal or equitable remedy against the Permit Holder in
addition to the bond.
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D. Appeal. Decisions of the Special Events Coordinator under this Section
may be appealed to the Town Manager in accordance with Section
15.11 of this Article.
Section 15.07. Number of Events, Hours of Operation, and Duration of
Event
A Special Event may be conducted only between the hours of 7:00 a.m. and
10:00 p.m. daily for a maximum of three (3) consecutive days. Only six (6)
Special Event Permits per year may be issued to a Person or for a specific
location within the Town. Appeals of time limit restrictions shall be made
directly to the Town Council pursuant to Section 15.11 of this Article. In
determining if the issuance of a Permit will exceed the maximum number of
Permits allowed per Person or per location, the Town may include in that
count Permits issued for Events that have been held or sponsored by a
Person, associated with or affiliated with or related to a previous Permit
Applicant.
Section 15.08. Event Parking Requirements
A. On-Site Parking. An Applicant shall submit evidence that sufficient on-
site parking will be available to accommodate the projected number of
users plus ten-percent (10%). If parking is to be on private property
adjacent to the Special Event, written evidence that the Applicant has a
right of possession of the property through ownership, lease, license, or
other property interest shall be provided. When the location is not an
established parking area, a plan shall be submitted which shall show
how required parking will be achieved and arranged. The number of
parking spaces and layout of the parking area, including aisle widths,
size of parking spaces and number of parking attendants provided shall
be included in the submittal.
B. Off-Site Parking. When adequate On-Site Parking is not available, a
proposed plan for Off-Site Parking shall be provided by the Applicant for
approval by Town. Such plan shall show how Off-Site Parking and
transfer of attendees is proposed to be accomplished.
C. Fire Lanes. Fire lanes for emergency equipment shall be provided (if
not already existing at the site of the Event), and under the direction of
the Fire Chief, the site shall be prepared in a manner so as not to create
a fire hazard.
D. Parking -Authoritv of Town. Notwithstanding the existence of a
Special Event Permit, the Town shall have the authority when
reasonably necessary for the health, safety, and welfare of the public to
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prohibit or restrict Off-Site Parking. It shall be unlawful for any person to
park or leave unattended any vehicle in a location where a sign is placed
restricting or prohibiting the parking of a vehicle.
Section 15.09. Miscellaneous
A. Notice to Property Owners. The Town Manager shall have authority to
require that an Applicant or Permit Holder send notice of a Special Event
to property owners identified by the Town Manager when, in his
judgment, the Special Event is of a scope and nature that will impact
those owners.
B. Amusement Rides. Rides and/or attractions associated with Special
Event shall conform to the statutory rules and regulations set forth in
chapter 2151 of the Texas Occupations Code, designated the
"Amusement Ride Safety Inspection and Insurance Act," as amended.
C. Tents and Temporary Structures. Any Special Event which includes
the use of a stage, seating, tent, canopy, or other temporary structure
shall meet the requirements of the Town's fire code and building code
except that a separate permit is not required when a Special Event
permit has been obtained.
D. Food and Beverage Service. Where food or beverage is provided or
sold, such operation shall be in compliance with all provisions of the food
and food establishment ordinances of the Town, as well as all other
applicable state and local laws.
E. Animal Waste. Waste from animals used in a Special Event shall be
removed daily from the grounds. Should animals be kept within the Town
limits past 10:00 p.m., they shall be kept not less than five hundred (500)
feet from the property line of all developed residential property and not
less than three hundred (300) feet from the property line of developed
commercial property.
F. Water Service. Any Special Event or related activity desiring use of
water from the Municipal Utility District 1 (MUD 1) water system must
coordinate with the utilities department to obtain a temporary meter..
G. Solid Waste Collection and Disposal. The Applicant shall make
appropriate arrangements for the collection of all waste resulting from
such Special Event, and commercial solid waste dumpsters must be
provided on site at all outdoor Special Events. The Applicant shall make
arrangements for the provision of such dumpsters with a commercial
solid waste disposal company currently having a franchise agreement
with the Town.
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H. Loudspeakers. When the use of loudspeakers or other sound
amplification device is approved in conjunction with the Special Event,
the decibel sound level from the loudspeaker shall not exceed 80
decibels at the property line of the Event site for stationary Events and
may only be used between the hours of 9:00 a.m. and 6:00 p.m., unless
otherwise approved by the Town Council. The Town's Noise Ordinance
shall control all other noises generated by or attributable to the Event.
I. Signage. Signage used in accordance with the Special Event shall
comply with the sign regulations of the Town under the provisions of the
Sign Ordinance codified in Chapter 5-General Land Use, Article IV-Sign
Regulations, Section 4.05 Temporary Signs, Subsection E. Special
Purpose Signs. Signs advertising the Special Event or directing
potential customers to the Special Event site are expressly prohibited in
the medians of a public or private roadway.
J. Sanitary Facilities. Unless indoor facilities are provided by the
Applicant, Town may require a Permit Holder to provide portable-type
sanitary facilities for the Event in the number and at the location(s)
determined necessary and appropriate by Town given the nature and
scope of the Event and the estimated number of participants and
attendees.
Section 15.10. Denial or Revocation
A. Permit Denial. The Special Events Coordinator may deny a Special
Event Permit if:
1. The Special Event will conflict in time and/or location with another
Special Event, parade or assembly for which a Permit has already
been granted or for which a Permit application has already been filed
and is under review;
2. The Applicant fails to comply with or the Special Event will violate an
ordinance of the Town or any other applicable law;
3. The Applicant makes, causes, allows or permits the making of a false
or misleading statement or omission of material fact on an application
for a Special Event Permit;
4. The Applicant has been convicted of violating this Article, has had a
Special Event Permit revoked within the twelve (12) month period
preceding the date of the proposed Special Event, or has failed to
pay any Reimbursable Costs or other costs or fees assessed by the
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Town for a previous Special Event within the two (2) year period
preceding the date of the proposed Special Event;
5. The Applicant fails to provide proof of a license or permit required by
this Article, by another Town ordinance or by state law;
6. The Special Event, in the opinion of one (1) or more Town
departmental directors, would unduly hinder or compromise the
delivery or performance of normal services, including previously
scheduled construction or maintenance services, or of emergency
services, or constitutes a public threat, hazard, or nuisance;
7. The Applicant is unable or unwilling to provide any insurance or bond
required under this Article;
8. The Applicant is unable or unwilling to pay any additional costs as
may be required by the Town Manager;
9. The Applicant fails to submit a complete application or fails to provide
any additional information requested by the Special Events
Coordinator; or
10. The Special Events Coordinator determines that the proposed date
or time for the Special Event or the location of the Special Event or
parking for such Special Event would unduly interfere with or disrupt
the educational activities of a school when such school is in session.
B. Notice of Denial. If the Special Events Coordinator denies a Permit,
the Town shall notify the Applicant in writing of the denial or appealable
determination within five (5) days of such determination, and such notice
shall state the reason(s) for the denial of the application.
c. Permit Revocation. A Special Event Permit shall be revoked by the
Special Events Coordinator upon the occurrence of one or more of the
following conditions:
1. In the event that the Police Chief, Fire Chief, MUD 1 Manager, other
Town officials or their designated representatives find that any of the
provisions of this Article, of any Town ordinance, or of state law is
being violated, such person shall immediately notify the Special
Events Coordinator. The Special Event Permit issued hereunder
shall be revoked if the Permit Holder fails to take immediate
corrective action upon notification by the Special Events Coordinator;
or
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2. Notwithstanding the foregoing, when in the judgment of the above-
named officials, a violation exists which requires immediate
abatement, the Special Events Coordinator shall have the authority to
immediately revoke a Special Event Permit; or
3. The Permit Holder provided false or misleading information on a
Permit application, and a Permit was issued based upon that false or
misleading information.
D. Notice of Permit Revocation -Prior to Commencement of Event.
When revocation occurs prior to the commencement of an Event, notice
of Permit revocation pursuant to Section C of this Section shall be made
in writing immediately upon determination that revocation is proper.
Appeals shall be allowed in accordance with Section 15.11 below.
E. Notice of Permit Revocation -During Event. When revocation of a
Permit occurs at any time after the commencement of, or during, an
Event, notice of Permit revocation pursuant to Section C of this Section
shall be made verbally to the Permit Holder, and within five (5) days after
the date of revocation, written notice shall be provided to the Permit
Holder. Appeals shall be allowed in accordance with Section 15.11 of
this Article.
Section 15.11. Appeals
A. Appeal Process. As expressly allowed in this Article, the Applicant or
Permit Holder may appeal. All appeals shall be conducted in
accordance with the following procedures:
1. If the Special Events Coordinator denies an application or makes a
determination under this Article for which appeal is authorized, the
Town shall notify the Applicant, or Permit Holder, where applicable, in
writing of the denial or appealable determination within five (5) days
of such determination. Such Town notice shall state the reason(s) for
the denial of the application or the appealable determination. Any
Person aggrieved shall have the right to appeal to the Town
Manager.
2. If the Special Events Coordinator revokes a Permit, the Town shall
notify the Permit Holder as set forth in Section (1) above, and if the
Permit Holder elects to appeal that determination, he shall file written
notice of appeal to the Town Manager.
3. An appeal to the Town Manager shall be filed in writing and shall be
filed with the Town Secretary within five (5) calendar days after
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receipt of the Town's notice of denial, revocation, or other appealable
decision. The Town Manager shall have five (5) business days after
receipt of the written notice of Appeal to make a written determination
to uphold, modify, or overturn the decision of the Special Events
Coordinator. Decisions of the Town Manager shall be final.
B. Appeal to Town Council Expressly Authorized. Where an appeal to
Town Council is expressly authorized by this Article, such appeal shall
be made in writing within five (5) days of written notice to Applicant of
such appealable determination. The Town Council shall hear the appeal
at its next regularly scheduled Council meeting following the date of
receipt of the written appeal and for which State law posting and notice
requirements can be met by Town. The decision of the Town Council
shall be final.
2.02 Article IV entitled "Sign Regulations" of Chapter 5 entitled "General Land Use" of
the Code of Ordinances of the Town of Trophy Club is hereby amended so that Section
4.05 entitled "Temporary Signs", Subsection E entitled "Special Purpose Signs" of
Article IV is repealed in its entirety and a new Section 4.05 (E) entitled "Special Purpose
Signs" is hereby adopted and shall be and read in its entirety as follows:
E. Special Purpose Signs
Special Purpose Signs complying with the provisions of this Section
shall be allowed in conjunction with Special Events provided that a
Special Event Permit issued pursuant to Article XV of Chapter 10 of
the Code of Ordinance has been obtained for the Event. Special
Purpose Signs may be posted for Events that are expressly exempt
from the Requirements of Article XV of Chapter 10 provided however
that all such signs shall comply with the requirements of this Section
and other applicable provisions of the Sign Ordinance.
1. Number, Size and Placement
a. Banner Signs. One (1) Banner, not to exceed fifty (50)
square feet, shall be allowed on the Special Event site.
Placement of the Banner shall be subject to the
requirements of the Special Event Permit or the approval of
the Community Development Director when a Special
Event Permit is not required. A Banner shall not be strung
between trees, but shall be securely attached to a building,
or securely strung between two temporary poles.
b. Informational and Directional Signs. Informational and/or
Directional Signs advertising the Special Event shall be
placed no closer than three (3) feet from the edge of a
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street, curb or the edge of pavement in a public street right-
of-way. In the event that the Town determines that any
such sign impedes visibility at intersections, fails to comply
with the Special Events Ordinance or Special Event Permit,
or that the placement of signage is a nuisance (for instance,
obstructing a sprinkler head), Town may remove the sign
without obligation to return the sign to the owner. No sign
shall exceed four (4) square feet. The total number of signs
shall not exceed the number specified on the Special Event
Permit. Spacing between each sign shall be a minimum of
four hundred feet (400') and shall only be allowed along the
following streets: Trophy Club Drive, Indian Creek Drive,
Trophy Wood Drive, Village Trail, Durango Drive and
Bobcat Boulevard. Informational and directional signs shall
not be allowed on any other streets in Trophy Club. Signs
shall not be erected in the center median of any divided
roadway.
2. Duration
Special Purpose Signs authorized by this Section in accordance
with a valid Special Event Permit shall be allowed up to fourteen
(14) days prior to the date of the Event. All signage shall be
removed within twenty-four (24) hours following the conclusion of
the Event.
SECTION 3.
CUMULATIVE REPEALER
This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of
the provisions of such Ordinances except for those instances where there are direct conflicts
with the provisions of this Ordinance. Ordinances or parts thereof in force at the time this
Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to
the extent that they are inconsistent with this Ordinance. Provided however, that any complaint,
action, claim or lawsuit which has been initiated or has arisen under or pursuant to such
Ordinance on the date of adoption of this Ordinance shall continue to be governed by the
provisions of that Ordinance and for that purpose the Ordinance shall remain in full force and
effect.
SECTION 4.
SAVINGS
That all rights and remedies of the Town of Trophy Club are expressly saved as
to any and all violations of the provisions of any Ordinances that have accrued at the
time of the effective date of this Ordinance; and, as to such accrued violations and all
pending litigation, both civil and criminal, whether pending in court or not, under such
ORD 2011-14 Page 16 of 18
Ordinances, same shall not be affected by this Ordinance but may be prosecuted until
final disposition by the courts.
SECTION 5.
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 this
Ordinance, and the Town Council hereby declares it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
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. The penalty provided herein shall be
cumulative of all other remedies available for enforcement of the provisions of this
Ordinance.
SECTION 7.
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.
SECTION 8.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance in the Ordinance records of the Town and to properly record
this Ordinance in accordance with the Town Charter
SECTION 9.
EFFECTIVE DATE
That this Ordinance shall be in full force and effect from and after its date of
passage, in accordance with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town ofTrophy Club, Texas this
4th day of April, 2011.
ORO 2011-14 Page 17 of 18
ATIEST:
APPROVED TO AS FORM:
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
ORD 2011-14
(tonnie White, Mayor
Town of Trophy Club, Texas
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