ORD 2011-39TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2011-39
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING ARTICLE 2 ENTITLED "TRAFFIC AND VEHICLES" OF
CHAPTER 10 ENTITLED "PUBLIC SAFETY" OF THE CODE OF
ORDINANCES OF THE TOWN OF TROPHY CLUB, TEXAS BY
REPEALING SECTION 2.05 (E) ENTITLED "OVERNIGHT PARKING"
AND ADOPTING A NEW SECTION 2.05 (E) REGULATING
"OVERNIGHT PARKING"; PROVIDING FOR THE INCORPORATION
OF PREMISES; PROVIDING FOR AMENDMENTS TO THE
REGULATIONS GOVERNING PARKING BETWEEN THE HOURS OF
3:00 A.M. AND 5:00 A.M. EACH DAY; PROVIDING A CUMULATIVE
REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING A PUBLICATION CLAUSE;
PROVIDING A PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS
($500.00) AND A SEPARATE OFFENSE SHALL BE DEEMED
COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION
OCCURS; PROVIDING FOR ENGROSSMENT AND ENROLLMENT;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town has evaluated Section 2.05 (E) entitled "Overnight
Parking" of Article 2 entitled "Traffic and Vehicles" of Chapter 10 entitled "Public Safety"
of the Code of Ordinances of the Town which provides for regulations governing
overnight parking within the Town; and
WHEREAS, unimpeded visibility of homes and driveways assists in effective
crime prevention efforts; and
WHEREAS, the Town Council has determined it to be in the best interest of the
Town and its residents to revise the regulations currently in effect which prohibit
parking on roadways between the hours of 3:00 a.m. to 5:00 a.m.; and
WHEREAS, the Town Council having reviewed the proposed revisions to Section
2.05 (E) "Overnight Parking" and having reviewed the fees associated with the
permitting structure proposed, has determined that the regulations are reasonable and
necessary and that the fees reasonably cover the majority of associated costs of
administration of the permit; and
WHEREAS, the Town Council hereby finds that the repeal of the regulations
contained in the existing Section 2.05(E) and the adoption of the new regulations of
Section 2.05(E) serves 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.
AMENDMENTS
2.01 Section 2.05 (E) entitled "Overnight Parking" of Article II entitled "Traffic and
Vehicles" of Chapter 10 entitled "Public Safety" of the Code of Ordinances of the Town
of Trophy Club is hereby repealed in its entirety and a new Section 2.05(E) entitled
"Overnight Parking" of Article II entitled "Traffic and Vehicles" of Chapter 10 entitled
"Public Safety" of the Code of Ordinances of the Town of Trophy Club is hereby
adopted to be and read in its entirety as follows:
"E. Overnight Parking
1. Prohibition -Restricted Hours.
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 3:00
a.m. and 5:00 a.m. each day (hereinafter "Restricted Hours"). 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 During Restricted Hours -Annual Permit -Fee.
Any person who desires to stand or park a Motor Vehicle upon a public highway,
street, alley or other public right-of-way during Restricted Hours shall purchase a
permit authorizing the same from the Town, provided however, a permit shall
only be allowed if there are three (3) or more vehicles registered to the address
of the person requesting the permit. A maximum of two (2) permits may be
issued per household. A permit shall be displayed in the front windshield of a
Motor Vehicle registered at the address of the applicant so that the permit is
plainly visible to a person standing outside of the Motor Vehicle. Any Motor
Vehicle parked as permitted by this section shall be parked in front of the
residence for which the annual permit has been issued in such a manner as not
to obstruct access to the private driveways of neighboring residents.
ORO 2011-39 Page 2 of 5
A permit shall be issued to a specific residence address and may be transferred
to any vehicle registered at that address. Permits are not transferrable to a third
party.
A fee of one hundred fifty dollars ($150.00) per permit shall be charged for the
issuance of each permit. The annual renewal fee, shall be seventy-five dollars
($75.00) per permit. All Permits shall be valid from January 1 until December 31
annually regardless of date of issuance. Permit fees shall not be prorated.
3. Authority to Park During Restricted Hours
Circumstances.
Extraordinary
Special permission to park on any public highway, street, alley or other public
right-of-way during the Restricted Hours may be granted by the Chief of Police or
his designee. Such permission shall only be granted if the Chief of Police or his
designee determines that Extraordinary Circumstances exist. Extraordinary
Circumstances may include driveway repair, home repair or rehabilitation
requiring temporary alternative driveway usage, temporary visitor parking when
capacity of driveway is insufficient to hold all Motor Vehicles, mechanical
breakdown of Motor Vehicles, and/or other similar temporary and unusual
circumstances. Upon a determination by the Chief of Police or his designee that
Extraordinary Circumstances exist, permission to park on a public highway,
street, alley or other public right-of-way during Restricted Hours may be granted
for a period not to exceed three (3) consecutive days. Under no circumstances
shall permission to park during Restricted Hours be granted if in the sole
determination of the Chief of Police or his designee, the request may result in a
traffic hazard or may impede the access of emergency or other Vehicles. Any
Motor Vehicle parked as permitted by this section shall be parked in front of the
residence for which the Extraordinary Circumstances exist in such a manner as
not to obstruct access to the private driveways of neighboring residents.
4. Authority to Park During Restricted Hours -Temporary Permit -Fee.
In lieu of purchasing an annual permit, a person who meets the requirements of
Section (E)(2) above, or in the event that the need for parking due to an
Extraordinary Circumstance extends beyond three (3) consecutive days, a
person who desires to stand or park a Motor Vehicle upon a public highway,
street, alley or other public right-of-way during Restricted Hours, may purchase a
temporary permit from the Town. A temporary permit authorized by this section
shall be issued for a period not to exceed seven (7) days. The temporary
parking permit fee shall be ten dollars ($10.00) and may be renewed one (1) time
per calendar year upon application for an extension and payment of a renewal
fee of ten dollars ($10.00). No more than two (2) temporary parking permits and
two (2) renewals of seven (7) days each may be issued for each residence per
calendar year. If the need for a temporary parking permit results from driveway
repairs being performed by or under the direction of a public utility company or a
ORO 2011-39 Page 3 of 5
governmental entity, including without limitation the Town or MUD1, the permit
fee imposed by this Section shall be waived. Any Motor Vehicle parked as
permitted by this section shall be parked in front of the residence for which the
temporary permit has been issued in such a manner as not to obstruct access to
the private driveways of neighboring residents.
5. Motor Vehicles Ineligible for Restricted Hours Parking Permit.
Parking permits issued to residences under this Section shall not be allowed for
use in Semi-trailers, Trailers, Truck-tractors or Motor Vehicles with more than %
ton carrying capacity. "
III.
SAVINGS AND REPEALER CLAUSE
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.
IV.
SAVINGS CLAUSE
All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to
any and all Violations of the provisions of any other Ordinance affecting the parking
between the hours of 3:00 a.m. and 5:00 a.m. within the Town on each day and which
have secured 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 Ordinances same shall not be affected by this Ordinance but may be
prosecuted until final disposition by the courts.
V.
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 Ordinance despite such invalidity, which remaining
portions shall remain in full force and effect.
ORD 2011-39 Page 4 of5
VI.
PUBLICATION CLAUSE
The Town Secretary of the Town of Trophy Club is hereby directed to the Caption,
Penalty Clause, and Effective Date Clause of this Ordinance as required by Section
52.011 of the Texas Local Government Code.
VII.
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. The remedy provided herein shall be cumulative of all other remedies
authorized by law.
VIII.
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.
IX.
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 of Trophy Club,
Texas this the 14th day of November, 2011.
/d/ll4u' Jai!;t
Mayor Connie White
Town of Trophy Club, Texas
APPROVED AS TO FORM:
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