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ORD. 2021-16 - Sign Ordinance Amendment TOWN OF TROPHY CLUB ORDINANCE NO. 2021-16 AN ORDINANCE AMENDING THE TOWN OF TROPHY CLUB, TEXAS, ARTICLE III ENTITLED "SIGNS", OF SECTION 3.09.062 "POLITICAL SIGNS" PROVIDING FOR A TIMEFRAME TO PLACE AND REMOVE SIGNAGE WITHIN THE TOWN, BEFORE AND AFTER AN ELECTION; PROVIDING THAT ANY PERSON WHO VIOLATES SECTION 3.09.062 OF ARTICLE III SHALL BE GUILTY OF A CLASS C MISDEMEANOR PUNISHABLE BY A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) PER VIOLATION AND THAT EACH DAY A VIOLATION IS ALLOWED TO EXIST OR CONTINUES TO EXIST SHALL BE A SEPARATE OFFENSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; 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 , Section 5 of the Texas Constitution; and WHEREAS, the Town Council deems it in the best interest of the Town of Trophy Club, Texas to amend Article III entitled "Signs" of Section 3.09.062 "Political Signs" of the Code of Ordinances in order to provide a period of erecting and removing signage within the Town, before and after an election; and WHEREAS, the Town is predominately a residential community, small portions of which have been zoned for commercial and other non-residential uses. The protection and preservation of the rights and values of privacy, aesthetics, and safety are of great importance to the residents of the Town and substantially contribute to the special ambiance, quality of life, and general welfare of the community. The property values in the Town and the general welfare of its residents are enhanced by the maintenance of the highest standards of privacy, aesthetics, and safety for the benefit of all its residents; and WHEREAS, the Town Council declares that the timeframe for the placement and removal of the signs described in this Article are necessary to protect and preserve the Town's aforesaid interests in privacy, aesthetics, safety, and property values. NOW, THEREFORE, BE IT ORDAINED BY THE TROPHY CLUB TOWN COUNCIL: 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 Article III entitled "Signs" of the Code of Ordinances of the Town of Trophy Club is hereby amending Section 3.09,062 entitled "Political Signs" to provide for election signs to be placed for a period of ninety(90) days before an election and removed ten (10) days after an election and is hereby adopted to be and read in its entirety as follows: Section 3.09.062 Political Signs (a) Duration. All political signs meeting the requirements of this article shall only be erected or maintained in a location allowed under this article for a maximum period of ninety (90) days before the signs must be removed as required by this article. Political signs shall be kept in good repair and proper state of preservation during the entire time that they are placed. Political signs advertising an election shall be removed ten (10) days following the date of the election. Failure to remove such signs within the ten (10) day period shall give the designated official the authority to remove such signs without notice. 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 Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. ORD 2021-16 Page 2 of 4 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 Two Thousand ($2,000.00), 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 Governance Officer/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 Governance Officer/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. ORD 2021-16 Page 3 of 4 PASSED AND APPROVED by the Trophy Club Town Council this 24th day of August, 2021. r cia L. Fleu Ku r own of Trophyb, Texas ATTEST: �y ti ' Vacek, Town Governance 0y Officer/Town Secretary gRY APPR ED AS TO FORM: J v' odd III, Town Attorney own of Trophy Club, Texas l ORD 2021-16 Page 4 of 4