11-043 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 11-043
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS; AMENDING ORDINANCE NO. 06-47, SECTION 5(B)(6) (SPECIFIC
NOISE DISTURBANCE PROHIBITED), ESTABLISHING REVISED HOURS OF
CONSTRUCTION/MAINTENANCE WORK IN THE TOWN OF PROSPER;
PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS
ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND
SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF
THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council") has investigated
and determined that Ordinance No. 06=47 of the Town of Prosper, Texas ("Prosper") should be amended,
and
WHEREAS, it is the express intent of the Town Council to control the level of
construction/maintenance work noise in a manner which promotes commerce, protects the sleep and
repose of citizens and preserves the quality of life and the environment; and
WHEREAS, the Town Council finds that noise pollution is a serious concern to all inhabitants of
the community and that it is in the best interest of the citizens of Prosper to amend Ordinance No. 06-47,
Section 5(B)(6) (Specific Noise Disturbance Prohibited), establishing revised hours of
construction/maintenance work in Prosper.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1: Findings. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2: Amendment to Ordinance No. 06-47 Section 5(B)(6) (S ecific Noise Disturbance
Prohibited). Ordinance No. 06-47, Section 5(B)(6) (Specific Noise Disturbance Prohibited) is hereby
amended as follows:
6. Construction/Maintenance Work -
a. Operating or permitting to be operated any equipment used in
construction, maintenance, repair, alteration or demolition work on
buildings, structures, streets, alleys, lawns, golf courses or appurtenances
thereto and/or the erection, including excavation, demolition, alteration
or repair of any building within a residential district or quiet zone, or
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within five hundred feet (500') of any residence or quiet zone, in such a
manner as to cause a noise disturbance. Furthermore, any such activity
shall create a noise disturbance per se if conducted between the hours of:
7:00 p.m. and 7:00 a.m. Monday tlrr'otr +h Frida •(ii) 7:00 p.m.
Friday night through 8:00 a.m., Saturday morning; (iii) 5:00 p.m.
Saturday afternoon through 12:00 .m, Sunday afternoon,• and iv 7:00
P.111, SLIndgy afternoon throw h 7:00 a.m. Monday morning. A noise
disturbance is not created by residential lawn maintenance or in the event
emergency repairs are required on personal property.
SECTION 3: Savings/Repealing Clause. Ordinance No. 06-47 shall remain in full force and
effect, except has amended by this or any other Ordinance. All provisions of any ordinance in conflict
with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate
any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution
from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining
portion of conflicting ordinances shall remain in full force and effect.
SECTION 4: Severahill . If any section, subsection, sentence, clause or phrase of this
Ordinance is for any reason, held to be unconstitutional or invalid by a court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions of this Ordinance. Prosper hereby
declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be
declared unconstitutional.
SECTION 5: Penalty Prevision. Any person, firm, corporation or business entity violating this
Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine
not to exceed the sum of FIVE HUNDRED DOLLARS ($500.00), unless the violation relates to fire
safety, zoning or public health and sanitation, including dumping and refuse, in which the fine shall not
exceed the sum of TWO THOUSAND DOLLARS ($2,000.00). Each continuing day's violation under
this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance
shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and
remedies available to it pursuant to local, state and federal law.
SECTION 6: Effective Date. This Ordinance shall become effective upon its passage and
publication as required by law.
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DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS ON THIS 26th DAY OF, April, 2011 by vote of 6-0.
»
Ray Smit] Mayor
ATTESTED TO AND
CORRECTLY REC ED BY:
Amy 1'hika a, Y6wn Secretary
Date(s) of Publication: Prosper Press.
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