12-25 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 12-25
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
ORDINANCE NO. 06-122 AND AMENDING ARTICLE 4.09 (SPECIAL
EVENTS AND TEMPORARY OUTDOOR SEASONAL SALES), SEC.
4.09.004 (PERMIT REQUIREMEMTS; ADDITIONAL REGULATIONS)
(3) OF PROSPER'S CODE OF ORDINANCES; PROVIDING FOR A
PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING
FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES;
PROVIDING FOR THE PUBLICATION OF THE CAPTION OF THIS
ORDINANCE AND AN EFFECTIVE DATE THEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (the "Town Council") has
previously adopted Ordinance No. 06-122 (Special Events) of the Town of Prosper, Texas (the
"Town"), adopting regulations for special events and temporary outdoor seasonal sales and
permit fees; and
WHEREAS, the Town Council has investigated into and determined that it would be in
the best interest of the Town to amend Ordinance No. 06-122 (Special Events); and
WHEREAS, the Town Council has further investigated and determined that it would be
in the best interest of the Town to amend Article 4.09 (Special Events and Temporary Outdoor
Seasonal Sales), Sec. 4.09.004 (Permit Requirements; Additional Regulations) (3) of the Town's
Code of Ordinances; and
WHEREAS, the Town Council has investigated and determined that in order to most
effectively make the additions, deletions and amendments necessary to the Town's Code of
Ordinances, Article 4.09 (Special Events and Temporary Outdoor Seasonal Sales), Sec. 4.09.004
(Permit Requirements; Additional Regulations) (3), it is in the best interest of the Town to amend
Ordinance No. 06-122 (Special Events), as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: FINDINGS INCORPORATED. The findings set forth above are
incorporated into the body of this Ordinance s if full set forth herein.
SECTION 2: Amendment to the Town's Code of Ordinances, Article 4.09 (Special
Events and Temporary Outdoor Seasonal Sales), Sec. 4.09.004 (Permit Requirements;
Additional Regulations) (3). Article 4.09 (Special Events and Temporary Outdoor Seasonal
Sales), Sec. 4.09.004 (Permit Requirements; Additional Regulations) (3) of the Town's Code of
Ordinances, is hereby amended as set forth below:
Amendment to Article 4.09 and Ordinance No. 06-122(Special Events) Page 1 of 3
614219.1
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(3) Safe and orderly movement of normal traffic shall not be substantially,
as solely determined by the town, interrupted. The Town may require the
permit holder to provide additional signage for traffic control and safety-
related issues. If any temporary outdoor seasonal sale or special event is
located adjacent to a TXDOT-controlled road, a TXDOT sign permit must
be obtained, and signs must be in place before a seasonal sale or event
permit is issued. (The specific requirement for TXDOT signs may be
waived if staff determines that sufficient traffic-control measures are
currently in place). The Town Police Department will review the event
traffic flow and parking plan and may require the event holder hire an off-
duty officer to direct traffic. Those current fees, or as amended, are
$35.00/hour with a four hour minimum. During inclement weather (rain,
storm, snow, extreme cold or heat) the fee is $40.00/hour. Any event that
occurs on a recognized holiday is $45.00/hour with a four hour minimum
and $50.00/hour if the event occurs during inclement weather.
SECTION 3: Penalty Provision. 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 AND
NO/100 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 the Town from filing suit to enjoin the violation. The Town retains all legal rights and
remedies available to it pursuant to local, state and federal law.
SECTION 4: Savings/Repealing Clause. 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 portions of said ordinances shall remain in full force and effect.
SECTION 5: Severability. Should any section, subsection, sentence, clause or phrase
of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it
is expressly provided that any and all remaining portions of this Ordinance shall remain in full
force and effect. 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 or invalid.
SECTION 6: Effective Date. This Ordinance shall become effective from and after its
adoption and publication as required by the Town Charter and by law.
Amendment to Article 4.09 and Ordinance No.06-122 (Special Events) Page 2 of 3
614219.1
DULY PASSED AND APPROVED BY T ,RA T I WN OUNCIL OF THE TOWN
OF PROSPER, TEXAS on this /1/ `day of _,,,, �! 'i: , 2012.It-
Ray-S�,:4,::.0T:iffivorilliz,' �
, , ,4 o <1ATTESTED TO AND Yc CORRECTLY RECORD1 BY: Z c////////�♦//� -''///f/ - 4sr�V c/L.C.-t�f
Amy Piukana, To' n Secretary ///��������, Is
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Date(s) of Publication , in the ` ,l±-' '�
Amendment to Article 4.09 and Ordinance No. 06-122 (Special Events) Page 3 of 3
614219.1