2026-49 O - Amending Chapter 6 Health and Sanitation, Definition of Agricultural Property & Correcting Scrivener's ErrorsTOWN OF PROSPER, TEXAS
ORDINANCE NO. 2026-49
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
SUBSECTION (a), OF SECTION 6.03.001, "DEFINITIONS," OF ARTICLE 6.03,
"MAINTENANCE OF PROPERTY," OF CHAPTER 6, "HEALTH AND
SANITATION," OF THE CODE OF ORDINANCES OF THE TOWN OF
PROSPER, TEXAS, BY AMENDING THE DEFINITION OF "AGRICULTURAL
PROPERTY" TO COMPLY WITH RECENT AMENDMENTS TO THE TEXAS
AGRICULTURE CODE; CORRECTING SCRIVENER'S ERRORS IN
SUBSECTIONS 6.03.003(b), 6.03.005(b) AND (f), AND 6.03.006(e) AND (f) OF
ARTICLE 6.03, "MAINTENANCE OF PROPERTY," OF CHAPTER 6, "HEALTH
AND SANITATION," OF THE CODE OF ORDINANCES OF THE TOWN OF
PROSPER, TEXAS; PROVIDING FOR SAVINGS AND SEVERABILITY
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Texas Legislature enacted legislation in 2023 amending the Texas
Agriculture Code to limit the authority of municipal governments in regulating "agricultural
operations," as defined by Texas Agriculture Code § 251.002(1); and
WHEREAS, recent amendments to Article 6.03, "Maintenance of Property," of Chapter 6,
"Health and Sanitation," of the Code of Ordinances contained several minor scrivener errors that
shall be corrected; and
WHEREAS, the Town Council of the Town of Prosper, Texas (the "Town Council"), has
investigated and determined that Article 6.03 of the Town' Code of Ordinances should be so
amended.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully set
forth herein.
SECTION 2
From and after the effective date of this Ordinance, the existing definition of "Agricultural
property" in Subsection (a) of Section 6.03.001, "Definitions," of Article 6.03, "Maintenance of
Property," of Chapter 6, "Health and Safety" of the Code of Ordinances of the Town of Prosper,
Texas, are hereby amended to read as follows:
"ARTICLE 6.03
MAINTENANCE OF PROPERTY
6.03.001. Definitions.
(a) For the purpose of this article, the following terms shall have the following definitions:
Agricultural ,oropert means property currently being used in an "Agricultural Operation"
as defined by Section 251.002(1) of Chapter 251 of the Texas Agriculture Code, as
amended, regardless of tax exempt status.
SECTION 3
From and after the effective date of this Ordinance, Subsection (b) of Section 6.03.003,
"Regulation of Weeds, Rubbish, Brush, and Other Objectionable, Unsightly, or Unsanitary Matter,"
of Article 6.03, "Maintenance of Property," of Chapter 6, "Health and Safety" of the Code of
Ordinances of the Town of Prosper, Texas, are hereby amended to read as follows:
"ARTICLE 6.03
MAINTENANCE OF PROPERTY
***
6.03.003. Regulation of Weeds, Rubbish, Brush, and Other Objectionable, Unsightly, or
Unsanitary Matter.
***
(b) The owner or occupant of any property or a portion thereof, occupied or unoccupied, within
the town, shall not allow, maintain, or permit upon any property grass, weeds, brush, or
other unsightly vegetation to grow thereon to a height greater than 12 inches. Such
property shall include the area between the property boundary and the curb or edge of
pavement of any adjacent street or alley. With respect to any agricultural property, the
owner or occupant of such property shall be required to maintain grass, weeds, brush, or
other unsightly vegetation to a height not greater than 12 inches only within 10 feet of any
adjacent public sidewalk, street, or highway, and in accordance with Section 251.0055 of
the Texas Agriculture Code, as amended.
SECTION 4
From and after the effective date of this Ordinance, Subsections (b) and (f) of Section
6.03.005, "Assessment and Collection of Expenses for Work Done or Improvements Made by
Town," of Article 6.03, "Maintenance of Property," of Chapter 6, "Health and Safety" of the Code
of Ordinances of the Town of Prosper, Texas, are hereby amended to read as follows:
"ARTICLE 6.03
MAINTENANCE OF PROPERTY
***
Ordinance No. 2026-49, Page 2
6.03.005. Assessment and Collection of Expenses for Work Done or Improvements Made
by Town.
(b) In the event that the owner fails to pay the expense incurred under § 6.03.004(f)
or (g) within 30 calendar days after the first day of the month following the month in which
the work was done, the Town Manager or his/her designee shall obtain a lien against the
property by filing a statement of expenses incurred in abating the violation with the County
Clerk of the county in which the subject property is located. The statement must also state
the name of the owner, if known, and the legal description of the property. The lien attaches
upon the filing of the statement with the County Clerk.
(f) The remedy provided by this section is in addition to the remedy provided by § 6.03.007
below."
SECTION 5
From and after the effective date of this Ordinance, Subsections (e) and (f) of Section
6.03.006, "Authority to Immediately Abate Dangerous Weeds," of Article 6.03, "Maintenance of
Property," of Chapter 6, "Health and Safety" of the Code of Ordinances of the Town of Prosper,
Texas, are hereby amended to read as follows:
"ARTICLE 6.03
MAINTENANCE OF PROPERTY
6.03.006. Authority to Immediately Abate Dangerous Weeds.
(e) The town may assess expenses and create liens under this section in the same manner
and subject to the same conditions as set forth in § 6.03.004 and § 6.03.005 above.
(f) The authority granted the town by this section is in addition to the authority granted by
§ 6.03.004."
SECTION 6
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. The Town hereby
declares that it would have passed this Ordinance, and each section, subsection, sentence,
clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, and phrases be declared unconstitutional or invalid.
Ordinance No. 2026-49, Page 3
SECTION 7
This Ordinance shall become effective after its adoption and publication as required by
law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 27TH DAY OF OCTOBER, 2026.
David F. Bristol, Mayor
ATTEST:
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Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
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Terrence S. Welch, Town Attorney
Ordinance No. 2026-49, Page 4