14-16 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 14-16
AN ORDINANCE AMENDING ARTICLE 4.09 (SPECIAL EVENTS AND
TEMPORARY OUTDOOR SEASONAL SALES) OF THE TOWN OF
PROSPER'S CODE OF ORDINANCES; PROVIDING FOR A PENALTY FOR
THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING,
SAVING 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 (the "Town Council") has
investigated and determined that Article 4.09 (Special Events and Temporary Outdoor Seasonal
Sales) of the Code of Ordinances should be amended; and
WHEREAS, the Town Council has further investigated into and determined that it will be
advantageous and beneficial to Prosper and its inhabitants to amend Article 4.09 (Special
Events and Temporary Outdoor Seasonal Sales) of the Code of Ordinances as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1
Findin4s Incorporated. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2
Amendment to Article 4.09 (Special Events and Temporary Outdoor Seasonal Sales) of
the Code of Ordinances. Article 4.09 (Special Events and Temporary Outdoor Seasonal Sales),
Section 4.09.004(2)(1) of the Code of Ordinances is amended as follows:
(1) Proof of a liability insurance policy with minimum combined limits of one million dollars
($1,000,000). The Building Official shall require a certificate of insurance that shows such policy
is in full force and effect prior to the commencement of the Temporary Outdoor Seasonal Sale
or Special Event and provides that the Town shall receive notice of cancellation of the insurance
coverage. Non-profit or tax-exempt entities or organizations and governmental entities are
exempt from this requirement.
SECTION 3
Amendment to Article 4.09 (Special Events and Temporary Outdoor Seasonal Sales) of the
Code of Ordinances. Article 4.09 (Special Events and Temporary Outdoor Seasonal Sales),
Section 4.09.007 (Fees) of the Code of Ordinances is amended as follows:
1. Temporary Outdoor Seasonal Sale or Special Event Permit is one hundred dollars
($100.00). The fee shall be waived for non-profit or tax-exempt entities or organizations
and governmental entities.
2. The applicant shall provide a one thousand dollar ($1,000.00) deposit at the time of the
permit application for clean up after the Temporary Outdoor Seasonal Sale or Special
Event. If the applicant cleans up, satisfactory to the Town, within twenty-four (24) hours
after the Temporary Outdoor Seasonal Sale or Special Event ends, the one thousand
dollar ($1,000.00) deposit will be refunded to the applicant within fourteen (14) business
days of the Temporary Outdoor Seasonal Sale or Special Event ending. The deposit
shall be waived for non-profit or tax-exempt entities or organizations and governmental
entities.
SECTION 4
Penaltv. Any person, firm, corporation or business entity violating this Ordinance or any
provision of Prosper's Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be fined any sum not exceeding 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 5
Severabilitv. 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
Savings/Renealinq Clause. Prosper's Zoning Ordinance No. 05-20 shall remain in full
force and effect, save and except as 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 appeal prevent a prosecution from being commenced for any violation if
occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances
shall remain in full force and effect.
SECTION 7
Effective Date. This Ordinance shall become effective from and after its adoption and
publications as required by law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 25TH DAY OF MARCH, 2014.
Ray Smites, Mayor
Ordinance No.14-16,Page 2
ATTEST:
Robyn Battle, Tbwn Secretary
APPROVED AS TO FORM AND LEGALITY:
CO —
Terrence S. Welch, Town Attorney
Ordinance No. 14-16, Page 3