09-069 - O TOWN OF PROSPER,TEXAS ORDINANCE NO. 09-069
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING SIGN
ORDINANCE NO. 04-03, BY AMENDING SECTION 1.07 SIGN SPECIFICATIONS
AND DESIGN AND AMENDING SECTION 1.17(C) SPECIAL EVENT SIGNAGE;
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. 04-03 (Regulation of Signs) should be amended as set forth below; and
WHEREAS, the Town Council has investigated and determined that it will be advantageous, beneficial
and in the best interest of the citizens of Prosper to regulate signs within Prosper and its Extraterritorial
Jurisdiction("ETJ");
WHEREAS, the Town Council has investigated and determined that it will be advantageous, beneficial
and in the best interest of the citizens of Prosper to prevent potential traffic hazards resulting from the signs'
distractions and locations;
WHEREAS, the Town Council has investigated and determined that it will be advantageous, beneficial
and in the best interest of the citizens of Prosper to prevent nuisances;
WHEREAS, the Town Council has investigated and determined that it will be advantageous, beneficial
and in the best interest of the citizens of Prosper to create a neat and orderly appearance throughout Prosper;
WHEREAS, the Town Council has investigated and determined that it will be advantageous, beneficial
and in the best interest of the citizens of Prosper to create a means to safely identify a place of business and the
services available on the premises without creating aesthetic offenses and harm;
WHEREAS, the Town Council has investigated and determined that it will be advantageous, beneficial
and in the best interest of the citizens of Prosper to support the general economic development of Prosper;
WHEREAS, the Town Council has investigated and determined that it will be advantageous, beneficial
and in the best interest of the citizens of Prosper to support the general welfare of the citizens and to maintain
the historically small town atmosphere during a time of growth by providing for a means to communicate
information related to the non-residential community, civic activities and government;
WHEREAS, the Town Council has investigated and determined that it will be advantageous, beneficial
and in the best interest of the citizens of Prosper to ensure a noncommercial atmosphere in residential areas;
WHEREAS, the Town Council has investigated and determined that it will be advantageous, beneficial
and in the best interest of the citizens of Prosper to create appropriate and orderly commercial and residential
atmospheres;
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WHEREAS, the Town Council has investigated and determined that it will be advantageous, beneficial
and in the best interest of the citizens of Prosper to maintain the privacy of the home and limit what an unwilling
viewer must be exposed to relative to the enjoyment of the investment made in the home;
WHEREAS, the Town Council has investigated and determined that it will be advantageous, beneficial
and in the best interest of the citizens of Prosper to enhance property values and psychological well-being for
individuals and families;
WHEREAS,Prosper has complied with all notices as required by law; and
WHEREAS, the Town Council finds that it will be advantageous, beneficial and in the best interest of
the citizens of Prosper to amend Ordinance No. 04-03 (Regulation of Signs)as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER,TEXAS:
SECTION 1: Findings Incorporated/Applicability of Ordinance. The findings set forth above are
incorporated into the body of this Ordinance as if fully set forth herein. This Ordinance shall regulate signs
within Prosper and its ETJ.
SECTION 2: Amendment to Ordinance No. 04-03 (Regulation of Signs) Section 1.07 Sign
Specifications and Design. Ordinance No. 04-03, Section 1.07 Sign Specifications and Design is hereby
amended to add the following:
N. Signs on property owned by the Town of Prosper or an Independent School District (ISD) — Signs
located on property owned by the Town of Prosper or an Independent School District(ISD), for the purpose of
advertising Town or ISD sponsored events or activities,that do not meet the requirements for a sign permitted in
Sections 1.09 and 1.10 of this ordinance, may be permitted upon approval by the Town Council and are not
subject to the variance process in Section 1.16 of this ordinance. Signs prohibited by Section 1.11 of this
ordinance shall not be approved by the Town Council.
SECTION 3: Amendment to Ordinance No. 04-03 (Regulation of Signs) Section 1.17(C) Special
Event Signage. Ordinance No. 04-03 Section 1.17(C) is hereby amended to read as follows:
C. Signage associated with a special event may be erected for a maximum of twenty one (21) days, unless
otherwise approved by the Town Council. All signage associated with a special event shall be removed no later
than twenty-four(24)hours after the event.
SECTION 4: Penalty Provision. Any person, firm, corporation or business entity violating this
Ordinance, or as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined
a sum not exceeding Five Hundred Dollars ($500.00). Each continuing day's violation under this Ordinance
shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude
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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: Savings/Repealing Clause. Ordinance No. 04-03 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, 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 ordinance shall remain in full
force and effect.
SECTION 6: 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 7: Effective Date. This Ordinance shall become effective from and after its adoption and
publication as required by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, on this 23rd day of June,2009.
APPROVED AS TO FORM:
n ,Mayor
ATTESTED TO AND �`eV 11111 U Ii4
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DATE OF PUBLICATION: J t&L`( 3 2 (P J , Dallas Morni4retre(1, in OQt nnty Edition
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AFFIDAVIT OF PUBLICATION
STATE OF TEXAS
COUNTY OF DALLAS
Before me, a Notary Public in and for Dallas County, this day personally appeared Cristy
Thieleman, Advertising Representative for the DALLAS MORNING NEWS,being duly
sworn by oath, states the attached advertisement of:
Town of Prosper
as published in the Dallas Morning News on:
July2, 2009
hi eman)
Sworn to and subscribed before me this July 2, 2009
a '
(Notary Pub ic)
�,`otiP!:rPi's!. LYNDA F. BLACK
_ Notary Public,State of Texas
N;• pti; My Commission Expires
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OF'f'�'�` May 27,2013
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