06-020 - O TOWN OF PROSPER,TEXAS ORDINANCE NO.06-20
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING SIGN ORDINANCE NO.
04-03, SECTION 1.15 (NONCONFORMING SIGNS); 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 it would be advantageous and beneficial to the citizens of the Town of Prosper, Texas ("Prosper') to amend
Ordinance No. 04-03 to adopt sign amortization procedures as follows:
NOW,THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,TEXAS:
SECTION 1:Findings Incorporated. The findings set forth above is incorporated into the body of this Ordinance
as if fully set forth herein.
SECTION 2: Amendment to Ordinance No. 04-03 (Regulation of Signs) Section 1.15 (Nonconforming Signs).
Section 1.15(Nonconforming Signs)of Ordinance No. 04-03 is hereby amended to add the following:
E. A nonconforming sign in the Town or its extraterritorial jurisdiction may be relocated, reconstructed or
removed as provided by law, including but not limited to Chapter 216 of the Texas Local Government Code
as it exists or may be amended.
F. If a nonconforming sign is required to be relocated, reconstructed or removed by the Town, the Mayor of
the Town, or the person fulfilling the duties of the Mayor if the Mayor is unable to act, shall appoint a
municipal board in accordance with Section 216.004 of the Texas Local Government Code, as it exists or
may be amended, to be known as the "Municipal Board on Sign Control for Nonconforming Signs". Once
appointed, Board members shall serve for two (2) year terms unless they are removed by the Mayor, they
resign,they fail to qualify to serve, or are otherwise removed.
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 fined any sum not exceeding Two Thousand
Dollars ($2000.00). 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 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; 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 hereof irrespective of the fact that any one or more sections,
subsections,sentences,clauses, and phrases be declared unconstitutional.
SECTION 6: 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 28th day of February, 2006.
arles Niswanger,
ATTESTED TO AND
CORRECTLY RECORDED BY:
` /
S anae Jennings,•n Secretary
DATE OF PUBLICATION: 13(0 4 14/0 , Dallas Morning News—Collin County Edition