10-068 - O TOWN OF PROSPER,TEXAS ORDINANCE NO. 10-068
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
ORDINANCE 04-118, SECTION 3(B); PROVIDING FOR THE REGULATION
OF WEEDS, RUBBISH, BRUSH, AND OTHER OBJECTIONALBE,
UNSIGHTLY, OR UNSANITARY MATTER; PROVIDING FOR A PENALTY
FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR
REPLEALING, 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 is dangerous to the public health and that it constitutes a fire hazard for properties
in the Town of Prosper, Texas ("Prosper")to have places thereon where weeds, rubbish, brush, and other
objectionable, unsightly, or unsanitary matter accumulate;
WHEREAS, Chapter 342, Texas Health and Safety Code, provides municipalities with the power
to regulate and abate accumulations of weeds, rubbish, brush, and other objectionable, unsightly, or
unsanitary matter;
WHEREAS, the Town Council finds that it will be advantageous, beneficial and in the best
interest of the citizens of Prosper to amend Prosper Ordinance No. 04-118, Section 3(b) as set forth
below;
WHEREAS, Prosper has complied with all notices as required by law; and
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1: Hi dings Incorporated,orated, The findings set forth above are incorporated into the body
of this Ordinance as if fully set forth herein.
SECTION 2: , tnendment to Prosper Ordinguice No. 04-1.18. Section 3(b) of the Town of Prosper
Ordinance No. 04-118 is hereby amended to read as follows:
3(b) The owner or occupant of any property or a portion thereof, occupied or unoccupied, within
Prosper, shall not allow, maintain, or permit upon any property grass, weeds, brush, or other
unsightly vegetation to grow thereon to a height greater than twelve (12) inches. Such property
shall include the area between the property and the curb or edge of pavement of any adjacent
street or alley. With respect to uncultivated or agricultural properties, the owner or occupant of
such property shall be required to maintain grass, weeds, brush, or other unsightly vegetation to a
height less than twelve (12) inches only within one hundred (100) feet of any adjacent street,
alley, or property of different ownership.
SECTION 4 Savin s�ealing,Clause: Prosper Ordinance No. 04-118 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
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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 5: S rab l t : 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: Peat lty Provisioti. Any person, firm, corporation or business entity violating this
Ordinance or any provision of Prosper Ordinance No. 04-118, or as amended, shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Five Hundred ($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 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 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 27th day of July, 2010,
APPJ�(JVEIS"I I RM:
ATTRay Sn�.itl ,Mayor
CO RE 1.L II- wN Mf) l B' : °tt t J N f
.,
(thew D.�IT� �
Denton, TRMC
own Secretary
,
�A ro
DATE OF PUBLICATIONr
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