15-39 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 15-39
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING SUBSECTION 4.10.006, "CHARITABLE, RELIGIOUS,
EDUCATIONAL, FRATERNAL, GOVERNMENTAL OR NONPROFIT
ORGANIZATIONS," OF ARTICLE 4.10, "GARAGE SALES," OF CHAPTER 4,
"BUSINESS REGULATIONS," OF THE CODE OF ORDINANCES OF THE
TOWN OF PROSPER, TEXAS, BY AMENDING THE PERMITTED NUMBER
OF GARAGE SALES CONDUCTED BY A CHARITABLE, RELIGIOUS,
EDUCATIONAL, FRATERNAL, GOVERNMENTAL OR NONPROFIT
ORGANIZATION IN A CALENDAR YEAR; PROVIDING FOR REPEALING,
SAVINGS AND SEVERABILITY CLAUSES; PROVIDING A PENALTY
CLAUSE; PROVIDING FOR PUBLICATION OF THE CAPTION HEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Town Council has considered and concluded that charitable,
religious, educational, fraternal, governmental or nonprofit organizations should be exempted
from the limitation on the number of garage sales permitted annually, as referenced in
Section 4.10.003(6) of the Code of Ordinances; and
WHEREAS, due to the nature of the services provided by charitable, religious,
educational, fraternal, governmental or nonprofit organizations, garage sales often assist in
furthering the nonprofit and altruistic purposes of such organizations; and
WHEREAS, the Town Council has determined that the following amendment furthers
those interests, and are in the best interests of the citizens of Prosper.
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, Subsection 4.10.006, "Charitable,
Religious, Educational, Fraternal, Governmental or Nonprofit Organizations," of Article 4.10,
"Garage Sales," of Chapter 4, Business Regulations," of the Code of Ordinances of the Town of
Prosper, Texas, is amended to read as follows:
"4.10.006 Charitable, Religious, Educational, Fraternal, Governmental or Nonprofit
Organizations
(4) A nonprofit organization is permitted to conduct a maximum of twelve (12)
garage sales per calendar year.
SECTION 3
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, 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 4
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict, and any remaining portions of said ordinances shall remain in full force
and effect.
SECTION 5
Any person, firm or corporation violating any of the provisions or terms of this Ordinance
shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by fine not to
exceed the sum of five hundred dollars ($500.00) for each offense, and each and every day such
violation shall continue shall constitute a separate offense. The penal provisions imposed under
this Ordinance shall not preclude the Town from filing suit to enjoin the violation, and the Town
retains all legal rights and remedies available to it.
SECTION 6
This Ordinance shall become effective from and 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 23RD DAY OF JUNE, 2015.
ATTEST:
Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ray Smith Mayor
Ordinance No. 15-39, Page 2