17-23 O - Amend Article 4.09 of Code of Ordinances related to provision of off-duty police officersTOWN OF PROSPER, TEXAS
ORDINANCE NO. 17-23
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING SUBSECTION (3) OF SECTION 4.09.004, "PERMIT
REQUIREMENTS; ADDITIONAL REGULATIONS," AND SUBSECTION (a) OF
SECTION 4.09.007, "FEES," OF ARTICLE 4.09, "SPECIAL EVENTS AND
TEMPORARY OUTDOOR SEASONAL SALES," OF CHAPTER 4, "BUSINESS
REGULATIONS," OF THE CODE OF ORDINANCES OF THE TOWN OF
PROSPER, TEXAS; PROVIDING FOR A PENALTY; PROVIDING FOR
REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR
THE PUBLICATION OF THE CAPTION OF THIS ORDINANCE AND AN
EFFECTIVE DATE THEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas, in the past has adopted
ordinances that both address and regulate special events and temporary outdoor seasonal sales
and permit fees; and
WHEREAS, the Town Council has determined that it would be in the best interests of the
Town to amend its special events and temporary outdoor seasonal sales regulations to more
accurately reflect the actual costs incurred by the Prosper Police Department for the provision of
off-duty police officers for traffic control and related activities; and
WHEREAS, the Town Council has determined that it would be in the best interests of the
Town to amend its special events and temporary outdoor seasonal sales regulations to amend
the current deposit policy for special events held on private property.
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 (3) of Section 4.09.004,
"Permit Requirements; Additional Regulations," of Article 4.09, "Special Events and Temporary
Outdoor Seasonal Sales," of Chapter 4, "Business Regulations," of the Code of Ordinances of the
Town of Prosper, Texas, is hereby amended to read as follows:
"Sec. 4.09.004 Permit Requirements; Additional Regulations
(3) Safe and orderly movement of normal traffic shall not be substantially, as solely
determined by the Town, interrupted. The Town may require the permit holder to
provide additional signage for traffic control and safety-related issues. If any
temporary outdoor seasonal sale or special event is located adjacent to a TxDOT-
controlled road, a TxDOT sign permit must be obtained, and signs must be in place
before a seasonal sale or event permit is issued. (The specific requirement for
TxDOT signs may be waived if staff determines that sufficient traffic -control
measures are currently in place). The Town Police Department will review the
event traffic flow and parking plan and may require the event holder hire an off-
duty officer to direct traffic. Those current fees, or as amended, are $40.00/hour
with a four-hour minimum. During inclement weather (rain, storm, snow, extreme
cold or heat) the fee is $45.00/hour. Any event that occurs on a recognized holiday
is $50.00/hour with a four-hour minimum, and $55.00/hour if the event occurs on
a recognized holiday during inclement weather.
***»
SECTION 3
From and after the effective date of this Ordinance, Subsection (a) of Section 4.09.007,
"Fees," of Article 4.09, "Special Events and Temporary Outdoor Seasonal Sales," of Chapter 4,
"Business Regulations," of the Code of Ordinances of the Town of Prosper, Texas, is hereby
amended to read as follows:
"Sec. 4.09.007 Fees
(a) Temporary outdoor seasonal sale or special event permit fee shall be as established in
appendix A to this code. The fee shall be waived for nonprofit or tax-exempt entities or
organizations and governmental entities. Deposits, as established in appendix A, shall not be
applicable to special events conducted on private property.
SECTION 4
Any person, firm, corporation or business entity violating this Ordinance shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the
sum of 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 the Town from filing suit to enjoin the violation. The Town retains all legal rights and
remedies available to it pursuant to local, state and federal law.
SECTION 5
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 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 6
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
Ordinance No. 17-23, Page 2
thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses
and phrases be declared unconstitutional or invalid.
SECTION 7
This Ordinance shall become effective from and after its adoption and publication as
required by the Town Charter and by law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSP�t%%M!!%�N THIS 28TH DAY OF MARCH, 2017.
OF PRO' "'Of
o
Ray Smith, Mayo
ATTEST:
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APPROVI'D AS TO FORM AND LEGALITY:
-'JTerrence S. Welch, Town Attorney
Ordinance No. 17-23, Page 3