Ord 1397 5/9/2023 Amending Chapter 50OF Cie
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"City of Choice"
ORDINANCE NO.
1397
AN ORDINANCE OF THE CITY OF CIBOLO AMENDING CHAPTER
50, OFFENSES AND MISCELLANEOUS PROVISIONS, ARTICLE II.
CITATIONS, BY ADDING SECTION SEC. 92-35 POSSESSION,
TRANSPORT OR DISCHARGE, AND SEC. 50-16 PENALTY THEREOF
OF THE CIBOLO CODE OF MUNICIPAL ORDINANCES BY
PROHIBITING THE FILING OF FALSE REPORTS OF A CRIME OR
MEDICAL EMERGENCY; SETTING A PENALTY; DECLARING A
PUBLIC PURPOSE; PROVIDING FOR SEVERABILITY; AND SETTING
AN EFFECTIVE DATE.
WHEREAS, the City Council of Cibolo (Council) has determined that it needs to develop rules
to prohibit the filing of false reports of a criminal or medical emergency nature because such
false reports divert emergency vehicles from legitimate calls for services; and
WHEREAS, the Council wishes to send a strong message of deterrence to individuals
contemplating the unlawful filing of false reports within the City; and
WHEREAS, the City Council wishes to provide its law enforcement officers with the necessary
tools to deter unlawful behavior and protect its citizens;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS
THAT THE CODE OF ORDINANCES, CITY OF CIBOLO IS HEREBY AMENDED TO
READ AS FOLLOWS:
SECTION 1. AMENDMENTS. Chapter 50, Offenses and Miscellaneous Provisions, Article
II, Citations, Section 50-16 of the Code of Ordinances, City of Cibolo, Texas, is amended to read
as follows:
CHAPTER 50 - OFFENSES AND MISCELLANEOUS PROVISIONS
ARTICLE II. CITATIONS
"Sec. 50-16. - False report of crime or report of medical or other emergency;
violation; penalty.
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(a) No person shall intentionally make a false report of the commission of a crime or
violation of a city ordinance, or intentionally cause a false report of the commission of a
crime or violation of city ordinance to be made, to a peace officer, the Cibolo Police
Department, 9-1-1 operator, or any other governmental employee or contractor or
employee of a contractor who is authorized to receive reports of a crime, knowing the
report is false.
(b) No person shall intentionally make or intentionally cause to be made a false report of
a medical or other emergency to a peace officer, the Cibolo Police Department,
firefighter or Cibolo Fire Department, 9-1-1 operator, medical first responder, or any
governmental employee or contractor or employee of a contractor who is authorized to
receive reports of medical or other emergencies.
(c) The court may order a person convicted under subsection (a) or (b) to pay to the City
of Cibolo the costs of responding to the false report or threat including, but not limited to,
use of police, fire, medical, or other emergency response vehicles and teams.
(d) A violation or attempted violation of this section occurs if the communication of the
false report originates in the City of Cibolo, is intended to terminate in the City of Cibolo,
or is intended to terminate with a person who is in the City of Cibolo.
(e) A violation or attempted violation of this section may be prosecuted in the City of
Cibolo Municipal Court if the communication originated or terminated in the City of
Cibolo.
(f) A person who violates this section is subject to the penalty provisions outlined in Sec.
50-1.
SECTION 2. FINDINGS. The City Council finds all of the above recitals to be true and
correct and incorporates the same in this Ordinance as findings of fact.
SECTION 3. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be unconstitutional or illegal, such decision shall not affect
the validity of the remaining sections of this ordinance. The City Council 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 or phrases
be declared void.
SECTION 4. REPEALING ORDINANCE IN CONFLICT. All ordinances or parts of
ordinances in conflict herewith are hereby repealed to the extent of such conflict.
SECTION 5. EFFECTIVE DATE. The Ordinance shall be effective immediately following
its publication in the local newspaper as required by Section 52.011 of the Texas Local
Government Code. Thereafter, the rules contained therein will apply within the City of Cibolo.
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APPROVED AND ADOPTED on this the q*k day of May, 2023.
ATTEST:
Peggy Cimics, TRMC
City Secretary
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APPROVED:
arc Allen
Mayor