ORD 1433 01/23/2024ORDINANCE NO. 1433
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS
ENACTING REGULATIONS FOR THE ACTIVITIES OF COMMERCIAL TRUCKS
IN THE CITY OF CIBOLO BY AMENDING CHAPTER 74, TRAFFIC AND
VEHICLES, OF THE CIBOLO CODE; PROVIDING FOR UNLAWFUL ACTS AND
AFFIRMATIVE DEFENSES TO THE REGULATIONS; PROVIDING FOR THE
NOTIFICATION OF NO THROUGH TRUCK TRAFFIC BY THE INSTALLATION OF
SIGNS AND MARKERSTO REGULATE COMMERCIAL TRUCKS IN THE CITY OF
CIBOLO; PROVIDING FOR SEVERABILITY, REPEAL, SAVINGS, PUBLICATION
AND CODIFICATION; DETERMINING THAT THE MEETING AT WHICH THIS
ORDINANCE VAS PASSED WAS CONDUCTED IN COMPLIANCE WITH THE
TEXAS OPEN MEETINGS ACT; PROVIDING A PENALTY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,.heavy-truck traffic on certain streets in the;Gity of Cibolo is creating a hazard threatening the
health, safety and welfare of motorists and pedestrians, and creating unnecessary destruction of streets and
pavementmot designed forsuch traffic; and 7.
WHEREAS, the City of Cibolo'has exclusive control and -power over the streets, alleys, and public grounds
and highways of the Citypursuantto Transportation Code §311.001, as may be amended; and
WHEREAS, vehicles of extraordinary weight and size can contribute to rapid destruction of surface streets
typical to residential areas; and
WHEREAS, the Citydesires to eliminate such hazards and destruction by regulating and restricting truck
traffic at suchiocations;
NOW,'PHEREFORE,'BE TT.ORDAINED by the. City Council of the City of Cibolo, Texas:
SECTION 1: 'Findings. The recitals are hereby found to be true and correct and are hereby incorporated
as part of this Ordinance.
SECTION 2: Amendments to Chapter 74. The Cibolo Code is hereby amended by deleting section 74-
38 of Chapter 74 ("Traffic and"Vehicles") and -substituting therefor a new section 74-38 to provide as
follows:
Page 1 of 4
Sec. 74-38. - Through truck traffic.
(a) It shall be unlawful for any person to drive or operate any truck or other vehicle:
(1) registered to have a gross vehicle weight rating in excess of 22,000 pounds according to the
manufacturer's specifications; or
(2) with tandem or more axles;
on any street, roadway, highway or segments of such street, roadway, or highway within the city limits
when such street is marked with a sign prohibiting through truck traffic.
(b) Affirmative Defense. It shall be an affirmative defense to prosecution under section 74-38(a) that the
truck or vehicle is:
(1) owned, leased, used or in service to a local, state or federal governmental entity;
(2) a school bus or public bus;
(3) an emergency vehicle in route to and returning from an emergency, including any wrecker or tow
truck;
(4) traveling to or from a property for the purpose of providing a service, or delivering or collecting
goods or merchandise, or conducting such activity at such property, and then only for the minimum
distance and minimum time necessary for such purpose and in accordance with subsection (c);
(5) a mobile home which is being installed in or removed from the boundaries of the city;
(6) a travel trailer, boat or recreational vehicle; or
(7) owned or used in the service of public utilities when in the performance of the utility's services.
(c) A bill of lading, routing sheet or other such documentation portraying both the point of origin and the
destination for the provision of services or delivery or collection of goods or merchandise is prima facie
proof of eligibility to meet the affirmative defense provided in subsection (b)(4) above.
(d) The following streets are designated as "No Through Truck Traffic" streets:
■ North Main Street from TxDOT FM 1103 to Union Pacific Railroad (UPRR)
■ South Main Street from Union Pacific Railroad (UPRR) to TxDOT FM 78
■ Tolle Road from Weil Road to Country Lane
■ Country Lane from Tolle Road to TxDOT FM 78
■ Haeckerville Road from TxDOT FM 78 to TxDOT Interstate 10 Frontage Road
■ Cibolo Valley Drive from Old Wiederstein to North Main Street
■ Green Valley Road from Green Valley Loop to Southern Way
■ Green Valley Road from F.M. 1103 northeast to the Cibolo city limits.
Page 2 of 4
■ Weil Road from Brite Road to FM 1103
■ Green Valley Loop
■ Persimmon Drive
■ Woodland Oaks Drive (within Cibolo)
■ Bolton Road
■ Zuehl Road
■ Brite Road
■ Vista Del Rey
■ Country Vale
■ Lower Seguin Road
(e) The city shall erect "No Through Truck Traffic" signs in conformance with the Texas Department of
Transportation's Manual on Uniform Traffic Control Devices on the aforementioned roadways.
SECTION 3. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for
any reason held to be unconstitutional or illegal by final judgment of a court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby
declares that it would have passed and ordained all the remaining portions of this Ordinance without the
inclusion of such portion or portions found to be unconstitutional or invalid.
SECTION 4. Repeal. All resolutions or ordinances or parts thereof conflicting or inconsistent with the
provisions of this Ordinance are hereby REPEALED to the extent of such conflict. In the event of a conflict
or inconsistency between this Ordinance and any other resolution, code or ordinance of the City, or parts
thereof, the terms and provisions of this Ordinance shall govern.
SECTION 5. Savings. All rights and remedies of the City are expressly saved as to any and all violations
of the provisions of any ordinances regulating through truck traffic which have accrued at the time of the
effective date of this Ordinance; and such accrued violations and litigation, both civil and criminal, whether
pending in court or not, under such ordinances, shall not be affected by this Ordinance but may be
prosecuted until final disposition by the courts.
SECTION 6. Publication and Codification. The City shall publish this Ordinance in the newspaper
designated as the official newspaper of the City twice as required by Section 3:13(3) of the City Charter.
This Ordinance will be codified in the Cibolo Code in the next appropriate update.
SECTION 7. Open Meeting. The City Council hereby finds and determines that the meeting at which this
Ordinance was passed was conducted in accordance with the Texas Open Meetings Act.
SECTION 8. Penalty. It shall be unlawful to do or perform any act prohibited in this Ordinance, and it
shall be unlawful to fail to do or perform any act required in this Ordinance. Any person violating any of
Page 3 of 4
i �
y
R=
1
-s
�:
c'
� �
,` v M
1 '.
R.,
�;.
- � _�' k�.
:�.. _
�� �
1.` `; • Y.
�S `�.. ..
� `.
1
�
s
i
i
��
t
..
�-
`\
'
� �'
.
the provisions of this Ordinance shall be deemed guilty of a class "C" misdemeanor, which shall be
punishable by a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00).
Each occurrence of any violation of this Ordinance shall constitute a separate offense.
SECTION 9. Effective Date. This Ordinance will become effective within the corporate city limits of the
City of Cibolo upon the required newspaper publication and the installation of signs designating "No
Through Truck Traffic'.
PASSED, APPROVED, AND ADOPTED THIS a3 DAY OF JANUARY, 2024.
ATTEST:
-�99h
PEGGY CIMICS, TRMC
City Secretary
By:
MARK ALLEN
Mayor
APPROVED AS TO FORM:
Page 4 of 4
:GARZA(/
City Attorney