ORD 1437 02/27/20241 f X AS
"City of Choice"
Ordinance No. 1437
AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS, ADDING SECTION 74-186 -
CONTROL OF NON-RESIDENTIAL PRIVATE PROPERTY ENTRANCES AND
EXITS; PROVIDING FOR REGULATION AND ENFORCEMENT; AMENDING
SECTION 74-190 - PARKING ON NON-RESIDENTIAL PRIVATE PROPERTY
PARKING AREAS; PROVIDING REGULATION AND ENFORCEMENT;
PROVIDING FOR SAVINGS, REPEAL, SEVERABILITY, PUBLICATION AND
CODIFICATION, DECLARING ADOPTION IN COMPLIANCE WITH THE TEXAS
OPEN MEETINGS ACT, PROVIDING PENALTIES; PROVIDING RESTITUTION;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council finds the City of Cibolo, Texas (the "City") is a home -rule
municipality; and
WHEREAS, the City Council finds that Texas Local Government Code Section 601.001,
authorizes all municipalities in Texas to regulate the parking of motor vehicles on private
property, and further authorizes the enforcement of those regulations by ordinance; and
WHEREAS, the City Council finds that obstructing existing entrances into, and existing exits out of,
non-residential private property parking areas, can have detrimental impacts on traffic flow and
congestion on adjacent public roadways; thereby placing the public health and safety in danger,
necessitating reasonable regulation; and
WHEREAS, the City Council finds that the unauthorized use of non-residential parking areas
located on private property unlawfully interferes with the property owners' and any lessees'
rights to peaceful enjoyment of property as guaranteed by Texas law; and
WHEREAS, the City Council finds. that Texas Penal Code Section 30.05 declares it unlawful
for a person to enter or remain on, or in, the private property of another without the effective
consent of the owner; and that a person violates Texas law by failing to immediately depart from
the property after having notice that their entry on or in the private property was forbidden; and
WHEREAS, the City Council finds that the unlawful use of non-residential private property
parking areas creates the opportunity for public conflict, disturbances of the peace, and other
unacceptable activities, which are likely to escalate, leading to misdemeanor assaults or worse;
and
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WHEREAS, the City Council finds that the facts and circumstances presently identified in the
municipality warrant the adoption of non-residential private parking area regulations by
Ordinance, which includes a criminal penalty, to deter the unlawful use of non-residential private
property parking areas, and
WHEREAS, the City Council fords that providing the use of signage at each entrance of a non-
residential private property parking areas that provides notice to the general public of the
approved and authorized use(s) of the non-residential private property parking areas is necessary
and required to enforce the criminal penalties provided by this ordinance, without the necessity
to confront a violator; and
WHEREAS, the City Council finds the adoption of this Ordinance regulating non-residential
private property parking area use, and providing a criminal penalty is necessary to maintain the public
health and safety of the public.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CIBOLO, TEXAS:
SECTION 1. Incorporating Recitals. The City Council approves the recitals hereto and
incorporates them herein as findings of fact as if recited verbatim.
SECTION 2. Repeal and Substitution. The Code of Ordinances of the City of Cibolo Texas, is
amended by adding Section 74-186 to Chapter 74, deleting Section 74-190 and substituting a new
Section 74-190 to provide as set forth in Exhibit A attached hereto.
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
authority, 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, 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 non-residential private property parking
areas 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.
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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 Compliance. The City Council finds that the meeting. at which this
Ordinance passed was conducted in compliance 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 the provisions of this Ordinance shall be deemed guilty of a class "C" misdemeanor.
(1) Any person found in violation of Section 74-186, or any part thereof shall, upon the first
conviction thereof, be punished by a fine of at least One Hundred Dollars ($100.00), but
not to exceed Five Hundred Dollars ($500.00). Each occurrence of any violation of this
Ordinance shall constitute a separate offense. The minimum fine shall increase by $100.00
for each subsequent violation, until the maximum fine for the offense is reached.
(2) Any person found in violation of Section 74-190, or any part thereof, shall, upon the first
conviction thereof, be punished by a fine of at least Two Hundred Fifty Dollars ($250.00),
but not to exceed Five Hundred Dollars ($500.00). Each occurrence of any violation of
this Ordinance shall constitute a separate offense. The minimum fine shall increase by
$100.00 for each subsequent violation, until the maximum fine for the offense is reached.
(3) If requested by the complainant, any person found in violation of Section 74-190, in
addition to any fine, shall pay restitution to the complainant in an amount of up to $500.00
to compensate the complainant for the economic loss proximately caused by defendant's
illegal use of the non-residential private property parking area. The amount of restitution
owed is presumed to be $150.00, unless the complainant can make a showing of additional
injury warranting a greater amount, up to the $500 maximum provided.
SECTION 9. Effective Date. This Ordinance will become effective within the corporate city limits
of the City of Cibolo upon the required newspaper public
ORDERED on this day of
ATTEST:
2
G
By: Mark i
API
By: By:
Peggy Cimics, TRMC
City Secretary
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City Attorney
J
Exhibit A - Local Legislation
Section 74-186. - Control of Non -Residential Private Property Parking Area
Entrances and Exits
It shall be unlawful for any person to obstruct, interfere with, or
otherwise impede the use of existing entrances into, and existing exits out of,
non-residential private property parking areas in any manner, without first
obtaining a permit from the City.
Section 74-190. - Parking in Non -Residential Private Property Parking Areas
It shall be unlawful to stop, stand, or park any vehicle in a non-residential
private property parking areas in a manner which is unauthorized by the private
property owner or any lessee having possession or control of all or part of the
private property parking area.
(1) A person is presumed to have violated this section if the person enters a
non-residential private property parking area and uses the non-
residential parking. area in a manner inconsistent with any signage
which is readily visible from each entry into the private property parking
lot describing the uses, or limitations, or prohibitions applicable to the
use of the private property parking area.
(2) Signage referred to above for private property parking areas must meet
the following criteria:
i. The signs must be readily visible at all entrances into the non-
residential private property parking area at the time the offense
occurs.
ii. The signs must be fabricated with engineer grade or higher
reflective sheeting. The lettering of the sign and viewing distance
from each entry of the private property parking area must, at a
minimum, comply with the following:
Letter Maximum
Height Viewing
nicinnrn
3"
30'
4"
40'
6"
60'
8"
80'
9„
90,
10"
100'
12"
120'
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(4) The sign must clearly state the prohibition, limitation, or regulation
applicable to the non-residential private property parking area. (i.e.,
"Customer and Employee Parking Only;" "Customer Parking Only," or
"Parking limited to one-hour only," etc.).
(5) The police department may remove a vehicle from the non-residential
private property parking area upon request by the non-residential private
property parking area owner or lessee with possession or use rights to the
non-residential private property parking area. All expenses related to any
vehicle removal, transportation, and storage are the obligation of the
vehicle owner(s).
(6) It is an affirmative defense to prosecution under this section that
the vehicle parked, stopped, or standing, on or in the non-
residential private property parking area in violation of this
Section if the violator is:
(i) parked, stopped or standing for the purpose of delivering
or picking up merchandise or material from an owner or
tenant on the property; or
(ii) an employee of a governmental entity performing official
duties or is performing work under a contract with a
governmental entity, owner, or tenant on the property; or
(iii) an employee of a public utility company performing official
duties or is performing work under a contract with a public
utility company; or
(iv) parked because of, or responding to, an emergency.
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