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ORD 1468 09/24/2024y OP C/e O V O rCX0 •at,ofomw ORDINANCE NO. 1468 AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS, AMENDING CHAPTERS 50 AND 54 OF THE CITY OF CIBOLO CODE OF ORDINANCES; PROVIDING RULES AND REGULATIONS FOR CAMPING; PROVIDING FOR SEVERABILITY, REPEAL, SAVINGS, PUBLICATION, AND CODIFICATION; DECLARING ADOPTION IN COMPLIANCE WITH THE TEXAS OPEN MEETINGS ACT; PROVIDING A PENALTY; PROVIDING AN EFFECTIVE DATE; AND CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT WHEREAS, the City Council finds the City of Cibolo, Texas ("the City") is a home -rule municipality; and WHEREAS, the City desires to maintain its public places, including streets, rights of way, and city parks, and its business parking lots and business entrance in a safe and healthy manner; and WHEREAS, the City recognizes the importance of promoting safe and enjoyable camping experiences for all residents and visitors; and WHEREAS, the City is committed to protect and preserve natural resources within designated camping areas; and WHEREAS, the City acknowledges the negative impacts that may occur as a result of camping in public spaces, or parking lots, or entrances; and WHEREAS, Section 48.05 of the Texas Penal Code establishes a criminal offense for certain camping and provides rules related thereto; and WHEREAS, Subsection 48.05(f) of the Texas Penal Code allows a municipality to adopt its own regulation concerning camping, provided the regulation (1) is compatible with and equal to or more stringent than the state statute or (2) relates to an issue not specifically addressed by the state statute; and WHEREAS, the City Council desires to adopt a city ordinance regulating camping pursuant to the authorization provided by Subsection 48.05(f) of the Texas Penal Code; and WHEREAS, pursuant to Section 54.004 of the Texas Local Government Code, the City of Cibolo may adopt and enforce ordinances to protect health life and property and to preserve the good government, order and security of the city and its inhabitants; and WHEREAS, the City Council desires to adopt rules and regulations on camping within the City. 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. Ordinance Amendments. The Code of Ordinances is hereby amended by adding a new section 50-23 of article 111 of Chapter 50, to provide as set forth in Attachment A attached hereto. SECTION 3. Amendments. The Code of Ordinances is hereby amended by deleting Section 54- 127 of Chapter 54. SECTION 4. 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 5. 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 6. Savings. All rights and remedies of the City are expressly saved as to any and all violations of the provisions of any ordinances 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 7. 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 S. 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 9. Penalty. It shall be unlawful for any person to violate any provision of this Ordinance. Any person who violates, or any person who causes or allows another person to violate, any provision of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than Five Hundred Dollars ($500.00). Each occurrence of any violation of this Ordinance shall constitute a separate offense. Each day on which any violation of this Ordinance occurs shall constitute a separate offense. SECTION 10. Effective Date. This Ordinance will become effective within the corporate city limits of the City of Cibolo upon the required newspaper publication. PASSED, APPROVED, AND ADOPTED on this 24 day of �/�icmbe1" 2024. ATTEST: Peggy Cimics, TRMC City Secretary Mark Allen, Mayor F410 W C1113A DI ITA.V 03 TO.til F Hyde Kelley LLP City Attorney "dam (0W4 -q V'r-P Attachment A CITY OF CIBOLO CODE OF ORDINANCES Chapter 50 —OFFENSES AND MISCELLANEOUS PROVISIONS ARTICLE M. — REGULATIONS AND PROIIMITED CONDUCT Section 50-23. Camping (a) In this section: (1) "Camp" means the use of a place as a living accommodation for such activities as: a. cooking; b. making a fire; c. storing personal belongings; d. digging; e. sleeping; or f. using a shelter. (2) "Shelter" includes a tent, tarpaulin, lean-to, sleeping bag, bedroll, blankets, vehicle, or any form of temporary, semipermanent, or permanent shelter. (b) A person commits an offense if the person camps in a public place, including a street, alley, sidewalk, public right of way, city park, or other city -owned property, without the effective consent of the city or other public agency having the legal duty or authority to manage the public place. (c) A person commits an offense if the person camps in a nonresidential private parking lot or business entrance. (d) Consent given by the city is not effective for purposes of Subsection (b), unless given to authorize the person to camp for: (1) recreational purposes; or (2) purposes related to providing emergency shelter during a disaster declared under Section 418.014, Government Code, or a local disaster declared under Section 418.108 of that code. (e) Except as provided by Subsection (f), before or at the time a peace officer issues a citation to a person for an offense under this section, the peace officer must make a reasonable effort to: (1) advise the person of an alternative place at which the person may lawfully camp; and (2) contact, if reasonable and appropriate, an appropriate official of the city or Guadalupe County, or an appropriate nonprofit organization operating within that political subdivision, and request the official or organization to provide the person with: (A) information regarding the prevention of human trafficking; or (B) any other services that would reduce the likelihood of the person suspected of committing the offense of continuing to camp. (1) Subsection (e) does not apply if the peace officer determines there is an imminent threat to the health or safety of any person to the extent that compliance with that subsection is impracticable. (g) If the person is arrested or detained solely for an offense under this section, a peace officer enforcing this section shall ensure that all of the person's personal property not designated as contraband under other law is preserved by: (1) permitting the person to remove all the property from the place at the time of the person's departure; or (2) taking custody of the property and allowing the person to retrieve the property after the person is released from custody. (h) A fee may not be charged for the storage or release of property under Subsection (i)(2).