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ORD 1494 06/10/2025 Def. of City Parks'Cry of Choice ORDINANCE NO. 1494 AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS, AMENDING CHAPTER 1 AND 54 OF THE CIBOLO CODE OF ORDINANCES; PROVIDING A DEFINITION OF CITY PARKS; PROVIDING FOR PROHIBITED CONDUCT IN CITY PARKS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY, REPEAL, SAVINGS, PUBLICATION, AND CODIFICATION; DECLARING ADOPTION IN COMPLIANCE WITH THE TEXAS OPEN MEETINGS ACT; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. PROVIDING FOR SEVERABILITY; 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 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 of Cibolo owns and maintains city parks that provide inexpensive and safe outdoor and recreational opportunities for residents and visitors; and WHEREAS, as coveted resources, the City seeks to maintain the natural beauty, safety, and cleanliness of the city parks; and WHEREAS, for these reasons, adopting restrictions on possession and consumption of alcohol in city parks is in the interest of the public health safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS: SECTION 1. The foregoing recitals are hereby found to be true and correct and are hereby adopted by the City Council and made a part hereof for all purposes as findings of fact. SECTION 2. Ordinance Amendments. The Cibolo Code is hereby amended by adding a definition to Sectionl-2 Definitions and rules of construction of Chapter 1, to provide as set forth in Attachment A attached hereto. SECTION 3. Ordinance Amendments. The Cibolo Code is hereby amended by replacing a word in Section 54-7 of article II of Chapter 54, to provide as set forth in Attachment A attached hereto. SECTION 4. Ordinance Amendments. The Cibolo Code of Ordinances is hereby amended by deleting Section 54- 127 of article lI of Chapter 54. SECTION 5. 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 8. Open Meeting Compliance. The City Council fmds 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 be fined not less than $25.00 or more than $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 AND APPROVED this 10`h day of June 2025. ATTEST: Peggy Cimics, TRMC City Secretary Mark Allen, Mayor APPROVED AS TO FORM: DENTON NAVARRO RODRIGUEZ BERNAL SANTEE & ZECH, PC, City Attorney Attachment A CITY OF CIBOLO CODE OF ORDINANCES Chapter 1– GENERAL PROVISIONS See. 1-2. - Definitions and rules of construction. In the construction of this Code and of all ordinances and resolutions passed by the city council, the following definitions and rules of construction shall be observed, unless such construction would be inconsistent with the manifest intent of the city council: Charter. The term "Charter" means the Charter of the city as printed in part I of this volume. Citation. The term 'citation" means an ordinance violation notice and notice to appear before the municipal court, as provided by this Code. City. The term 'city" refers to the City of Cibolo, in the Counties of Guadalupe and Bexar, and the State of Texas. Citypark. The term "city park" means any area of real property owned, used, or maintained by the city as a public park, parkrg ound, playground, or athletic facility. Code. The term "Code" means the "Code of Ordinances, City of Cibolo, Texas" or "The Cibolo Code." Computation of time. In computing any period of time prescribed or allowed by this Code, the day of the act, event or default after which the designated period of time begins to run shall not be included. The last day of the period, so computed, shall be included unless it is a Sunday or legal holiday, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. State Law reference — Similar provision, Tex. Government Code § 311.014. I Council, city council. Whenever the term 'council" or 'city council" is used, it shall be construed to mean the city council of the City of Cibolo, Texas. County. The term "county," depending on the content, means Bexar County, Texas, Guadalupe County, Texas, or Comal County, Texas. Delegation of authority. Whenever a section of this Code requires or authorizes an officer or employee of the city to do some act or perform some duty, it shall be construed to authorize the officer or employee to designate, delegate and authorize subordinates to perform the act or duty, unless the terms of the section specifically provide otherwise. Gender. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males. State Law reference — Similar provision, Tex. Government Code §§ 311.012, 312.003. In the city. The term "in the city" means and includes all territory over which the city now has, or shall hereafter acquire jurisdiction for the exercise of its police, regulatory and other powers. Joint authority. Terms purporting to give authority to three or more officers or other persons shall be construed as giving such authority to a majority of such officers or other persons, unless it is otherwise declared. State Law reference — Similar provision, Tex. Government Code § 312.004. Month. The term "month" means a calendar month. State Law reference — Similar provision, Tex. Government Code § 312.011(7). Number. Any term importing the singular number shall include the plural, and any term importing the plural number shall include the singular. State Law reference — Similar provision, Tex. Government Code § 312.003 (b). Oath. The term "oath" shall be construed to include an affirmation in all cases in which by law an affirmation may be substituted for an oath, and in such cases the terms "swear" and "sworn" shall be equivalent to the terns "affirm" and "affirmed." State Law reference — Similar provision, Tex. Government Code § 312.011(8). Officers, departments, boards, committees, commissions, employees. Officers, departments, boards, committees, commissions and employees referred to in this Code shall mean officers, departments, boards, committees, commissions and employees of the city, unless the context clearly indicates otherwise. Official time standard. Whenever certain hours are named in this Code, they shall mean Central Standard Time or Central Daylight Saving Time, as may be officially in current use in the state. State Law reference — Similar provision, Tex. Government Code § 312.016. Or, and. The term "or" may be read as the term "and," and the term "and" may be read as the term "or," if the sense requires it. Owner. The term "owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such building or land. Person. The term "person" shall extend and be applied to associations, corporations, funis, partnerships and bodies politic and corporate, as well as to individuals. State Law reference— Similar provision, Tex. Government Code § 311.005(2). Personal property. The term "personal property" includes every species of property, except real property as defined in this section. Preceding, following. The term "preceding" and "following" mean next before and next after, respectively. State Law reference — Similar provision, Tex. Government Code § 312.011(11). Property. The term "property" includes real and personal property. State Law reference— Similar provision, Tex. Government Code § 312.011(13). Public place. The term "public place" means any public street, alley, square, highway, grounds, house or premises; or any hotel, restaurant, boardinghouse, grocery, saloon, garden, workshop or other place, or part of the same, to which people usually resort, or have a right to resort, for business or pleasure. Real property. The term "real property" includes lands, tenements and hereditaments. Roadway. The term "roadway" means that portion of a highway other than the berm or shoulder that is improved, designed or ordinarily used for vehicular travel. If a highway includes two or more separate roadways, the term "roadway," as used in this definition, shall refer to any such roadway separately. State Law reference — Similar provision, Tex. Transportation Code § 541.30 1 (11). Shall, may. The term "shall' is mandatory, and the term "may" is permissive. State Law reference — Similar provision, Tex. Government Code § 311.016(1)-(2). Sidewalk. The term "sidewalk" means any portion of the street between the curblines, or the lateral lines of the roadway, and the adjacent property lines, intended for the use of pedestrians. Signature or subscription. The term "signature" or "subscription" shall include a mark when a person cannot write. State Law reference— Similar provision, Tex. Government Code § 312.011(14). State. The term "state" shall be construed to mean the State of Texas. Street or highway. The term "street' or "highway" means the entire width between the boundary lines of every publicly maintained way when any part thereof is open to the use of the public for purposes of vehicular travel. State Law reference— Similar provision, Tex. Transportation Code § 541.301(5). Tense. Words used in the past or present tense include the future, as well as the past and present. State Law reference— Similar provision, Tex. Government Code § 312.003(a). Tex. Admin. Code. The abbreviation "Tex. Admin. Code" refers to the Texas Administrative Code. Tex. [subject] Code. The term "Tex. [subject] Code" identifies a specific subject matter code of legislatively adopted statutes, as classified and numbered by the Texas Legislative Council under authority of Tex. Rev. Civ. Stat. Ann. art. 5429b-1, predecessor to Tex. Government Code. § 323.007. Yernon's,4nn. Civ. St. The abbreviation "Vernon's Ann. Civ. St." means the latest edition or supplement to Vernon's Annotated Civil Statutes. State Law reference — Statutory references, Tex. Government Code § 312.008. Written or in writing. The term "written" or "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise. State Law reference — Similar provision, Tex. Government Code § 312.011(17). Year. The term "year" means a calendar year. State Law reference — Similar provision, Tex. Government Code § 312.011(18). CHAPTER 54 – PARKS AND RECREATION Sec. 54-77. - Alcohol use in city [public] parks. It shall be unlawful, when in a city park, for any person to serve, possess, consume, sell, barter, furnish, give, purchase or attempt to purchase any alcoholic beverage [in violation of state statutes].