ORD 1498 07/08/2025 Amending Chapter 34 of the Cibolo Code of Ord.C
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ORDINANCE NO: 1498
AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS, AMENDING
CHAPTER 34 OF THE CIBOLO CODE OF ORDINANCES; PROVIDING A
DEFINITION OF ELECTRONIC SMOKING DEVICE; PROVIDING A
DEFINITION OF SMOKE OR SMOKING; PROVIDING FOR SAVINGS;
REPEAL; SEVERABILITY; PUBLICATION AND CODIFICATION;
DECLARING THAT THE MEETING AT WHICH THIS ORDINANCE WAS
ADOPTED WAS CONDUCTED IN COMPLIANCE WITH THE TEXAS
OPEN MEETINGS ACT; PROVIDING A PENALTY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council finds the City of Cibolo, Texas ("the City") is a home -rule
municipality with the authority to enact laws to protect the public, health, and safety of residents
and visitors to the City; and
WHEREAS, the City Council finds that Article II of Chapter 34 regulates Public Smoking
within the City limits of the City of Cibolo; and
WHEREAS, the City Council finds it beneficial to update the laws and regulations applicable to
Public Smoking generally and to smoke or smoking, specifically;
WHEREAS, the City Council finds that Article II of Chapter 34 regulates public health and safety,
the protection of which is in the best interest of the citizens of the City of Cibolo, and the regulation
of which is within the authority of the City of Cibolo; and
WHEREAS, upon approval, the City Council directs the City Manager and City Secretary to take
such actions as are necessary and appropriate to effectuate this ordinance.
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 are hereto and
incorporates them herein as findings of fact as if recited verbatim.
SECTION 2. Amendments. The Code of Ordinances of the City of Cibolo, Texas is amended by
adding definitions to Chapter 34 Health and Sanitation, Article II Public Smoking, Section 34-56,
as set forth in Attachment A attached hereto.
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SECTION 3. Public Purpose. The City Council finds that the action taken, evidenced by this
ordinance, complies with all applicable rules and regulations set forth in the Code of Ordinances
of the City of Cibolo and all other applicable law and effectuates a public purpose of the City of
Cibolo.
SECTION 4. 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 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. 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 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 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 not to exceed $500.00. 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 D- day of TWY 12025.
Mark Allen
Mayor
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ATTEST:
Peggy Cimics, TRMC
City Secretary
APPROVED AS TO FORM:
I
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DENTON NAVARRO RODRIGUEZ BFRNAL
SANTEE & ZECH, PC, City Attorney
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CIBOLO CODE OR ORDINANCES
CHAPTER 34 – HEALTH AND SAFETY
ARTICLE II. — PUBLIC SMOKING
Sec. 34-56. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Bar means any commercial establishment that derives 65 percent or more of its annual
gross sales receipts from the sale of alcoholic beverages as defined by the Texas Alcoholic
Beverage Code (Tex. Alcoholic Beverage Code 1.01 et seq.) and has a valid on -premises
consumption license issued by the Texas Alcoholic Beverage Commission or a portion of a
commercial/food establishment that is physically separated from the rest of the establishment by
an impermeable barrier exclusive of appropriate openings for ingress and egress and that portion
of the establishment is independently ventilated and that portion of the establishment derives 65
percent or more of its annual gross sales receipts from the sale of alcoholic beverages as defined
by the Texas Alcoholic Beverage Code (Tex. Alcoholic Beverage Code j 1.01 et seq.) and has a
valid on -premises consumption license issued by the Texas Alcoholic Beverage Commission.
Director means the director of the department designated by the city manager to enforce
and administer this article or the director's designated representative.
Electronic Smoking Device (ESD) means any product containing or deliverine nicotine or
any other substance intended for human consumption that can be used by person in any manner
for the purpose of inhaling vapor or aerosol from the product. The term includes any such device,
whether manufactured, distributed, marketed, or sold as an e -cigarette, e -cigar, a -pine, e -hookah,
dab rip, or vane yen, or under any other product name or descriptor.
Employee means any person who is employed by any employer for direct or indirect
monetary wages or profit, or is in a position that would lead one to believe that such person is so
employed.
Employer means any person, partnership, corporation, association or other entity that
employs one or more persons.
Enclosed means closed in by a roof and walls with appropriate openings for ingress and
egress.
Food establishment means any operation engaged in the preparation or sale of prepared
ready -to -eat food, if such operation accounts for more than 51 percent of annual gross sales
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receipts. For the purpose of this definition, the term "food establishment" does not include an
outdoor patio.
Governmental entity means a municipality, county, school district, or appraisal district.
Health care facility means any hospital or institution that provides medical or surgical
services for patients.
Independently ventilated means that the heating, ventilation and air conditioning system
for a bar area does not allow for the mixing of air from the bar area to a public area or public place
served by the same ventilation system or another ventilation system.
Movie theater means any establishment engaged in the business of exhibiting motion
pictures to the public.
Outdoors means any area that is not enclosed.
Private club means any building, premises or portion thereof which is wholly owned or
leased by a nonprofit corporation organized under section 501(c)(3) of the United States Internal
Revenue Code, as amended.
Public place means any enclosed area that is open to or is used by the general public, or
that is a place of employment and includes, but is not limited to, retail stores, grocery stores,
offices, professional, commercial or financial establishment, food establishments, movie theaters,
public and private institutions of education, health care facilities, nursing and convalescent homes,
residential treatment facilities, buildings owned or occupied by political subdivisions and public
restrooms. For the purpose of this definition, the term "public place" does not include a private
residence, bar, tobacco shop, hotel and motel rooms that'are rented to guests, private clubs or
outdoors.
Smoke or smoking means and includes the carrying or holding of a lighted pipe, cigar or
cigarette of any kind, or any other lighted smoking equipment or device, and the lighting, emitting
or exhaling the smoke of a pipe, cigar or cigarette of any kind. Smoking includes the use of an
electronic smoking device which creates an aerosol or vapor, in any manner or in any form, or the
use of any oral smoking device for the purpose of circumventing the prohibition of smoking in this
Chapter.
Tobacco means any tobacco, cigarette, cigar, pipe tobacco, smokeless tobacco, snuff or
any other form of tobacco, which may be utilized for smoking, chewing, inhalation or other means
of ingestion or absorption.
Tobacco shop means any commercial establishment that derives 51 percent of its annual
gross receipts from the sale of tobacco and tobacco accessories.
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