ORD 1157 03/22/2016 OF C/
A..l d�, ,�O
4� �
V= O
T'6 X I'A S
"City of Choice"
ORDINANCE No. 1 1 5 7
AN ORDINANCE OF THE CITY OF CIBOLO AMENDING CHAPTER 74 (TRAFFIC
AND VEHICLES) OF THE CODE OF ORDINANCES BY CREATING AN OFFENSE OF
EXHIBITION OF ACCELERATION AND PROHIBITING CERTAIN CONDUCT BY
PERSONS OPERATING VEHICLES UPON ROADWAYS AND PARKING AREAS;
PROVIDING A PENALTY FOR VIOLATIONS AND REPEALING ALL PRIOR
ORDINANCES IN CONFLICT; - -
WHEREAS, the City Council of the City of Cibolo, Texas finds that the exhibition of
acceleration by drivers poses certain hazards to the motoring.public and pedestrians; and
WHEREAS, the City Council of the City of Cibolo, Texas finds that the sound produced
by the exhibition of acceleration is a public nuisance and a breach of the peace; and
WHEREAS,the City Council of the City of Cibolo,Texas finds that it necessary to prohibit
exhibition of acceleration to protect the health, safety, and welfare of the community.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CIBOLO, TEXAS, THAT:
Section 1. Amendments. The City of Cibolo Code of Ordinances, Chapter 74 is
hereby amended by adding Section 74-38, which shall read as follows:
74-38—Exhibition of Acceleration
(a) Definitions: For the purposes of this section terms set out below shall
have the definitions that follow:
Exhibition of acceleration means the acceleration of a motor vehicle in such a
manner that: (i)causes one or more of a vehicle's tires to loose traction with the
paved or gravel surface on which the vehicle is traveling; and/or (ii) cause tire
squeal.
Tire squeal means the sound produced by the friction of a motor vehicular tire
against a paved surface_under sudden acceleration of the vehicle to which said
tire is mounted, said tire then turning at a rate of revolution disproportionately
greater than the length of distance traveled by the vehicle.
200 South Main Street,P.O.Box 826,Cibolo,Texas 78108 Phone: 210-658-9900 Fax: 210-658-1687
(b) Exhibition of acceleration prohibited. It is unlawful for the driver of any
motor vehicle to engage in an exhibition of acceleration within the corporate
limits of the City of Cibolo, Texas.
(c) Exceptions. It is an-exception to this ordinance if the exhibition of acceleration
occurs on a track designed for racing and located on a property that has been(i)
issued.a certificate of occupancy for such use; or(ii)has been so operating with
such use prior to the enactment of this ordinance.
(d) Penalty. Violation of this section is a class C misdemeanor and upon
conviction a fine of not less than $25 or more than $200.00 shall be assessed
for each offense.
(e) Not a moving violation. An offense under this section is not a moving
violation and may not be made a part of a person's driving record.
Section 2. Severability. The provisions of this ordinance are severable and the invalidity of any
part of this ordinance will not affect the validity of the remainder of the ordinance.
Section 4. Repealer. All ordinances or portions of ordinances in conflict herewith are hereby
repealed to the extent of such conflict.
Section 4. Notice and Effective Date. The City Secretary shall publish notice of this ordinance
in accordance with the requirements of City Charter Section 3.13(3) and this ordinance shall
become effective upon compliance with the requirements of City Charter Section 3.13(3).
PASSED AND APPROVED THIS 22nd DAY OF MARCH 2016.
Allen Dunn,Mayor
ATTEST:
Peggy Cimics, City Secretary
Approved as to Form:
A�ay'sOffi�Le
200 South Main Street,P.O.Box 826,Cibolo,Texas 78108 Phone: 210-658-9900 Fax: 210-658-1687
�`IllllltO O
V rJ' O
AL
T X S
"City of Choice"
City Council
Meeting Date: March 22, 2016
To: Robert T. Herrera, City Manager
From: Gary Cox, Chief of Police
Subject: Ordinance Regulating Parking on portions of Eldridge Drive and Eglington Way
Over the past 24 months the Cibolo Police Department has responded to numerous calls regarding the
parking of vehicles in the cul-de-sac impeding the use of driveways.The residents in the area have been
engaged in an ongoing dispute, which recently erupted into an incident involving physical violence and
resulted parties being arrested. Residents have parked cars in the cul-de-sac to antagonize other
neighbors even though driveways and garages are empty of vehicles and adequate parking is available.
This has led to extreme frustration between neighbors and provides a source of friction which staff
believes can result in further physical violence.
Vehicles have been parked in such a manner that a bumper may hang over the edge of the neighbor's
driveway by a few inches and impeded the "free" use of the adjacent driveway. While there is state law
regarding parking in front of a private driveway, the manner in which the vehicles are parked does not
prevent the use of the driveway, but causes the neighbors to go out of the way to avoid a striking the
parked vehicles. Officers have issued citations for some violations; however this seems to escalate the
tensions between neighbors. Currently there is no prohibition of parking on the street and officers are
left to make the determination of whether the parked vehicles are preventing the use of the driveway or
not. In order to provide an equitable remedy and fair treatment of all parties, staff believes it is
necessary to enact a no parking zone.
A flyer indicating our intent to designate the area a no parking zone was distributed to the 5
homeowners adjacent to the affected area and input/feedback was solicited prior to bringing this item
to Council for consideration. A majority of the homeowners have indicated their approval to establish
the no parking zone and feel it will help resolve some of the conflicts.
Staff recommends the approval of the No Parking Zone.
Gary Cox,Chief of Police
200 South MainStreet,P.O.Box 826,Cibolo,Texas 78108 Phone: 210-658-9900 Fax: 210-658-1687