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-ORDINANCE NO. 1158
AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS AMENDING SECTION 74-187
OF THE CODE OF ORDINANCES BY AUTHORIZING-THE INSTALLATION AND
MAINTENANCE OF A NO PARKING ZONE ALONG PORTIONS OF NORTH- AND
SOUTH MAIN STREET; PROVIDING EXCEPTIONS; PROVIDING, FOR THE
RECODIFICATION OF SECT-ION 74-187 OF THE CODE OF ORDINANCES;
PROVIDING FOR CUMULATIVE/REPEALER CLAUSE; PROVIDING FOR
PRESERVATION OF CITY ACTIONS UNDER PRIOR ORDINANCES; PROVIDING
FOR SEVERABILITY AND AN EFFECTIVE-DATE
WHEREAS, Section 10.0 1 of the City Charter declares the ownership,right of control and
use of streets, highway, alleys, parks, public places, rights-of-way and all other real property of
the City to be inalienable vested to the City; and -
WHEREAS, in accordance with.the authority of Section 10:01 and applicable statutory
authority, and in order to protect the public health safety and welfare, City Council, from time to
time deems it appropriate and necessary to prohibit on street parking along certain.public streets-
within the City's corporate limits; and
WHEREAS, the publishers .of the City Code have codified such prohibitions in Section
74-187 thereof, and
WHEREAS,City Council finds that the street width along certain segments of Main Street
is insufficient to allow on-street parking; and
WHEREAS, the City's Development Code requires retail, office and other commercial
establishments to provide sufficient off-street parking to serve customers, guests and employees;
and
WHEREAS; City Council finds it benef tial to the revitalization of the downtown area
Cibolo to prohibit off street parking along Main Street;
WHEREAS, City Council finds it appropriate to codify all ordinances prohibiting on-
street parking in Section 74-187 of the City Code.
NOW THEREFORE, BE IT ORDAINED'BY THE CITY COUNCIL OF THE CITY_ OF
CIBOLO, TEXAS:
Section one Code Amendment.
Section 74-187 of the City of Cibolo's Code of Municipal Ordinances is hereby amended in its
entirety to read as follows:
Sec. 74-187. - Specific no parking areas.
(a) Near Schools.
(1) It is unlawful. for any person to stop, stand or park a motor vehicle (except in
compliance with official traffic control devices) from 7:00 a.m. to 9:00 a.m. or
from 2:45 p.m.to 3:15 p.m. on any Monday through Friday from August to June
when Wiedefstein Elementary School, Schlather Intermediate School or Jordan
Intermediate School are in session upon any of the following public streets:
(A) Wiederstein Elementary: Within 75 feet in any direction of the
intersection of Crenshaw Ct. and Zoeller Way.
(B) Schlather Intermediate: Within 75 feet in any direction of the designated
pedestrian crosswalk on Willow Bluff..
(C) Jordan Intermediate: Within 75 feet in any direction of the intersection
of Cordero Drive and Braeswood Lane.
(D) Watts Elementary: Within 75 feet in any direction of the intersection of
Deer Meadow Drive:and Fawn Ridge.
(2) It is .a defense to prosecution under this:section that the vehicle parked on the
designated street at a prohibited time:
(A) Was parked for the purpose of Aelivering or picking up merchandise-or
material from a residence located on the street;
(B) Was owned by.a governmental entity or was performing work under a
contract with a governmental entity;
(C) Was owned by a public utility-company or was performing work under a
contract with-a public utility company;
(D) Displays a disabled parking placard or special license plates as defined in
Tex. Transportation Code, ch. 681, and:is registered to a_resident of the
designated street;
(E) Was parked for purposes of private residential construction, remodeling
or repairs and the residence owner has obtained the proper building
permits from the city; or
(E) Displays a parking placard issued by the city and is located directly in
front of the.residence to which.the permit is registered.
(b) Locations other than near schools.
(1) It is unlawful-for any person to stop, stand or park a motor vehicle (except in
compliance with official traffic control devices) at any time upon any of the
following public streets:
(A) Within the cul-de-sac adjacent to 401,405, 409 Eldridge Drive and 302;
306 Eglington Way.
(B) On either side of South Main Street from the intersection of South Main
with Loop 539 to the intersection of South Main with FM 78.
(C) On either side.of North Main Street from the intersection of North Main
with Rawe Avenue to the intersection of North Main with FM 1103.
(2) Itis a defense to prosecution under this section that the vehicle parked on the designated
street at a prohibited time was parked:
(A) for not more than 10 minutes for the purpose of delivering or picking- up
merchandise or material from a residence located on the street where parking is
prohibited;
(B) by an official, employee or agent of the federal, state, county or municipal
government (collectively "operative"), and the governmental operative is on
official government.business; or
(C) by an official, employee or.agent of.a public utility (collectively "operative"),
franchised to operate in the City, and the public utility operative is addressing a
service issue on the on the street where parking is prohibited.
(c) The-city shall erect "No Stopping, Standing or Parking" signs in conformance with the
Texas Transportation,Commission's Manual on Uniform Traffic Control Devices on the
aforementioned roadways..
(d) Any person found in violation of this article shall be deemed guilty of a Class-C
misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed
$200.00 and each day during which such violations continue shall constitute a separate
and distinct offense.
Section two. Cumulative/Repealer Clause. All provisions of the Ordinances of the City of
Cibolo, codified or uncodified, in conflict with the provisions of this ordinance are hereby
repealed, and all other provisions of the Ordinances of the City of Cibolo, codified or uncodified,
not in conflict with the provisions of this ordinance, shall.remain in full force.and effect.
Section three.Preservation Clause. The repeal of any ordinance or part of ordinances affected
by the enactment of this ordinance shall not be construed as abandoning any action now pending
under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any
penalty accruing or to accrue, or as affecting any rights of the 'municipality under any section or
provisions of any ordinances.ai the time of passage of this ordinance.
Section four. Severability Clause. It is-the intention of the City Council that this ordinance, and
every provision thereof, shall be considered severable, and the invalidity or unconstitutionality of
any section, clause, provision or portion of this ordinance shall not affect the validity or
constitutionality of any other provision of.this ordinance.
Section five. 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 said requirement.or on the date the traffic control
device is erected,whichever occurs later.
PASSED AND:APPROVED THIS 12th DAY OF APRIL 2016.
Allen Dunn
Mayor
ATTEST: I
Peggy Cimics
City Secretary
Approved as to Form:
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Habib Erkan -
City Attorneys Office