ORD 817 10/23/2007 ORDINANCE 817
AN ORDINANCE ESTABLISHING REGULATIONS FOR
THE ISSUANCE OF CITATIONS STEMMING FROM
ALLEGED CRIMINAL VIOLATIONS OF ORDINANCES;
PROVIDING FOR RULES, STANDARDS, PROCEDURES,
CRIMINAL PENALTIES, AND SEVERABILITY.
WHEREAS, the City Council of the City of Cibolo ("City Council") seeks to promote the
public health, safety, morals and general welfare of the municipality and
the safe, orderly, and healthful development of the municipality; and
WHEREAS, the City Council finds that state law does not provide rules and regulations
relating to issuance of citations in criminal cases stemming from local
ordinances by non-peace officers; and
WHEREAS, the City Council has determined that that the local administration of justice
requires that such rules and regulations exist; and
WHEREAS, pursuant to Texas Local Government Code Section 51.001, the City has
general authority to adopt an ordinance or police regulation that is for the
good government, peace and order of the City, and is necessary or proper
for carrying out a power granted by law to the City; and
WHEREAS, the City Council finds that A is necessary and proper for the good
government, peace and order of the City of Cibolo to adopt an ordinance
regulating the issuance of citations in criminal cases stemming from local
ordinances by non-peace officers.
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO; TEXAS
ISSUANCE OF CITATIONS
SECTION 1. DEFINITIONS
Citation:An ordinance violation notice and notice to appear before the Cibolo
Municipal Court, as provided for in this Ordinance.
City: the City of Cibolo, a home-rule municipality located .in Guadalupe County,
Texas.
Person: Any individual, association, firm, corporation, governmental agency,
political subdivision, or legal entity of any kind.
SECTION 2. ADMINISTRATION
2.1 Relation to Related Laws
A citation issued pursuant to this Ordinance does not relate to authority of a
peace officer to issue a citation pursuant to Article 14.06(d) of the Texas Code of
Criminal Procedure or Section 543.003 of the Texas Transportation Code.
2.2 Authority to Issue Citations
Pursuant to this Chapter, and the scope of their assigned duties, a citation may
be issued of the following individuals so designated by the City Council:
(a) Code Enforcement Officer(s)
(b) Animal Control Officer(s)
2.3 Form & Content of Citation
A citation issued under this section must be in a form approved by the Municipal
Court Clerk that includes the following information:
(a) the name, address, date of birth, and/or driver's license number, physical
description, and telephone number of the person cited;
(b) the offense for which the person is charged;
(c) the date and location of the offense;
(d) a deadline to contact the Municipal Court;
(e) a statement requiring the person receiving the citation to appear at Municipal
Court on or before the deadline indicated on the citation;
(f) a statement of the person's promise to respond to the citation, pursuant to
Article 27.14 of the Texas Code of Criminal Procedure, by the deadline
indicated on the citation, including a place for the person cited to provide the
person's signature; and
(g) the signature of the person issuing the citation.
2.4 Pleading Subsequent to Issuance of Citation
All pleas arising from the issuance of a citation under this Chapter shall be made
pursuant to Article 27.14 of the Code of Criminal Procedure.
SECTION 3. RELATED OFFENSES & PENALTY
3.1 Ordinance Violation of Promise to Appear
., A person issued a citation, as authorized by this Ordinance, commits an offense
if the person fails to appear or enter a plea pursuant to Section 2.4 on or before
the deadline to appear indicated on the citation as authorized by Article 38.10 of
the Texas Penal Code.
3.2 Interference or Obstruction of Issuance
A person commits an offense if the person interferes with or obstructs the
issuance of a citation under this Ordinance.
3.3 Providing False of Fictitious Name
A person commits an offense if the person gives a false or fictitious name,
address, or other information to an individual authorized to issue a citation under
this Ordinance.
3.4 Penalty
Each violation under this section is a misdemeanor offense punishable upon
conviction by a fine not to exceed two thousand dollars ($2000.00) per offense.
Each day shall constitute a separate offense.
1. SEVERABILITY
Should any of the clauses, sentences, paragraphs, sections or parts of this Ordinance
be deemed invalid, unconstitutional, or unenforceable by a court of law or administrative
agency with jurisdiction over the matter, such action shall not be construed to affect any
other valid portion of this Ordinance.
This Ordinance shall become adopted and effective immediately upon passage.
PASSED AND APPROVED THIS a3 DAY OF Dc-6/..,, , 2007.
WA/1,18A` ,jr�t7 Clam,.
J nifer Hman,
Mayor
City of Cibolo, Texas
ATTEST:
Peggy Cimics
City Secretary
City of Cibolo, Texas
APPROVED AS TO FORM:
SUSAN ROCHA
City Attorney
City of Cibolo, Texas