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ORD 849 05/27/2008 ORDINANCE NO. 849 AN ORDINANCE PROHIBITING THE PARKING OF COMMERCIAL VEHICLES BETWEEN THE HOURS OF 10:00 P.M. AND 6:00 A.M. ON SCHNEIDER DRIVE, GUADALUPE DRIVE, INDUSTRIAL DRIVE AND CIBOLO DRIVE; DIRECTING THE CHIEF OF POLICE; CITY ENGINEER AND PUBLIC WORKS DIRECTOR TO ERECT THE APPROPRIATE SIGNS; PROVIDING; PRESCRIBING A FINE OF NOT LESS THAN $25.00 NOR MORE THAN $500.00; PROVIDING AN EFFECTIVE DATE WHEREAS, the City of City Council of the City Of Cibolo, Texas desiring to fulfill their duty of protecting the safety and welfare of it's citizens; and WHEREAS, pursuant to Texas Local Government Code section 51.001 , the City has the authority to adopt ordinances that are for the good government, peace, or order of the municipality or for the trade and commerce of the municipality; WHEREAS, pursuant to Texas Local Government Code section 54.004 a home- rule municipality may enforce ordinances necessary to protect health, life, and property and to preserve the good government, order and security of the municipality and its inhabitants; and WHEREAS, the overnight parking of commercial vehicles in certain locations within the City creates a safety hazard for motorists and pedestrians; and WHEREAS, in an effort to promote the safe travel, ingress and egress of vehicles and pedestrians it is necessary prohibit commercial vehicles from parking overnight in certain locations. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TUE CITY OF CIBOLO, TEXAS THAT: I. Definition Commercial Vehicle - means a motor vehicle, other than a motorcycle, designed or used primarily to transport property that: (A) has a gross combination weight rating of 26,001 or more pounds, including a towed unit with a gross vehicle weight rating of more than 10,000 pounds; 1 (B) has a gross vehicle weight rating of 26,001 or more pounds; (C) is designed to transport 16 or more passengers, including the driver. Overnight Parking — Overnight parking shall be considered anytime in between the hours of 10:00 p.m. and 6:00 a.m. II. Overnight Parking Prohibited Overnight Parking shall be prohibited at the following locations within the incorporated city limits of the City of Cibolo, Guadalupe County, Texas: Schneider Drive Guadalupe Drive Industrial Drive Cibolo Drive Ill. Signs The Chief of Police, City Engineer and Director of Public Works are hereby authorized and directed to erect the appropriate signs indicating that commercial vehicles are prohibited from parking overnight at each of the above designated locations. IV. Penalty Any violation of this ordinance shall, upon conviction, carry a fine of not less than twenty-five ($25.00) dollars or more than five hundred dollars ($500.00) for each violation thereof, V. Effective Date This Ordinance shall be in full force and effect from and after final passage and approval of the city council of the City of Cibolo, and publication in a newspaper of general circulation 2 PASSED, APPROVED, AND ADOPTED this the 2-7 day of /'�1M /2008. CITY OF CIBOLO, TEXAS BY: 4 NN/F= HARTMAN, MAYOR ATTEST: PEGGY CIMICS, CITY SECRETARY APPROVED AS TO FORM: SUSAN C. ROCHA, CITY ATTORNEY 3