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ORDINANCE#940
AN ORDINANCE OF THE CITY OF CIBOLO AMENDING CHAPTER 74 (TRAFFIC
AND VEHICLES) OF THE CODE OF ORDINANCES BY ADDING,REORGANIZING,
UPDATING PROVISIONS TO COMPLY WITH STATE LAW; AND REPEALING
OBSOLETE,DUPLICATIVE,INEFECTIVE AND UNNECESSARY PROVISIONS AS
THEY PERTAIN TO THE PARKING OF VEHICLES ON CERTAIN STREETS AND
PROHIBITING THE OPERATION OF CERTAIN VEHICLES UPON PUBLIC
ROADWAYS; PROVIDING A PENALTY FOR VIOLATIONS AND REPEALING ALL
PRIOR ORDINANCES IN CONFLICT;
WHEREAS the City Council of the City of Cibolo, Texas desires to protect the safety and
welfare of its citizens; and
WHEREAS, changes in the Code and state and federal laws have resulted in incorrect
Code references to those laws; and
WHEREAS, to make the Code of Ordinances more accessible and understandable
Chapter 74 of the Code of ordinances should be amended to update or eliminate incorrect
references; remove obsolete, duplicative, ineffective or unnecessary provisions; and update
certain provisions to comply with state law.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CIBOLO, TEXAS, THAT:
The City of Cibolo Code of Ordinances, Chapter 74 is hereby amended as follows:
Section 1. Amendments
200 South Main Street,P.O.Box 826,Cibolo,Texas 78108 Phone: 210-658-9900 Fax: 210-658-1687
A. Sections 74-175 and 74-190 are added as follows:
Sec. 74-175. Owner and operator responsible for illegal parking.
It is unlawful for any person, having registered in his name or owning or operating or
in charge of any vehicle, knowingly to allow or suffer or permit the vehicle to stop or
be parked in any street in the city in violation of any of the provisions of this section
or other ordinances of the city regulating the stopping or parking of vehicles.
Sec.74-190. Parking in residential districts.
(a) It is unlawful for any person to park or cause to be parked on any highway; street or
alley within a residential district within the corporate limits of the city any truck with
a manufacturer's rated carrying capacity in excess of 2,000 pounds or any trailer,
semi-trailer,pole trailer, or house trailer.
(b) A "residential district" is defined the same as a"Residence District"in section
541.102 of the Texas Transportation Code.
B. Sections 74-176 and 74-177, 74-182, 74-188, 74-189 are amended to read as follows:
Sec.74-176. Presumption of illegal parking by owner.
When any person is charged with having parked a vehicle on any street in the city at a
place on such street where parking of vehicles is prohibited, or with parking such
vehicle on a street in a manner which violated the designated manner of parking a
vehicle, or with parking such vehicle for a length of time in excess of that allowed in
the space where such vehicle was parked,proof that the vehicle was, at the date of the
offense alleged, owned by the person charged with the offense constitutes prima facie
evidence that the vehicle was parked at the place charged by the owner, but the owner
has the right to introduce evidence to show that such vehicle was not parked by him
as charged in the complaint.
Sec.74-177. When removal is required.
(a) Removal. The police department may remove a vehicle from the streets, alleys,
sidewalks and public ways of the city any time when, in the opinion of one of its
peace officers, such vehicle constitutes a hazard or interferes with a normal function
of the city, or by reason of any catastrophe, emergency or unusual circumstances, the
safety of the vehicle is imperiled.
(b)Notice of removal. Whenever an officer removes a vehicle from a street as authorized
herein and the officer knows or is able to ascertain the name and address of the owner
200 South Main Street,P.O.Box 826,Cibolo,Texas 78108 Phone: 210-658-9900 Fax: 210-658-1687
thereof, such officer will give or cause to be given notice in writing to such owner of
the fact of such removal and the reasons therefore and of the place to which such
vehicle has been removed.
Whenever an officer removes a vehicle from a street as provided herein and does not
know and is not able to ascertain the name of the owner, or for any other reason is
unable to give the notice to the owner as hereinbefore provided, and in the event the
vehicle is not returned to the owner within a period of three days, then the officer will
send a written report of such removal by mail to the State Department of Highways
and Public Transportation in Austin, Texas as required by law, and file a copy of such
notice with the proprietor of any garage in which the vehicle may be placed. Such
notice will include a complete description of the vehicle; the date, time and place
from which removed; the reasons for such removal; and the name of the garage or
place where the vehicle is stored.
Sec. 74-182. Storage of vehicles on streets.
It is unlawful for any person to knowingly leave a vehicle parked or standing in the same
location on a public street for more than 48 continuous hours. In this section, a vehicle
means a device that can be used to transport a person or property on a street or highway.
Sec. 74-188. Parking prohibited in certain places.
(a) It is unlawful for a person to stop or park any vehicle upon a street in the city in such
a manner or under such conditions as to leave available less than 12 feet of the width
of the roadway for free movement of vehicular traffic; except that a driver may stop
temporarily during the actual loading or unloading of passengers or merchandise; and
except that a driver may stop or park a vehicle when necessary to avoid conflict with
other traffic or when necessary in obedience to the directions of a police officer or
official traffic-control device.
(b) It is unlawful for a person to stop or park a "Commercial Motor Vehicle" upon
any street in the city except for the purposes of loading and unloading or when
such vehicle has broken down, has a flat tire or tires, or becomes out of repair or
out of gasoline for its own propulsion to the extent that it cannot be propelled with
its own power, then the necessary repairs can be made where such vehicle has
been forced to stop, provided that such vehicle can be repaired within a period of
two hours. The vehicle shall not be left unattended. In this section, "Commercial
Motor Vehicle" means a vehicle as defined by section 522.003 of the Texas
Transportation Code.
Sec.74-189. Commercial motor vehicles prohibited on residential streets.
200 South Main Street,P.O.Box 826,Cibolo,Texas 78108 Phone: 210-658-9900 Fax: 210-658-1687
(a) It is unlawful for any person to operate a commercial motor vehicle on any residential
street in the city.
(b) It is a defense to prosecution under this section that the person was operating a
commercial motor vehicle on a residential street to provide a service, make a delivery
or pick up at a residence and that the person used the most direct route to get to the
residence.
(c) In this section, "Commercial motor vehicle" means a vehicle as defined by section
522.003 of the Texas Transportation Code and "residential street" means any street
not shown as a freeway, highway, arterial or major collector on the city's
thoroughfare plan.
C. Section 74-186 is hereby repealed and reserved for future use.
D. The following Article X and the accompanying sections are hereby adopted:
Article X
Vehicles Used for Transportation of Explosives,Flammables, Poisons, Etc.
Sec.74-350. Definitions. In this section:
Compressed gas means any material with a gauge pressure exceeding 40 pounds per
square inch at 70 degrees Fahrenheit; or any flammable material having a Reid vapor
pressure exceeding 40 pounds per square inch, absolute, at 100 degrees Fahrenheit.
Corrosive liquids means liquids which will cause severe damage to living tissue and
to freight by chemical action when in contact therewith. These liquids may also cause
fire when in contact with organic matter or certain chemicals.
Explosive means any chemical compound, mixture or device, the primary or common
purpose of which is to function by explosion.
Flammable liquid means any liquid that that gives off flammable vapors.
Oxidizing materials means substances that yield oxygen readily to stimulate the
combustion of organic matter.
Poisons:
(a) Class A poisons means extremely dangerous poisonous gases or liquids of such
nature that a very small amount of the gas or vapor of the liquid, mixed with air, is
dangerous to life.
(b) Class B poisons means less dangerous poisonous liquids or solids (including
pastes or semi liquids) which are chiefly dangerous by external contact with the body
200 South Main Street,P.O.Box 826,Cibolo,Texas 78108 Phone: 210-658-9900 Fax: 210-658-1687
or being taken internally, as in contaminated foods or feeds. The vapors of some of
this class of poison are also offensive and dangerous, but to a lesser extent than class
A poisons.
(c) Class C poisons means tear gas or irritating substances in liquid form, giving off
dangerous or intensely irritating fumes when exposed to air or upon contact with fire.
(d) Class D poisons means radioactive materials or substances which spontaneously
emit radiations which are capable of penetrating and severely damaging living tissues
and surrounding shipments.
Sec.74-351. Operation on streets or alleys prohibited; exceptions.
(a) It is unlawful for any person to drive or cause to be driven, or operate or maintain,
any motor vehicle, truck, trailer or any other vehicle having thereon or attached
thereto a tank or tanks or other receptacle used for the carrying of explosives,
flammable liquids, flammable solids, oxidizing materials, corrosive liquids,
compressed gas, Class A poisons, Class B poisons, Class C poisons or Class D
poisons, over any street, highway or alley within the corporate limits of the city,
except the following specifically designated streets or highways:
(1) FM 78 within the city limits.
(2) Interstate 10 within the city limits.
(3) FM 1103 within the city limits.
(b) It is unlawful for any person to drive or cause to be driven or operate or maintain any
motor vehicle, truck, trailer or any other vehicle having thereon or attached thereto a tank
or tanks or other receptacle used for the carrying of explosives, flammable liquids,
flammable solids, oxidizing materials, corrosive liquids, compressed gas, Class A
poisons, Class B poisons, Class C poisons or Class D poisons over any street, highway or
alley within the corporate limits of the city for the purpose of traveling through the city
only, except for the following specifically designated highways:
(1) FM78 within the city limits; and
(2) Interstate 10 within the city limits.
Sec.74-352. Parking prohibited when loaded or partially loaded.
It is unlawful for any person to park or cause to be parked or to maintain any truck,
trailer, motor vehicle or any other form of vehicle having thereon or attached thereto
a tank or tanks or other receptacle filled or partially filled with explosives, flammable
liquids, flammable solids, oxidizing materials, corrosive liquids, compressed gas,
class A poisons, class B poisons, class C poisons or class D poisons on any street,
alley, public place or private property within the corporate limits of the city.
200 South Main Street,P.O.Box 826,Cibolo,Texas 78108 Phone: 210-658-9900 Fax: 210-658-1687
Sec.74-353. Parking on streets and alleys prohibited whether loaded or empty.
(a) It is unlawful for any person to park or cause to be parked on any highway, street
or alley within the corporate limits of the city any truck, trailer, motor vehicle or other
form of vehicle having thereon or attached thereto a tank or tanks or other receptacle
used for the carrying of explosives, flammable liquids, flammable solids, oxidizing
materials, corrosive liquids, compressed gas, class A poisons, class B poisons, class C
poisons or class D poisons, whether loaded, partially loaded or empty of such
products.
(b) This section does not apply to the stopping of any such vehicle at filling stations
for service, or to stopping necessitated by the breakdown of such vehicle.
Sec.74-354. Exemptions.
In addition to exemptions specifically granted elsewhere in this division, the
provisions of this division do not apply under the following conditions and
circumstances:
(a) When any such truck, trailer, motor vehicle or any other form of vehicle is
carrying explosives, flammable liquids, flammable solids, oxidizing materials,
corrosive liquids, compressed gas, class A poisons, class B poisons, class C poisons
or class D poisons to commercial consumers, domestic consumers, gasoline service
stations or bulk stations located within the corporate limits of the city.
(b) When any such truck, trailer, motor vehicle or any other form of vehicle is
carrying any of the above products to be used exclusively for its own propulsion.
(c) When any such truck, trailer, motor vehicle or any other form of vehicle, loaded or
partially loaded, has stopped on any street or highway designated in section 5-147 at a
gasoline service station or garage for necessary repairs, with the further provision that
such vehicle not remain at such gasoline service station or garage longer than 30
minutes, unless the police department is notified that it is necessary to remain for a
longer period than 30 minutes.
(d) When any such truck, trailer, motor vehicle or any other form of vehicle needs
immediate repairs and is not loaded or partially loaded with any of the above-named
products and is on a direct route to a garage or to its owner's private property or place
of business exclusively controlled by such owner.
(e) When any such truck, trailer, motor vehicle or any other form of vehicle has
broken down, has a flat tire or tires, or becomes out of repair or out of gasoline for its
own propulsion to the extent that it cannot be propelled with its own power, then the
necessary repairs can be made where such vehicle has been forced to stop, provided
200 South Main Street,P.O.Box 826,Cibolo,Texas 78108 Phone: 210-658-9900 Fax: 210-658-1687
that such vehicle can be repaired within a period of two hours. In such case, the driver
of the vehicle must immediately notify the police department of such forced stoppage,
and during such period of repair, a police officer or someone designated by the police
officer will remain at the place of stoppage to warn other persons using the street or
highway of such danger.
(t) When any such truck, trailer, motor vehicle or any other form of vehicle is loaded
or partially loaded and has broken down and is out of repair to the extent that it
cannot be repaired within two hours and the police department has been notified and
the same is being removed from such place of stoppage or breakdown to a garage or
some other place within the corporate limits of the city, under the direction of the
police department.
(g)When any person is engaged in the business of hauling explosives, flammable liquids,
flammable solids, oxidizing materials, corrosive liquids, compressed gas, class A
poisons, class B poisons, class C poisons or class D poisons and has his place of business
within the corporate limits of the city, he has a right to convey such truck, trailer, motor
vehicle or any other form of vehicle to such place of business without police protection,
provided such vehicle(excluding its own tank or receptacle used for its own propulsion)
is empty and free of all of the above-described products.
Section 3. Severability. That 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 5. Penalty. That any person found guilty of violating this ordinance will be fined not
less than $25 or more than $200.00 for each offense. Notice of the enactment of this ordinance
will be given by publishing the ordinance or its descriptive caption and penalty in the City's
official newspaper one time within 30 days of passage.
PASSED AND APPROVED THIS 24th DAY OF AUGUST 2010.
Jennifer Hartman, Mayor `� • �'-
ATT//E//S//T++: ^ ;
/
Peggy Cimics, City Secretary
200 South Main Street,P.O.Box 826,Cibolo,Texas 78108 Phone: 210-658-9900 Fax: 210-658-1687