ORD 657 11/09/2004 ORDINANCE NO. LO /
AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS,
PROVIDING REGULATIONS REQUIRING THE ON-SITE
POSTING OF BUILDING PERMITS; PROVIDING A PENALTY
NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00) FOR
VIOLATIONS; PROVIDING THAT THIS ORDINANCE IS
CUMULATIVE OF ALL OTHER ORDINANCES OF THE CITY
OF CIBOLO; PROVIDING FOR SEVERABILITY; PROVIDING
SAVINGS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Cibolo, Texas, is a Home Rule Municipality located in
Guadalupe County, Texas, created in accordance with provisions of the Texas Local
Government Code and operating pursuant to its adopted City Charter and all applicable
laws and enabling legislation of the State of Texas; and
WHEREAS, the City of Cibolo, Texas, is governed by a Home Rule Charter that was
approved by the Citizens of Cibolo in a duly called election held on September 11, 2004;
and
WHEREAS, the City of Cibolo, Texas, is a home rule municipality empowered under
the Texas Local Government Code, Section 51.001, to adopt an ordinance or rule that is
for the protection of the health, safety and welfare of its citizens; and
WHEREAS, the City of Cibolo, Texas, has adopted permit requirements to ensure that
construction occurs in a manner that protects the public's health, safety, morals and
welfare; and
WHEREAS, the City Council has considered the merits of this ordinance to establish
regulations regarding unlawful intensified or amplified noises and has determined that
this ordinance is necessary to protect the health, safety, morals, and welfare of the
community.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,
TEXAS...
SECTION 1.
INCORPORATION
That the above and foregoing premises are true and correct and are incorporated herein
and made part hereof for all purposes.
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SECTION 2.
ADOPTION
That the Ordinance provisions incorporated in Section 3 herein are hereby adopted by the
City Council of the City of Cibolo, Texas.
SECTION 3.
PROVISIONS
1. ON-SITE POSTING OF PERMIT REQUIRED — It shall be deemed a violation of
this ordinance to engage in any construction, remodeling or other activity in which
a building permit is required by any ordinance, order or regulation of the City of
Cibolo, Texas, without posting a valid permit duly issued by the City of Cibolo,
Texas, on the site prior to the commencement of any construction, remodeling or
other activity in which a building permit is required by any ordinance, order or
regulation of the City of Cibolo, Texas.
2. REQUIREMENTS FOR ON-SITE POSTING OF PERMIT — Permits shall be
placed in a conspicuous manner and in such a way so as to be clearly visible from
the front of the primary structure or at the front property line. Any permits posted
in conformance with this Ordinance that are placed outside shall be posted in a
manner so as to be protected from wind,rain,water, and weather.
3. ON-SITE POSTING OF PERMITS—EXEMPTIONS—The following activities are
exempt from this Ordinance:
a. Construction of new residential or commercial structures.
SECTION 4.
PENALTY
Any person violating any of the provisions of this Ordinance or failing to observe the any
of the provisions hereof, upon conviction shall be deemed guilty of a misdemeanor and
shall be fined, except as otherwise provided herein, in a sum not to exceed five hundred
($500.00) dollars for each offense, and a separate offense shall be deemed committed
upon each day during or on which a violation occurs or continues.
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SECTION 5.
CUMULATIVE CLAUSE
That this ordinance shall be cumulative of all provisions of the City of Cibolo, Texas,
except where the provisions of this Ordinance are in direct conflict with the provisions of
such Ordinances, in which event the more restrictive provision shall apply.
SECTION 6.
SEVERABILITY
That it is hereby declared to be the intention of the City Council of the City of Cibolo that
the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable,
and if any phrase, clause, sentence, paragraph or section of this Ordinance should be
declared unconstitutional by the valid judgment or decree of any court of competent
jurisdiction, such unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs or sections of this Ordinance, since the same would have
been enacted by the City Council without incorporation in this Ordinance of any such
unconstitutional phrase, clause, sentence,paragraph or section.
SECTION 7.
SAVINGS
That all rights and privileges of the City of Cibolo are expressly saved as to any and all
violations of the provisions of any Ordinances affecting the on-site posting of building
permits, which have accrued at the time of the effective date of this Ordinance; and, as to
such accrued violations and all pending litigation, both civil and criminal, whether
pending in court or not, under such Ordinances, same shall not be affected by this
Ordinance but may be prosecuted until final disposition by the courts.
SECTION 8.
EFFECTIVE DATE
That this Ordinance shall be effective immediately upon the passage and approval of the
City Council of the City of Cibolo, Texas.
AND IT IS SO ORDAINED.
PASSED AND APPROVED by a vote of for to against this 9th day of
November, 2004.
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APPROVED:
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Mayor Charles Ruppert
ATTEST:
A • 4 , '
Yv• e Griffin, City Seer:. •
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