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<br />ORDINAIDE 1<<>.
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<br />4119
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<br />AN ORDlNAroE cRSATlm THE OFFICE: OF FIRE MARSHAL, PRESCRIBIm '!'IE DUTIES
<br />THEREOF, PROVIDIm FOR ITS MAl NTE NAJICE , AND PRESCRIBlro: FENALTms FOR
<br />VIOLATIONS.
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<br />BE' IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA roR'1E.:
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<br />SF.CTION 1. The office of Fire Marshal is hereby created. Such office
<br />shall be independent or other city departments, the Fire Marshall reporting
<br />directly to the Mayor and City Commission. Such office shall be filled
<br />by appointment by the Mayor, by and with the consent of the City Commission
<br />'or Council, within..........days after this ordinance shall take efrect.
<br />The said Fire Marshal shall be properly qualified for the duties of his
<br />office, and shall be removed only for cause. He shall receive an annual
<br />salary ot 'l"~.. .dollars, payable in monthly installments, as full
<br />compensation for his services.
<br />SEC. 2. The Fire Marshal shall investigate the cause, origin and cir-
<br />cumstances of every fire occurring within this city by which property
<br />has been destroyed or damaged, and shall especially make investigation
<br />as to whether such fire was the result o~ carelessness or design. Such
<br />investigation shall be begun within twenty-four hours, not including
<br />SUnday, or the occurrence of such fire. The Fire Marshall shall keep in
<br />his office a record of all fires, together with all facts, statistics
<br />and circumstances, including the origin or the fires and the amount of
<br />the loss, which may be determined by the investigation required by this
<br />ordinance.
<br />SEe. 3. 'The Fire Marshal, when in his op.inion further investigati~n
<br />is necessary, shall take or cause to be taken the testimony, on oath, of
<br />all persorls dupposed to be cognizant of any facts or to have means of
<br />knowledge in relation to the matter under investigation, and shall cause
<br />the same to be reduced to writing; and if he shall be of the opinion
<br />that there is evidence sufficient' to charge any person with the crime or
<br />arson, or with the attempt to commit the crime of arson, or of con-
<br />spirac,y to defraud, or criminal conduct in connection with such fire, I
<br />he shall cause such person to be lawfully arrested and charged with
<br />such offense or either or them, and shall furnish to tn~ proper pro-
<br />secuting attorney all such evidence, together with the names of
<br />witnesses and' all or the information 'lbtained by him, including a copy
<br />of all pertinent and material testimony taken in the case.
<br />SEC. 4. The Fire Marshal shall have the power to summon witnesses
<br />before him to testify in relation to any matter which is by the pro-
<br />visions or this ordinance a subject of inquiry and investigation, and
<br />may require the production of any book, paper or document deemed perti-
<br />nent thereto. The said Fire Marshal is hereby authorized and empowered
<br />to administer oaths and affirmations to any persons appearing as
<br />witnesses before him.
<br />SEC. 5. A.r13 witness who refuses to be sworn, or who refuses to appear
<br />or testify, or who disobeys any lawful order of said Fire Marshal, or
<br />who fails or refuses to produce any book, paper or document touching
<br />any matter under examination, or who is guilty or &IV 'contemp~uous
<br />conduct during any of the proceedings of the Fire Marshal in the matter
<br />or said investigation or inquiry, after being summoned to give testimony
<br />in relation to any matter under investigation as aforesaid, shall be
<br />deemed guiltl or a misdemeanor; and it shall be the duty of t'hfll Fire
<br />Marshal to c.use all such offenders to be prosecuted. Aqy person be-
<br />ing convicte~ of any such demeanor shall be fined in a sum not exceed-
<br />ing twenty-f.ve dollars ($25.00). Provided, however, that any person
<br />so con~1cted:shall have the right of appeal.
<br />SEC. 6.. All investigations held by or under the direction of the
<br />Fire Marshal: may, in his discretion, be private, and persons other
<br />than those r~quired to he present may be excluded from the place where
<br />such im'estigation is held, and witnesses may be kept separate lIun
<br />apart from each other and not allowed to dommunicate with each other
<br />until they "ve been examined.
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