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Home My WebLink AboutO-1954-459 I' .-' ~ r-~ , , 'e' /---'. - ,,---., e ,/---....'-.. . - ,. . . .-- " ORDINAIDE 1<<>. 4119 \ I AN ORDlNAroE cRSATlm THE OFFICE: OF FIRE MARSHAL, PRESCRIBIm '!'IE DUTIES THEREOF, PROVIDIm FOR ITS MAl NTE NAJICE , AND PRESCRIBlro: FENALTms FOR VIOLATIONS. BE' IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA roR'1E.: SF.CTION 1. The office of Fire Marshal is hereby created. Such office shall be independent or other city departments, the Fire Marshall reporting directly to the Mayor and City Commission. Such office shall be filled by appointment by the Mayor, by and with the consent of the City Commission 'or Council, within..........days after this ordinance shall take efrect. The said Fire Marshal shall be properly qualified for the duties of his office, and shall be removed only for cause. He shall receive an annual salary ot 'l"~.. .dollars, payable in monthly installments, as full compensation for his services. SEC. 2. The Fire Marshal shall investigate the cause, origin and cir- cumstances of every fire occurring within this city by which property has been destroyed or damaged, and shall especially make investigation as to whether such fire was the result o~ carelessness or design. Such investigation shall be begun within twenty-four hours, not including SUnday, or the occurrence of such fire. The Fire Marshall shall keep in his office a record of all fires, together with all facts, statistics and circumstances, including the origin or the fires and the amount of the loss, which may be determined by the investigation required by this ordinance. SEe. 3. 'The Fire Marshal, when in his op.inion further investigati~n is necessary, shall take or cause to be taken the testimony, on oath, of all persorls dupposed to be cognizant of any facts or to have means of knowledge in relation to the matter under investigation, and shall cause the same to be reduced to writing; and if he shall be of the opinion that there is evidence sufficient' to charge any person with the crime or arson, or with the attempt to commit the crime of arson, or of con- spirac,y to defraud, or criminal conduct in connection with such fire, I he shall cause such person to be lawfully arrested and charged with such offense or either or them, and shall furnish to tn~ proper pro- secuting attorney all such evidence, together with the names of witnesses and' all or the information 'lbtained by him, including a copy of all pertinent and material testimony taken in the case. SEC. 4. The Fire Marshal shall have the power to summon witnesses before him to testify in relation to any matter which is by the pro- visions or this ordinance a subject of inquiry and investigation, and may require the production of any book, paper or document deemed perti- nent thereto. The said Fire Marshal is hereby authorized and empowered to administer oaths and affirmations to any persons appearing as witnesses before him. SEC. 5. A.r13 witness who refuses to be sworn, or who refuses to appear or testify, or who disobeys any lawful order of said Fire Marshal, or who fails or refuses to produce any book, paper or document touching any matter under examination, or who is guilty or &IV 'contemp~uous conduct during any of the proceedings of the Fire Marshal in the matter or said investigation or inquiry, after being summoned to give testimony in relation to any matter under investigation as aforesaid, shall be deemed guiltl or a misdemeanor; and it shall be the duty of t'hfll Fire Marshal to c.use all such offenders to be prosecuted. Aqy person be- ing convicte~ of any such demeanor shall be fined in a sum not exceed- ing twenty-f.ve dollars ($25.00). Provided, however, that any person so con~1cted:shall have the right of appeal. SEC. 6.. All investigations held by or under the direction of the Fire Marshal: may, in his discretion, be private, and persons other than those r~quired to he present may be excluded from the place where such im'estigation is held, and witnesses may be kept separate lIun apart from each other and not allowed to dommunicate with each other until they "ve been examined. ~."'-..... ~, ,...----, e ,,--. - ~...-.. ..... ,.. .~ e. . . " SED. 7 The Fire Marshal shall have the authority at all tilEs of day or night when necessary, in the performance of the duties imposed upon him by the pro- visions of this ordinance, to enter upon and examine any bui~.ing or. premises where any fire has occurred, and other buildings and premise.s adjoining or near the same, which authority shall be exercised only with reason and good discre- tion. ' SEC. 8 The 'Fire Marshal, upon complaint of any person havIng an interest in any building or property adjacent and without any complaint, shall have a right at all reasonable hours, for the purpose of examination, to enter into and upon all buildings am premises within the city, and it shall be his duty, monthly or more often, to enter upon and make or cause to be entered and made, a thorough examination of all mercantile, manufacturing and public building, together with the premises belonging thereto. Whenever he shall find any building or other structure which, for want of repair, or by reason of age or dilapidated condi- tion, or for any cause, is especially liable to fire, and which is so situated as to endanger' other buildings or property, or so occupied that fire would en- danger persons or property therein, and whenever he shall find an improper or dangerous arrangement of' stoves, ranges, furnaces or other heating applicances of any kind whatsoever, including chimneys, flues, and pipes with which the same may be connected, or a dangerous arrangement of lighting devices or systems, or a dangerous or unlawful storage of explosives, compounds, petroleum, gasoline, kerosens, dangerous chemicals, vegetable products, ashes, combustible, inflamma- ble and refuse materials, or other conditions which may be dangerous in character or liable to cause or promote fire or create conditions dangerous to the firemen or occupants, he shall order the same to be removed or remdied, and such order shall be forthwith complied with by the owner or occupant of said building or premises. Provided, however, that if said owner or occupant deems himself aggri- eved by sIich order, he may, within five (5) days, appeal to the Mayor, who shall investigate the cause of the complaint and unless by his authority the order is revoked, such order sha.ll remain in force and be forthwith complied with by said owner or occupant. At the end of each month the' Fire Marshal shall report to the State Fire Marshal all existing hazardous conditions, together with separate report on each f'ire in the city during the month. S&C. 9 AIry owner or occupant of a building or other structure or premises, who shall keep or maintain the same when, for want of repair, or by reason of age or dilapidated cOnGition, or for any cause, it is especially liable +'0 fire, and which is so situated as to endanger buildings or property of otheI1 or is especially liable to fire and which is so occupied that fire would endanger other persons or their property therein, shall be punished by a fine of not less than ten dollars (jlO.OO) nor more than fifty dollars ($50.00). SIOO. 10 Any owner or occupant of any building or other structure, or premises, who shall keep or maintain the same with an improper arrangement of a stove, range, furnace, or other heating applicance of any kind Whatever, including chim- neys, flues and pipes with which the same may be connected, so as to be danger- ous in the matter of fire, or health, or safety of persons or property of others; or who shall keep or maintain any building, other structure or premises with an improper arrangement of a lighting device or system, or with a storage of explo- sives, petroleum, gasoline, kerosene, chemicals, vegetable products, ashes, com- bustibles, inflammable materials, refuse, or with any other condition which shall be dangerous in character to the persons, health or property of others; or which, shall be dangerous in the matter of promoting; a.ugmenting or causing fires; or which shall create conditions dangerous to firemen, or occupants of such building, structure or premises other than the maintainor thereof, shall be punished by a fine of not less than ten dollars ( $10.00) nor more than fifty dollars ($50.00). SIOO. 11 No prosecution shall be brought under Sections 9 and 10 of this ordi- nance until the order provided for in Section 8 be given, am the party notified shall fail or refuse to comply with the same. SEX::. 12 The penalties provided for herein shall be recovered by the city in the same manner as provided by law for the enforcement of fines, forfeitures, am punishmnts for offenses against the city. ,~ ".. .. ....---..... e, ....-...... -- ...-'-~ e ,,.-" --........ . '\ .' , .. . . SEC. 13 EVery day's maintenance of any of the cnditions prohibited in any of the foregoing sections shall be a distinct and separate offense. SEC. 14 All misdemeanors herein provided for shall be prosecuted, aa! all fines and forfeitures herein provided for shall be reco:vered am enforced, in the samB manner as provided by law for the enforcement of fines, forfeitures, penalties aa! punishments for offenses generally against the city. SEC. 15 All ordinances or parts of ordinances in conflict herewith are hereby repealed. Passed and effective this 5th Februarv , 1954. day of , Texas r---'-