HomeMy WebLinkAboutOrdinance No. 4 ORDINANCE-NUMBER-
AN ORDINANCE CREATING THE OFFICE OF FIRE MARSHALL,
PRESCRIBING THE DUTIES THEREOF, PROVIDING FOR ITS
MAINTENANCE, AND PRESCRIBING PENALTIES FOR VIOLATIONS:
BE IT ORDAINED BY THE CITY COUNCIL OF THE,CITY OF
FRIENDSWOOD, GALVESTON COUNTY,;'TEXAS: ',,;
SECTION is 'The 'office�'of Fire-Marshat is hereby created,
such office shall beindependent of other city departments , the Fire
'Marshal reporting directly to the Mayor and City Council, Such office
shall be filled by appointment by the Mayor; by and with the consent of.
the City Council, within five days after this Ordinance shall take effect.
He shalt receive an annual salary of
($ ) Dollars , ,payable in monthly installments as full com-
pensation for his services.
SECTION 2: The Fire Marshal, shall investigate the cause ,
origin and circumstances 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 of careless-n
ness or design. Such investigation shall be begun within twenty-four
hours , not inclduding Sunday, of the occurrence of such fire. The Fire
Marshal shall keep in his office a record of all fires , together with all
facts., statistics and circumstances , including the origin of the fires and
the amount of the loss , which may be determined by the investigation
required by this Ordinance;
SECTION 3: The Fire Marshal, when in his opinion further
investigation is necessary, shall take or cause to be taken, the testimony,
on oath, of all persons supposed 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 of arson, or with the attempt to commit the crime of arson, or
of conspiracy to defraud, or criminal conductiin connection with such
fire, he shall cause such person to be LawfuLLy'arrested and charged
with such offense or either of the', and shall furnish to the .proper
prosecuting, attorney all such evidence, together with the names of
witnesses and all of the information obtained by him , including a copy
of all pertinent and material testimony taken in the case; {(
SECTION 4: The Fire Marshal shaLL have the power to 1
summon witnesses before hirn to testify in relation to any matter with {
regard or which is by the provisions of this. Ordinance a subject of
inquiry and investigation, 'and may require the production of any book,
paper, or document_deemed pertinent thereto. The said Fire Marshal
is hereby authorized and empowered to administer oaflis and affirmations f
to any persons appearing as.witnesses before him. -
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SECTION 5: Any 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 'refuse's to produce any book, paper or
document touching any matter under examination, or who is guilty of
any contemptuous conduct during-any;of the proceedirig,s of the Fire
Marshal in the matter of said,investigation or inquiry,{after being sum-
moned to give testimony in relation to any matter under investigation
as aforesaid, shall be deemed guilty of-a,misdemeanor'; and it shall
be the duty of the Fire Marshal to cause alL such offenders to be pro-
secuted. Any person being convicted of any such demeanor shall be
fined in a sum riot exceeding twenty`-five do L'Lars'($25.'00) Provided,.
however, that any person so convicted aforesaid, shall have the right
of appeal.
SECTION 6: ALL investigations .heLd by or under the direction
of the Fire Marshal may, in his discretion , be private, and persons
other than those required to be present may be excLuded'from the place
-where such investigation is ,heLd, and witnesses may be.kept separate '
and apart from each other and not alLowed to communicate with each
other until they have been examined.
SECTION 7: The Fire Marshal shaLL'ha:ve the authority at
all times of day or night, when necessary, in the performance of the
duties imposed upon him by the provisions of this Ordinance; to enter
upon and examine any building or premises where any fire has occurred,
and other building and premises adjoining or near the same, which
authority shall be :exercised only with reason and good discretion.
SECTION 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 upon and into all buildings and 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 buildings, together with the
premises belonging thereto. Whenever he`shaLl find any building or other
kE ucture which, for want of'.repair, or by reason of age or dilapidated
condition, 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 endanger persons or property therein, and whenever he shall
find an improper or dangerous arrangements of stoves , ranges , furnaces
or other heating appliances 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 , compunds , petroleum , ,gasolene , kerosene,
dangerous chemicals , vegetable ,products; ashes , combustible inflam- i
mabLe'and refuse materials ; or other conditions which may be dangerous
to the firemen or occupants , he shall order the same to be removed or
remedied, andsuch order shall be forthwith compli;ecLwith.4 the owner
or occupant deems himself aggrieved by such order, he may, within five
days appeal to the Mayor, who shall investigate the cause of the complaint,
and unless by'his authority the Order-is revoked, such" Ordershall remain'
in force and be forthwith com'plied'with by said' owner of o'r 'oecupant.
At the end of the month the, Fire,Ma,rshaL, shall report to the State Fire j
Marshal aLL existing hazardous conditions; tog'ether with separate report J
on each fire in .the City during the month,
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SECTION 9: Any.owner'ror occupant`oftatbuilding or other
structure or premises , who shall keep or maintain the same when, for
want_ of repair, or by reason of age of dilapidated condition, or for any
cause-, it is especially Liable to fire, and which is so situated as to
endanger buildings or property of others , 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
($10, 00) Dollars nor more than Fifty ($50,00) DoLLars.
SECTION 10: Ahy 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
appliance of any kind whatever, including chimneys, flues,, and ;pipes
with which the same may be connected, so as to-be dangerous 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 wL th a
storage of explosives, petroleum, gasolene, kerosene, chemicaLs•,
vegetable products , ashes , combustibles , inflammable materials , refuse
or with any other condition which shall be dangerous in character to the
persons., health or property of other; or which shall be dangerous in
the matter of promoting, augmenting or causing fires; or which shall
create conditions dangerous to firemen, or occupants of such building,
structure or premises othan than the maintainor thereof, shall be
punished bya fine of not Less than Ten ($10.00) DoLLars nor more than
Fifty ($50,00) Dollars,
SECTION 11: No prosecutim shall be brought under Sections
9 and 10 of this Ordinance until the Order provided for in Section 8 be
given, and the party notified shall fail or refuse to comply with the same. `
SECTION 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 , and punishments for offenses against
the City, j
SECTION 13: Every day's maintanance of any of the conditions `
prohibited in any of the foregoing sections shall be a distinct and separate '
offense.
SECTION 14: ALL misdemeanors,herein provided for shall be
prosecuted, and all=fines- aiid forfeitures herein:.proyided for shall be
recovered and enforced, "in the same manner as provided by Law for the
enforcement of :fines , forfeitures,. penalties and punishments for offenses
generally against the City;
SECTION '15:' ALL drdinances or parts of ordinances in conflict
herewith are he rep ea Led,
'SECTION 16: Where public safety demands the immediate
passage of this Ordinance., creating the office of Fire MarshaL and
empowerin g the said officer to discharge the duties herein set out,
therefore, an emergency exists demanding a suspension of the rules
requiring ordinances. to be read on three several days, said rule is
hereby suspended, and this Ordinance is placed on its, first reading
and final passage; and shall be effective and in full force from and
after its passage and approval.
PASSED AND APPROVED this the" day-of
l
y� CITY, OF.FRIENDSWOOD, TEXAS
v� c a
Mayor
F 3 I�OrPOT to SeaL) ' s .
, ✓yam;;,, Cy 1 �4�
ATTEST:
Ci q Secretary:
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