ORD 215 02/06/1975 41i dill
110 111,
ORDINANCE NO. 215
AN ORDINANCE CREATING THE OFFICE OF FIRE MARSHAL, PRESCRIBING THE
DUTIES THEREOF, PROVIDING EOR ITS MAINTENANCE, AND PRESCRIBING
PENALTIES FOR VIOLATIONS.
1R} IT ORDAINED BY THE CITY COMMISSION OR COUNCIL OF THE CITY OF CIBOLO:
SECTION 1 . The office of Fire Marshal is hereby created. Such office
shall be independent 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 Council, within
7 days after this ordinance shall take effect. The said Fire Marshal
shall be removed only for cause. He shall receive an annual salary of
-0- dollars, payable in monthly installments, as full compensation 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 made investigation as
to whether such fire was the result of carelessness or design. Such investi-
gation shall be begun within twenty-four hours, not including 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 orgin 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
conduct in connection with such fire, he shall cause such person to be law-
fully arrested and charged with such offense or either of them, 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 summon witnesses
before him to testify in relation to any matter 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 oaths and
affirmations 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 refuses to produce any book, paper or document touching any
matter under examination, or who is guilty of any contemptuous conduct during
any of the proceedings of the Fire Marshal in the matter of said investigation
or inquiry, after being summoned 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
prosecuted. Any person being convicted of any such demeanor shall be fined
in a sum not exceeding twenty-five dollars ($25.00) . Provided, however, that
any person so convicted 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 re=
quired 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 have the authority at all times of day
or night, when necessary, inthe 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 buildings 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 in-
terest 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 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 structure which, for want of repair, or by reason of age
I 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,
compounds, petroleum, gasoline, kerosene, dangerous chemicals, vegetable pro-
ducts, ashes, combustible, inflammable and refuse materials, or other conditions
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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 remedied, 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 aggrieved by such order, he may, within
five (5) days, appeal to the Mayor, who shall investiga§e tje catse of the com-
plaint and unless by his authority the order is revoked, such order shall 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 fire in
the city during the month.
SECTION 9 . Any 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 condition, or for any cause, it is especially liable
toyfire, 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 dollars ($10.00) nor more than fifty dollars ($50.00) .
SECTION 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 appliance of any kind whatever, in-
cluding 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 with 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 others; 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 buildings, structure or premises other than the
maintainor thereof, shall be punished by a fire of not less than ten dollars
($10.00) nor more than fifty dollars ($50.00) .
SECTION 11 . No prosecution 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, for-
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feitures, and punishments for offenses against the city.
SECTION 13. Everyday's maintenance of any of the conditions prohibited
in any of the foregoing sections shall be a distinct and separate offense.
SECTION 1L . All misdemeanors herein provided for shall be prosecuted,
and all fines and forfeitures herein provided 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 ordinances or parts of ordinances in conflict herewith
are hereby repealed.
SECTION 16. Whereas, public safety demands the immediate passage of this
ordinance, creating the office of Fire Marshal and empowering 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.
Approved this 6th day of February, 1975
43-‘10()-Cit/4 -Z
F. S. Schlather Mayor
Attest:
Linda N. Ling 'tyretary
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