HomeMy WebLinkAbout37 05-16-1955ORDINANCE NO. 37
AN ORDINANCE CREATING THE OFFICE OF FIRE MARSHAL
WITHIN THE CITY OF EULESS) TEXAS; PROVIDING
FOR APPOINTMENT OF SAID OFFICER, AND COMPENSATION
TO BE PAID FOR, .SERVICES RENDERED BY SAID OFFICER;
PROVIDING FOR INVESTIGATION OF ORIGIN AND CIR--
CUMSTANCE S OF EVERY FIRE OCCURRING IN THE CITY;
PROVIDING FOR RECORDS TO BE KEPT BY SUCH OFFICER;
PROVIDING FOR INSPECTION OF ALL PREMISES WITHIN
THE CITY; PROVIDINIG FOR INVESTIGATIOid AND HEARINGS
IN CONNECTION WITH THE DUTIES OF SAID OFFICER AND
REGULATIONS IN C0NNECTION THEREWITH; PROVIDING
THAT ANY PERSON, FIRM OR CORPORATION VIOLATING
ANY OF THE PROVISIONS OF THIS ORDINANCE SHALL BE
DEEMED GUILTY OF A MISDEMEANOR, AND UPON CONVIC-
TION THEREOF, SHALL BE FINED IN ANY SUM NOT LESS
THAN $10.00 NOR MORE THAN $100.00, EACH DAY' S
VIOLATION SHALL CONSTITUTE A SEPARATE AND DISTINCT
OFFENSE; PROVIDING A SAVING CLAUSE; PROVIDIING FOR
REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PRO-
VIDING FOR AN E II GENCY AND AN EFFECTIVE DATE; THAT
SUCH ORDINANCE SHALL BE IN FULL FORCE AND EFFECT
FROM AND AFTER THE DATE OF ITS PASSAGE AND PUBLICATI0N
AS BY LAW PROVIDED.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULES,S, TEXAS:
I.
THE office of Fire %iarshal be and is hereby created. Such
office shall be independent of other city departments, the Fire
1arshal reporting directly ,y to the Mayor and City Councils Such
office shall be, filled by appointment by the 14ayor, by and with
the consent of the, City Council, within 30 days after the effective
dace and adoption thereof. The said Fire - Ma.rstlal shall be , ')r op.,erly
qualified for the duties of his office, and shall be removed only
for cause. He shall receive such salary, and same be .payable,
as the City Council may decide, as full tourpensation of his services.
IIa
THE Fire �Ia -shal shall investigate the cause, origin and cir-
cumstances Of every fire occurring within the City by Tv17-[jich property
has been destroyed or dama.gPd, and shall especially make investigation
as to whether such fir --e was the result of carelessness or design.
Such investigation shall be begun ti•Tithin twenty --four (24:) ciours, not
including Sunday, of the occurrence of such fire. The Fire Marshal
shall ?peep in his office a record- of all fires, together with all
fac's, statistics and circumstances, including the origLlm .of tho fires
and the amount of the loss, w!'iich may be determined by the investi-
gation -required by this ordinance.
III.
THE Fire 1,1arshal, 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 investigatif)n, 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. thr 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 lawfully arrested and
charged with such offense or either of them, and shall furnish to the
?roper prosecuting attorney all such evidence, together T,,dith the names
of 1.ritnesses and all of the information obtained by him, including a
copy of all t?ertinent and material testimony taken in the eased
IV.
THE Fire I.iarshal 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 inciuiry and investigation, and may
require the production of any book, paper or document deemed ,pertinent
thereto. The said. Fire 1,''arshal is hereby authorized. and e-napo�aered
to administer oaths and affirmations to any persons appearing as
witnesses before him.
V.
ANY witnesses who refuse to be sworn, or who refuse to appear
or testify, or who disobey any lawful order of said Fire Marshal,
or who -fail or refuse to produce a.ny book, .,aper or document touching
any matter under examination, or Wa10 ij s guilty of any contemptuous conduct
during any of the proceed "Lngs of the Fire 14yarshal in the matter of
said. .investigation or incuiry, after being sum:.ioned 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
14arshal to cause all such offenders to be prosecuted. Ferny person being
convicted of any such misdemeanor shall be fined in accordance with
the .penalty as is herein provided.. Provided, hot-,Tever, that any - person
so convicted shall have the right of appeal.
VI.
ALL investigations held by or under the direction of the rite
�ia.r shat, may, in his discretion, be private, and persons other than
those required to be present may be e �ciuded fro xi the place where
such investigation is held, and witnesses may be kept separate and apart
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from each other and not allowed to communicate with each. other
until they have been e xamined.
Vii.
THE Fire 14,-rshal shall 1-.a.v(- the authority at all times of clay
or night, when necessary, in the nerforrazance of duties imposed•
upon hire 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.
Viii.
THE Fire 11''arsl-ial, u )on cornpla,int of any person hav ng an interest
in any building or property ac jac� nt and without any complaint, shall
ha.v e a. right at all reasonable Hours, for the purpose of ex_amina.tion,
to enter into and upon all bu _Id.ings and.. premises within the City,
and it shall 1 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, ma.nufa.ctuaring 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 or
dilapidated condition, or for any cause, is especially liable, to fire,
and irrYaich is so situated as to endanger other building's or property,
or so occupied that fire 1,•rould endanger persons or property therein,
and whenever he shall find an improper or dangerous arrangement of
stoves, ranges, furnaces or other h( »atins appliances of any kind
whatsoever, including chimneys, flues, and pipes with vThi ch the same
may be connected, or a dangerous arra.ngement of lighting devices or
systems, or a dangerous or unlawful storage of explosives, compounds,
petroleum:, gasoline, kerosene, dangerous chemicals, vegetable ,products,
fishes, combustible, inflammable and refuse materials, or other condi-
tions which may be dangerous in character or liable to cause or
oromote fire or create cond.itioins dangerous to the fireman or occupants,
he shall order the some to be removed or remedied, and such order shall
be forthwith complied with by 'the owner or occupant of staid building
or premises. Provided, l-.iowever, that if said owner or occupant deems
himself aggrieved by such 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 shall remain
in force and be forthwith complied with by said owner or occupant
At the end of each month the Fire ixllarsha.l shall report to the State
Fire Marshal a.L existing haza.rd_ous conditions, together with separate
report on each fire in the city during the month.
IV.
KNI' owner or occupant of a building or other structure or Pre-
-m
ses, orho shall keep or maintair. the same when, for want of repair,
or by reason of age or dila..pidated condition, or for any cause, it
i s e specially liable to fi re, and wiaich i s so situated as to endanger
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buildings or nropPrty of others, or is especially liable to fire
and which is so Occupied that fire iTould endanger other persons
or their 'property therein.? shall be punished by a fine in accord -
a.nee wi th the penalty as i .s herein provided.
X.
ANY owner or occupant of any building or other structure, or
premises, i,,ho shall �,�eep or maintain the same with an improper
arrangement of a, stove, range, furnace, or other heating ap?iiance
of any kind ?MTh:. ?.tever, 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, ether structure
or premises with an improper arrangement of a lighting device, or
with P. storage of explosives, petroleum, gasoline, kerosene, chemicals,
vegetable products, ashes, combustibles, inflammable materials, refuse,
or with any other condition U,�� ich 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 fire or 'vJhic!a
shall create conditions dangerous to firemen, or occupants of such
building, structure or 'remises other than the maintainor thereof,
shall,be punished by a fine in accordance ivi th the penalty as is herein
provided.
Xi.
�1) Any person, firm or corporation who violates any of the
provisions of this ordinance, shall be deemed guilty of a misdemeanor,
and upon conviction thereof, shall be fined in any sum not less than
Ten Dollars (; 10.00) and not more than One Hundred Dollars (: 100.00);
each day that such violation continues shall constitute a separate
and distinct offense.
(2) But in case of any willful violation of any of the terms and
provisions of this ordinance, th.e City of Euless, Texas, in addition
to imposing the penalties above provided, may institute any aDpro-
priate action or proceedings in any court having .)roper jurisdiction,
to restrn.in, correct or abate such violation; and the definition
of any violation of the terms of this s ordinance as a misdemeanor,
shall not preclude the City of Euless from invoking the civil remedies
given it by the laws of the State of Texas, but same shall be cumulative
and subject to prosecution as hereinabove prescribed for such violation.
Ill T .
1,10 prosecution shall be brought under Section 9 and 10 of this
ordinance until the orderprovided for in Section 9 be given, and the
party notified shall fail or refuse to comply with the same.
THE ?penalties provided for herein sha.11 be recovered by the City
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in the same manner as provided by later for the enforcement of fines,
forfeitures and punislunents for offenses against the 'ity.
YI V
ALL misdemeanors herein provided for shall be _Qrosecu.ted, and all
fines and forfeitures herein provided_ for shall be recovered and enforced.,
in the same manner as provided b, lave for the enforcement of fines,
forfeitures, penalties and punishments for offenses generally against
the City.
X Y s
SHOULD any section, article, provision or part of this ordinance
be.-declared to be unconstitutional and void by a court of competent
jurisdiction, such decision shall in no way affect the validity of
any of the remaining parts of this ordinance unless the lea -ant helC_ un-
ccnstitutional and void is inseparable from and indispensable to the
over. ation of the remaini ng parts. The City Council heroblT declares that
it would have gassed those parts wcich may be unconstitutional if it had
IinOTfrn that such parts ?rerF UnCOnStltLltiOI18.�. at �11E' tiri(? Of Passage
of this ordinance.
xv I.
ALL ordinances or parts of ordinances in conflict herewith
are hereby repealed
YVII.
HTERFAS, public safety demands the immediate passage of this
ordinance, creating the office of Fire Marshal and empowering the
S2-id officer to discharge the duties herein set out, creates an
emergency and an imperative public necessity, requiring that all
rules be suspended and that this ordinance be passed as an emergency
measure and be and become effective on and as of the dote of its
introduction, passage and publication as by law provided.
/� A �
ADOPTED THIS 16th day of May A. D. 1955.
APPROVED
A`I' � ST
Irr SFORE'TARY