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HomeMy WebLinkAbout1939-0026 - Ordinance - 07/06/1939ORDINANCE NO. 26 AN ORDINANCE PRESCRIBING THE DUTIES OF THE OFFICE OF FIRE MARSHALL, PROVIDING FOR ITS.MAINTENANCE AND PRESCRIBING PENALTIES FOR VIOLATIONS.. Be it ordained by the City Council of the City of Col- lege Station, Texas: SECTION I. 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 carelessness or design., Such inves- tigation shall be begun within twenty-four hours, not in- cluding 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, in- cluding the originof the fires and the amount of the loss, which may be determined by the investigation required by this ordinance. SECTION II. 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 cogni- zant 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 lawfully 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 wit- nesses and all of the information obtained by him, including a copy of all pertinent and material testimony taken in the case. SECTION III. The Fire Marshal shall have the power to sum- mon witnesses before him to testify in relation to any mat- ter 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 affirm to any persons appearing as wit- nesses before him. SECTION IV. Any witness who refuses to be sworn, or who re- fuses 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 eny matter under examina- tion, 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 Ordinance No. 26 Continued ---- shall be the duty of the Fire Marshal to cause all such of- fenders 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 V. 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 ex- cluded 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 VI. The Fire Marshal shall have 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 ordi- nance, to enter upon and examine any building or premises where any fire. ahs occurred, and other buildings and premises adjoini.n or near the same, which authority shall be exercised only With reason and good discretion. SECTION VII. 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 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, or dila-idated 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 arrangement of stoves, ranges, furnaces, or other heating apolianccs 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 stor- age of explosives, compounds, petroleum, gasolene, kerosene, dangerous chemicals, vegetable products, ashes, combustible, inflammable and refuse materials, or other conditions which may be dangerous in character or.liable to cause or promote fire or create conditions dan-'erous to the firemen or occu- pants, 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 deeT,P 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 occu- pant. At the end of each month the Fire Marshal shall report Ordinance No. 26 Continued --- to the State Eire Marshal all existing hazardous conditions, together. with separate report on each fire in the city during the month. SECTION VIII. Any owner or occupant of a building or other structure or premises, who shall keep or maintain the same when, for ant of repair, or by reason of age or dilapidated condition, or for any cause, it is especially liable to fire and which is so situated as to endan-er buildings or proper- ty 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 (510.00) nor more than fifty dollars ($50.00). SECTION IX. 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, including chimneys, flues, and pipes with which the same may be con- nected, 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 prem- ises 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 building, structure or premises other thanthe maintainor thereof, shall be punished by a fine of not less than ten dol- lars ($10.00) nor more than fifty dollars ($50.00) . SECTION X. 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 re- fuse to comply with the same. SECTION XI. The penalties provided for herein.shall be re- covered by the city in the same manner as provided by law for the enforcement of fines, foreitures, and punishments for offenses against the city. SECTION XII. Every day's maintenance of any of the conditions prohibited in any of the foregoing sections shall be a dis- tinct and separate offense. SECTION XIII. All misdemeanors herein provided for shall bP prosecuted, and all fines and forfeitures herein provided for shall be recovered and enforced, in the same manner as pro- vided by law for the enforcement of fines, forfeitures, pen- alties and punishments for offenses generally against the city. Ordinance No. 26 Continued --- SECTION XIV. All ordinances or parts of ordinances in fon- flict herewith are hereby repealed. SECTION XV. 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 at two successive meetings, 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 the 6th day of July, 1939 A. D. ATTEST City Secretary ORDINANCE NO. 26 AN ORDINANCE PRESCRIBING THE DUTIES OF THE OFFICE OF FIRE MARSHAL, PROVIDING FOR ITS MAINTENANCE AND PRESCRIBING PENALTIES FOR VIOLATIONS. Be it ordained by the City Council of the City of Col- lege Station, Texas: SECTION I. 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 carelessness or design. Such inves- tigation.shall be begun within twenty-four hours, not in- cluding Sunday, of the occurrence of such fire: The Fire Marshal shall keep in hia office a record of all fires, together with all facts, statistics and circumstances, in- cluding the origin of the fires and the amount of the loss, which may be determined by the investigation required by this ordinance. SECTION II. 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 cogni- zant 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 attemp 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 proper prosecuting attorney all such evidence, together with the names of wit- nesses and all of the information obtained by him, including a copy of all pertinent and material testimony taken in the case. SECTION III. The Fire Marshal shall have the power to sum- mon witnesses before him to testify in relation to any mat- ter 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 affirm to any persons appearing as wit- nesses before him. SECTION IV. tiny witness who refuses to be sworn, or who re- fuses 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 examina- tion, 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 3 Ordinance No. 26 Continued shal]. be the duty of the Fire Marshal to cause all such of. fenders 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 V. 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 ex- cluded 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 VI. The Fire Marshal shall have the authority at all times of day or night, when necessary, in the performace of the duties imposed upon him by the provisions of this ordi- nance, 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 VII. 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 buil.ings 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, 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 arrangement 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 stor- age of explosives, compounds, petroleum, gasolene, kerosene, dangerous chemicals, vegetable products, ashes, combustible, inflammable 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 occu- pants, 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 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 occu- pant. At the end of each month the Fire Marshal shall report 3( Ordinance No. 26 Continued to the State Fire Marshal all existing hazardous conditions, together with separate report on each fire in the city during the month. SECTION VIII. 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 to Tire and which is so situated as to endanger buildings or proper- ty 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 (150.00). SECTION IX. 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, including chimneys, flues, and pipes with which the same may be con- nected, 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 prem- ises 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 building, structure or premises other than the maintainor thereof, shall be punished by a fine of not less than ten dol- lars (¢10.00) nor more than fifty dollars ($50.00). SECTION X. No prosecution shall be brought under Sections 9 and 10 of this ordinance until the order provided for in Section g be given and the party notified shall fail or re- fuse to comply with the same. SECTION XI. The penalties provided for herein shall be re- covered by the city in the same manner as provided by law for the enforcement of fines, foreitures, and punishments for offenses against the city. SECTION XII. Every day's maintenance of any of the conditions prohibited in any of the foregoing sections shall be a dis- tinct and separate offense. SECTION XIII. All misdemeanors herein provided for shallbe prosecuted, and all fines and forfeitures herein provided for shall be recovered and enforced, in the same manner as pro- vided by law for the enforcement of fines, forfeitures, pen- alties and punishments for offenses generally against the city. ogges Ordinance No. 26 Continued SECTION XIV. A11 ordinances or parts of ordinances in con- flict herewith are hereby repealed. SECTION XV. 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 at two successive meetings, 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 the 6th. day of July, 1939 A. D. s/ J. H. Binnev. Mayor ATTEST: s Sidne L. Loveless City Secretary