HomeMy WebLinkAboutOrdinance 0079
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ORD INA~JCE NO.
79
AN ORDINANCE CREATING THE OFFICE OF FIRE
MARSHALL WITHDJ THE CITY OF NORTH RICHLAND
HILLS, TEXAS: PROVIDING FOR APPOINTMENT
OF SAID OFFICER AND COMPENSATION TO BE
PAID FOR SERVICES RmmERED BY SAID OF:F'ICER:
PROVIDING FOR IrTVESTIGATION OF ORIGIN AND
CIRCUMSTANCES OF EVERY FIRE OCCURING IN
T"ΠCITY: PROVIDING FOR RECORDS TO BE KEPT
BY SUCH OFFICER: PROVIDING FOR INSPECTION
OF ANY PREMISES /VITHIN THE CUY: PROVIDING
FOR INVESTIGATION .AND HEARINGS IN CONNECT-
ION WITH THE DUT IES OF SAID OFFICER AND
REGULATIONS IN C01ilJECTION THEREWITH: PRO-
VIDI~G THAT ANY PERSON1 FIRM OR CORPORATION
VIOLATING .ANY OF THE PROVISIONS OF THIS
ORDn-rANCE SHALL BE DEEMED GUILTY OF A MIS-
DEMEANOR, AND UPON CONVICT ION THEREOF, SHALL
BE FINED IN ANY SUM NOT LESS THAN $10.00
NOR MORE TRA.N $100.00, EACH DAY'S VIOLATION
SHALL CONSTITUTE A SEP~rE AND DISTINCT
OFFENSE: PROVIDING A SAVING CLAUSE: PROVIDING
FOR REPEAL OF ALL ORD INANCES IN CONFL ICT
HEEEWITH: PROVIDING FOR AN EMERGENCY AND AN
EFFECTIVE DATE: THAT SUCH ORDINANCE SHALL BE
IN FULL FORCE At'lfD EFFECT FROM AND AFTER THE
DATE OF ITS PASSAGE .AND PUBLICATION AS BY
LAW PROVIDED.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
(I)
The office of Fire 1~shal be and 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 City Council. within 30 days after the effec-
tive date and adoption thereof. The said Fire Marshal shall be
properly qualified for the duties of his office I and shall be
removed only for cause. He shall receive such salarYI and same
be payable, as the City Council may decide, as full compensation
of his services.
(II)
The Fire Marshal shall investigate the cause, origin and cir-
cumstances of every fire occuring within this City by which property
has been destroyed or damaged and shall especially make investigation
as to whether such fire was the results of carelessness or design.
Suoh investigation shall be begun within twenty four (24) hours, not
including Sunday, of the occurence of such fire. The Fire Marshal
shall keep a record of all fires, together with all facts, statistics
and circumstances, including the origin of the fires and the amount
of loss, which m~ be determined by the investigation required by the
Ordinanoe.
(III)
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,
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(2)
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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 commdt the
crime of arson_ or of conspiracy to defraud_ or criminal conduct
in connection with suoh 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 witnesses and all of the infor-
mation obtained by him, including a copy of all pertinent and mater-
ial testimony taken in the case.
(IV)
The Fire Marshal shall have the power to summon witnesses be-
fore him to testify in relation to any matter which is by the
provisions of this ordinance a subject of inqui~ and investi-
gation" and may require the production of any books, paper or
dooument deemed pertinent thereto. The said Fire 1krshal is here-
by authorized and empowered to administer oaths and affirmations
to any persons appearing as witnesses before him.
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(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 any book, paper or document touoh-
ing any matter under examination" or who is guilty of any contempt-
uous 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 oause all suoh offenders to be pro-
secuted. Any person being convicted of any suoh misdemeanor shall
be fined in aooordance with the penalty as is herein provided. Pro-
vided_ however, that any person so oonvicted shall have the right of
appeal.
(VI)
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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 plaoe where
suoh 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.
(VII)
The Fire Marshall shall have the authority at all times of day
or night" when necessary, in the performances of duties imposed upon
him by the provisions of this ordinance, to enter upon and examine
any building or premises where any fire has occured, and other build-
ings mld premises adjoining or near the same, whioh authority shall
be exeroised only with reason and good disoretion.
(VIII)
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The F:Dre Marshal, upon complaint of any person having an in-
terest in any building or property adjacent and without any com-
plaint, 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
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(3)
reason of age or delapidated condition, or for any oause, is espeo-
ially liable tc fire, and ì~ich is so situated as to endanger ether
buildings or property, or so occupied that fire would endanger per-
sons 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 vfuich the same may be connected, or a dangerous arrange-
:ment of lighting devices or systems, or a dangerous or unlawful storage
of explosives, compounds, petroleum, gasoline, 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 occupants, he shall order the same to be
removed or remedied, and such order shall be forthwith oomplied
with by the 01mer or occupant of said building or premises. Pro-
vided, 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 complainant 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.
(IX)
Any owner or occupant of a building or other structure or pre-
mises, who shall keep or maintain the same when, for want of repair,
or by reason of age or delapidated condition, or for any cause, it is
especially liable to fire, and wh ich 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 in accordance with the
penalty as is herein provided.
(x)
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 connected, so as to be dangerous in the matter
of fire, or health# or sa.fety 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 with a storage
of explosives, petroleum# gasoline, 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, alJ.gmenting or causing fires; or which shall create con-
ditions da.ngerous to firemen, or occupants of such building, structure
or premises other than the maintainer thereof, shall be punished by
a fine in accordance with the pena.lty as is herein provided.
(XI)
(1) Any person, fi~ or corporation who violates any of the pro-
visions 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 sha.ll constitute a separate
and distinct offense.
(2) But in ca.se of any willful viola.tion of any of the terms and
provisions of this ordinance, the City of North Richland Hills, Texas,
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(4)
in addition to imposing the penalties above provided, may institute
any appropriate action or proceedings in a~ court having proper
jurisdiction of any violation of the terms of this ordinance as a mis-
demeanor, shall not preclude the City of North Richland Hills from in-
voking the civil remedies given it by the laws of the state of Texas,
but same shall be cumulative and subject to prosecution as herein above
prescribed for such violations.
(XII)
/ No prosecution shall be brought under Section 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 wdth the same.
(XIII )
The penalties provided herein shall be recovered by the City in
the Sa.m9 manner as provided by law for the enforcement of fines, for-
feitures, penalties and punis~~ents for offense generally against
the City.
(XIV)
All misdemeanors herein provided for shall be prosecuted, and all
fines and forfeitures herein provided for shall be recovered and en-
forced, in the same manner as provided by law for the enforcement of
fines, forfeitures, penalties and punishments for offenses generally
against the City.
(xv)
Should a~ section, article, provision or part of this ordinance
be declared to be unconstitutional En d void by a court or competent·
jurisdiction, such decision shall in no way affeot the validity of any
of the remaining parts of this ordinance unless the part held unconsti-
tutional and void is inseparable from and indispensable to the operation
of the remaining parts. The City Council hereby declares that it would
not have passed those parts which may be unconstitutional if it had known
that such parts were unconstitutional at the time of passage of this
ord inan ce .
(XVI)
All ordinances or parts of ordinance in conflict herewith are hereby
repealed.
(XVII)
Whereas, public safety demands the immediate passage of this ordinance,
creating the office of Fire Marshal and empowering the said officer to dis-
charge the duties herein set out, creates an emergency and an imperative
public necessity, requiring that all rules be suspended and that this crdi-
nance be passed as an emergency measure and be and become effective on and
as of the date of its introduction, passage and publication as by law
provided.
.ADOPTED 1'HIS
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APPROVED:
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