HomeMy WebLinkAboutOrdinance No. 561 CITY OF THE COLONY, TEXAS
AN O~INANCE OF THE CITY OF THE COLONY, TEl[AS A~ENDING
CHAPTER 9v SECTION I{B] BY C~E~TING THE OFFICE OF FII{E
NAESRAL~ P~ESCRIEING THE DUTIES T~EREOF~ PROVIPING FOR
ITS MAINTENANCE~ PROVIDING A PENALTY~ DECLARING AN
E~ERGENCY AND PROVIDING AN EFFECTIVE DATE
NON, TBEREFOI~E, BE IT ORDAINED BY ?BE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
That Chapter 9, Section 1 (b) shall be amended in the
following particulars:
Section 1. The office of Fire Marshal is hereby created.
Such office shall be under the direction of the Fire Chief; the
Fire Marshal reporting directly to the Fire Chief. The Fire
Marshal shall carry out those duties as enumerated in the Uniform
Fire Code (as adopted in Section 9-3), including, but not limited
to the inspection of all new construction.
Section 2. The Fire Marshal shall investigate the cause,
origin and circumstances of every fire occurring within the City
of The Colony 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 investigation
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 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 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 witnesses and all of the information obtained by
him, including a copy of all pertinent and mater±al 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.
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 misdemeanor shall be fined
in a sum not exceeding Two Thousand Dollars ($2000.00).
Provided, however, that any person convicted shall have the right
to appeal.
Section 6. All investigations held by or under the
direction of the Fire Marshal may, at 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 have the authority at
all times of day or night, when necessary, in the performance of
the duties imposed upon him by the provisions if 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 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 or other structures 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 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 complied with by the owner or occupant of such 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 City Manager, who shall investigate the cause
of the complaint and unless by their 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 a 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 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 not to exceed Two Thousand Dollars ($2000.00).
Section i0. 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 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, 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 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, structures
or premises other than the maintenance thereof, shall be
punishable by a fine not to exceed Two Thousand Dollars
($2000.0O).
Section 11. No prosecution shall be brought under
Sections 9 and 10 of this ordinance until the order provided for
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 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.
Section 13. Every day's maintenance 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 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. That this ordinance shall be cumulative of
all other ordinances of the City affecting fire safety and shall
not repeal any of the provisions of said ordinances except in
those instances where provisions of those ordinances are in
direct conflict with the provisions of this ordinance.
Section 16. The fact that the present ordinances and
regulations of the City of the Colony, Texas, are inadequate to
properly safeguard the health, safety, morals, peace, and general
welfare of the inhabitants of the City of The Colony, Texas,
creates an emergency for the immediate preservation of the public
business, property, health, safety, and general welfare of the
public which requires that this ordinance creating the office of
Fire Marshal and empowering the said officer to discharge the
duties herein set out become effective from and after the date of
its passage and it ~. accordingly so ordained.
~_~ day'~ of V/A~/. , ~988.
PASSED
this
APPROVED:
Don A~l~k,
ATTEST:
'~s, City Secretary