HomeMy WebLinkAboutOrd 27 - creating fire marshal
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ORDINANCE NO. Z7.
AN ORDn.rANCE CREATING THE OFFICE OF 1"IRE MARSHAL; PRESCRIBING
'THE DUTillS THER:l:!:OF.; PROVIDING Fan ITS MAINfENANCE; PillJ;SCRIBING
PENALTIES FOR VIOLATIONS, AND DECLARING AN EMERGENCY.
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BE IT ORDAINED BY THE CITY COUNCIL OF' J:HE CITY OF WEST'
IDJIVERSITY PLAcE:
Section 1.
The office of Fire Marshal is hereby cre~ted. 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
days after this ordinai1ce
shall take effect. The said Fire Marshal shall be propB~ly
,qualified for the duties, of his office and shall be l1emoved only
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for cause. He shall receive an annual salary of
Dollars payable in monthly installments, as full
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compensation for his services.,
Se<1lit ion 2.
The Firci Marshal shall investigate the cause, origin and
circumstances o,f every fire occurring within th1scity bYdWhich
property has been destroyed or damaged, and shall especially
make investigation as to V'lhethe~(' 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 circum-
stanc es, including the ol'igin of the fi -res and the Pcmo'..mt of
the loss,' which may 'be determined by the investiga.tion required
by this ordina.nce.
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Section 3.
The Fire Ma:r'shal when in his opinion further investigation
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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 investi-
gation, and shall caU$e the same to be reduced-to writing; and if
he shall be of the opinion that there is evidence sufficient to
charge any persqn 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 wi th such fire, he shall cause
such person to be lawfully arrested and charged. VIIl th such offense "
or, ei the!: of thera, and shall fUl'nish to the proper pI'osecuting
attorney all such evidence, together vd th the names of wi tnesses
and all of the information obtained by him, including a cop~ of
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all pertinent and material testimony taken in the case.
Sect ion 4.
The Fire Marshal shall have the power to summon witnesses
befope 'him to testify in relation to any matter which is b:w
the pI'ovis j.ons of thi s ordinanc e a sub,j ec t of inquiry and imres-
tigation, 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 affir-
mations to any persons appearing as witnesses before him.
Section 5.
Any V/1. tn es s 1J'!ho Tefuses to be sworn, or YJho ]1efuses
to appea r or testify, OJ' who disobeys any lawful. o rde l' 0:['
said Fire W:i:lI'shal, or \ub.o faj_ls or ;J.1efuses to produce any book,
paper ordocmuent touching any matteI' unc3el' exarrdnation, or
wb,o is guilty of any contemptuous conduct during any of the
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prooeedings of the ,Fire IVlarshal in the matter of said.inv.esti-
gat ion or inquiry, afteI' being summoned to give testimony in
relation to any matter under investigation as aforesaid, shall
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be deen:ed :guilty of a misdemeanor; and it sha11. be the duty
of the Fire Marshal to cause all such offenders to beprosecu-'
ted.
Any person being convicted of an;}' such demeanor shall be
fined in a sum not exceeding Twenty Five Dollars ($25'.00).
Provi ded, however, that any person so convicted shall have the
x'ight of appeal.
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Section 6.
All investigation3 held by or under the direction of
the Fire Marshal may, in his discretil\Dn,be private, and persons
other than those required to be present may be excluded from
the place where such investigation is held, and witl).esses may
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be kept separate and apart from each other and not allowed tb
communicate with each other until they have been examined.
Section 7.
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The F'ire MaT'shal shall have the authori ty at all times
of day or night, when necessary, in the performance of the
d'uties imposed upon him by the provisions of this ordinance, to'
enter upon and examine any builging or pl'Emises where any fire
has occurred, and othel" buildings and pI'emises adjoining or/t
near the same, which authority shall be exercised only with
reason ana good discretion.
Section 8.
The Fire Uarshal, upon complaint of any person having
aninte:r'es t in any b:lildin~s or property 8 djacent, and w:1tb,out
any complaint -' ;:1xL8ll have 13. rir;ht nt oIl reasonable hours,
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for the purpose of examination, to enter into and upon all
buildings, and premj,ses within the city, and it shall be
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his duty, monthly or more often, to enter upon and make or
cause to be entered upon and made, .a thorough examination of all
mercantile, manufacturing and public buildings, together with
the premises belonging thereto., \'IIhe neVer he shall find any
building or other structure which, for want of repair, or by
reason of age or ~ilapidated condition, or fOr- any cause, is
especially liable. to fire, and which is so situated as to en-
danger other bUil~~:'TIgs or property, or so occupied that fire
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would endanger persons or property therein, and whenever> he shall
find an improper or dangerous a11rangement of stoves, ranges,
furnanes or other heating appliances of any kind whatsoever,
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including chimneys, flues, and pipes with Which the S&'1le m~y be
connected, or a dangerous arrangement of lighting devices or
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system, or a dangerous or unlawful storage of explosives, com-
pounds, petroleum, gas oline, ,kerosene, dangel'oLls chemicals,
vegetable products, ashes, combustible, inflammable and refuse
materials, or other eonditicms which may be dangerous in char-
acter or liable to cause or prOmote fire or create conditions
dangerous to the fireman or occupants, he shall o'rde 1" the same
to be removed or remedied, and such order shall be forthwith
complied with by the owner or occupant of said b0~lding or
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premises. l-rovided" however" that if, the said, ownel' or
occtipant deems himself aggri~ved by sucb order, he may, within
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five (5) days appeal' to the, mayor,"who s:t~all investigage the
caus e of the complaint and unless by his authority th"e order
is revoked, s'1.o11 ordo' shall remain :Ln fore e and be forthwi th
complied 'iJith by said owner or ocmJ.pant:
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Section 9.
Any owner or occupant of' a building or other structure
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or premises, who shall keep or maintain the same when, for
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want of repair, or by reason of age or dilapidated condition,
or for any cause, it is especially liable to fire, and which i~
so situated as to endanger buildings or property of ~thers, or
is especially liable to fire and which is so occupied that fire
would endanger other persons or their property therein, shall be
Section 10.
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Any owner or oCCl:t.pant of any building or other structure
or premises, who shall keep or maintain the same with an improp-
er arrangement of a stove, r~nge, furnace, or other heatirig app~i-
ance of any kind whatever, including chimneys, flues and pipes
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of others; or who shall keep or maintain any building, other
structure or premises with an improper arrangement of a lightin~'
device or system, or with a storage'of explosives, getrolelli~,
,gasoline, kerosene, chemicals, vegetable products, ashes, conibus-
tibles, inflammable materials, refuse, or with any other condition
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vIhich snal] be dangerrus in character to the persons, health or"
property of others; or which shall be dangerous in the matter of
promoting, augY:lenting Ol' causing fires; or whi eh shall cl'eate
d. t r, "'a--",o'e'''o'LJ.s to -f'lre1-'leYl 01' OCC1J_',O,~. ant,s of such bl1ilding~,s:,
con l i'_.lns Ll-. -'-'0"' _~ -'..!'. -,Cc ,l , c - - c. ,
structuI'e or premises other tban the 'maintainor tller'C'jof, shall
be puni:3hed hy [.1 fine or not less thA.Yl One DoJ.l!H' (~la.oo) nor
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rno r e rHJ tJ 11 l J.. t.J ~\I .j.jO . CL): S ~.} \.) ~ \J ).&
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Section ,11.
No prosecution shall be brouBht under Sections 9 aBd 10
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of this ordinance until the order provided fOI' in Sectj_on 8 be
given, and the party notified shall fail or refuse to comply
vvi th the same.
Section 12.
The penal ties provided for herein shall be recovel~ed
by the city in the same manner as provided by law for the en-
forcernent of fines, fop fei tuX'es, and punisl1..lnents fo:':' offenses
against the city.
Sec.t ion 13.
Every day1s maintenance of any of the conditions
prohibited in any of the foregoing sections shall b~ a distinct
and separate offense.
Section 14.
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All misdemeanors herein provid_ed for shall bepr.osecuted,
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.
Secti0n 15.
All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
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Section 16.
Whereas, public safety demands the immediate passag~
of this ordinance, creating the office of Fir~ Marshal and
empowering the sEdd officie.l 1:;0 discc,lu'ge the duties herein
set out, therefore an en',ergency ezi,sts demanding a su spension
.. 'd" oe +-,0 'be' :t_' f,.' C','.l (-I. on t.hr'e' e ,<1.everal
of tr18 rules requlrlng 01" lnan -' 8 " >. ' - ~
d,-, '\Tn sell rl 1~ule is her0:by - suspended and this ordinance is
a f..' U , c . .'- '-- ..I. t...
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placed on its first reading and final passage and shall be
effective and in full force from and after its p~ssage and
approval.
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?-I" day of
February, 1929.
Passed and approved this
. Attest:
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