Ord. 0009 1960-02-18ORDINANCE NO
ADVISORY FIRE MARSHAL ORDINANCE f a -/
AN ORDINANCE creating the office of Fire Marshal, Prescribing the
duties thereof, Providing for its maintenance, and Prescribing penalties
for violations,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND:
SECTION 1, The office of Fire Marshal is hereby created. Such office
shall be independent of other city departments , the Fire Marshal report-
ing 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 5 days after this ordinance shall take effect. The said Fire Mar-
shal shall be removed only for cause. He shall receive an annual salary
of %V dollars, payable in monthly installments , as full
compensation for his services.
SECTION 2, The Fire Marshal shall investigate the cause, origin and cir-
cumstances 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 investi-
gation 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 cuase 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 con-
duct 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 material 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 mat-
ter under examination, or who is guilty of any contemptuous conduct during
any of the proceedings of the Fire Marshall in the matter of said investiga-
tion or inquiry, after being summoned to give testimony in relation to any
matter under investigation as aforesaid, shall be deemed guilty of a misde-
meanor; and it shalt be the duty of the Fire Marshal to cause all such
offenders 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 6 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 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 im-
posed upon him 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 author-
ity 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 examina-
tion, to enter upon and into 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 mercan-
tile, manufacturing and publics buildings, together with the premises be-
longing thereto. Whenever he shall find any building or other structure
which, for want of repair, or by reason of age of 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 im-
proper or dangerous arrangements 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, gasolene, kerosene, dangerous chemi-
cals, vegetable products, ashes, combustible, inflammable and refuse ma-
terials, or other conditions which may be dangerous to the firemen or occu-
pants, he shall order the same to be removed or remedied, and such orn
der shall be forthwith complied with by the owner or occupant deems him-
self 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 by order is revoked, such order shall remain in force and be
forthwith complied with by said owner or occupant. At the end of the
month the Fire Marshal shall report to the State Fire Marshal all exist-
ing hazardous conditions, together with 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 re-
pair, 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 build-
ings or property of others, or is especially liable to fire and which is so
occupied that fire would endanger other persons or their property the rein,
shall be punished by a fine of not less than ten dollars ($10,00) nor more
than fifty dollars ($50, 00),
SECTION 10. 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
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 other; or
which shall be dangerous in the matter or promoting, augmenting or caus-
ing fires; or which shall create conditions dangerous to firemen, or occu-,
pants of such buildings, structure or premises other than the maintainor
thereof, shall be punished by a fine of not less than ten dollars ($10,00)
nor more than fifty ($50,00) dollars.
SECTION 11. 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 refuse to comply with the same.
SECTION 1Z, 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 dayts 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 , for-
feitures, penalties and punishments for offenses generally against the City.
SECTION 15. All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 16. Where, 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 on
three several days, said rule is hereby suspended, and this ordinance is
placed on its first reading and final passage, and shallb a effective and in
full force from and after its passage and approval,
PASSED AND APPROVED this /6t :day of /FAtPc'i /Z V , 1960,
ATT_EST;
Mayo
- Seryetary
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