O68-02KENNEDALE ORDINANCE NO. 68-2
AN ORDINANCE CREATING THE OFFICE OF FIRE
MARSHAL OF THE CITY OF KENNEDALE, TEXAS;
PRESCRIBING THE DUTIES THEREOF: PROVIDING
FOR ITS MAINTENANCE: AND PRESCRIBING PEN-
ALTIES FOR VIOLATIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE,
TEXAS:
1. The office of Fire Marshal 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
fifteen (15) days after this ordinance shall take effect.
The said Fire Marshal shall be properly qualified for the
duties of his office, and shall be removed only for causes.
2. 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 investigation
shall be begun within twenty-four (24) 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.
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 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 or witnesses and all
of the information obtained by him, including a copy of all
pertinent and material testimony taken in the case.
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 in-
quiry 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.
5. 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 any matter under examination,
or who is guilty of any comtemptous conduct during any of the
proceedings of the Fire Marshal in the matter of said inves-
tigation 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 pro-
secuted. Any person being convicted of any such demeanor
shall be fined in a sum not exceeding twenty-five dollars
(S25.00). Provided, however, that any person so convicted
shall have the right of appeal.
6. All investigations held by or under the di-
rection of the Fire Marshal may, in his discretion, be pri-
vate, 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.
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 of this
ordinance, to enter upon and examine any building or pre-
mises 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.
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 mer-
cantile, manufacturing and public buildings, together with the
premises belonging thereto, Whenever he shall find any building
or other structure which, for want or 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 im-
proper 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, pe-
troleum, gasoline, kerosene, dangerous chemicals, vegetable pro-
ducts, 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 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 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.
9. Any owner or occupant of a building or other struc-
ture 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 of not less than ten dollars (10.00)
nor more than fifty dollars ($50.00).
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 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
premises with an improper arrangement of a lighting device
or system, or with a storage of explosives, petroleum, gasb-
line, kerosene, chemicals, vegetable products, ashes, com-
bustibles, 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
dollars ($10,00) nor more than fifty dollars ($50.00).
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 re-
fuse to comply with the same.
12. 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, forfeitures, and punishments
for offenses against the city.
13. Every day's maintenance of ar', of the conditions
prohibited in any of the foregoing sections shall be a distinct
and separate offense.
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.
15. All ordinances or parts of ordinances in con-
flict herewith are hereby repealed.
16. 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 on three several
days, 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 // day of March, 1968,
(
Mayor, It ot iened1e, Texas
ATTEST:
City 'cretary