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O389ORDINANCE NO. 389 AN ORDINANCE AMENDING CHAPTER 8, ARTICLE II OF THE KENNEDALE CITY CODE (1991), AS AMENDED, BY PROVIDING THE AUTHORITY FOR THE FIRE MARSHAL OF THE CITY OF KENNEDALE TO ENFORCE THE LAWS OF THE STATE OF TEXAS AND CITY ORDINANCES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS OF THIS ORDINANCE; PROVIDING FOR PUBLICATION tN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Kennedale, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the enforcement of laws of the State of Texas as well as City ordinances is an important and vital function of the City of Kennedale; and WHEREAS, the City Council has determined that it is necessary in order to protect the public health, safety and welfare of the citizens of the City of Kennedale that the fire marshals in the City of Kennedale that are certified as peace officers by the State of Texas should have the authority to carry out the laws of the State of Texas as well as City ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: SECTION 1. Sections 8-21, 8-22 and 8-23 of the Kennedale City Code are hereby amended to read as follows: Sec. 8-21. Office created; appointed. The office of fire marshal is hereby created. Such office shall be an independent position, unless designated as a position under a particular city department, as determined by the city manager, with the fire marshal reporting directly to the city manager when no city department is designated. Such office shall be filled by appointment by the city manager and employment shall be at- will. The fire marshal may further designate an assistant fire marshal, deputy fire marshal and other officers to work within the office of the fire marshal. "~, Sec. 8-22. Investigation of fire; records. The fire marshal shall investigate or cause to be investigated the cause, origin and circumstances of every fire occurring within this city by which property has been destroyed or damaged, and shall especially make investigations 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 requred by this article. Sec. 8-23. Enforcement authority; compelling testimony; bringing charges against suspects. The fire marshal, assistant fire marshal, deputy fire marshal, or any other officers who are certified as peace officers by the State of Texas and appointed to work as a fire marshal shall have the authority to enforce the laws of the state and ordinances of the city as allowed by the laws of this state. Authority granted to the fire marshal under this article shall apply to the assistant fire marshal, deputy fire marshal and other officers appointed to work as a fire marshal. 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. If he is 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 material testimony taken in the case. SECTION 2. This ordinance shall be cumulative of all provisions of ordinances of the City of Kennedale, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 3. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid H:\CITY COUNCIL\ORDINANCES\2008 ORDINANCES\ORDINANCE N0. 389, FIRE MARSHAL.DOC (11-21-07) Page 2 judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5. All rights and remedies of the City of Kennedale, Texas, are expressly saved as to any and all violations of the provisions of the Kennedale City Code or other ordinances relating to emergency management and services or fire prevention which have accrued at the time of the effective date of this Ordinance, and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 6. The City Secretary of the City of Kennedale is hereby directed to publish the caption, penalty clause, publication clause and effective date of this Ordinance as required by Section 3.10 of the Charter of the City of Kennedale. SECTION 7. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. H:\CITY COUNCIL\ORDINANCES\2008 ORDINANCES\ORDINANCE N0. 389, FIRE MARSHAL.DOC (11-21-07) Page 3 .~ ~~,,,~~,~~~~P~-SSED AND APPROVED ON THIS 14th DAY OF FEBRUARY, 2008. ,\~ .~~a.• ~ •••.t. :;;~ - ~. ~ ~, --~ ~. ~~s M YOR, BRYAN LANKHORST 4r h , • ~~ aAT~ • , - ... ,, . , .;, ~, ~~~ KATHY TUR ER, CITY SECRETARY EFFECTIVE: v~-~- d 0 APPROVED AS TO FORM AND LEGALITY: G~/~ D~- CITY ATTORNEY H:\CITY COUNCIL\ORDINANCES\2008 ORDINANCES\ORDINANCE NO. 389, FIRE MARSHAL.DOC (11-21-07) Page 4