The text
Footnotes:
--- (3) --- Editor's note— Ord. No. 2024-19, § 7, adopted Aug. 13, 2024, repealed the former Art. III., §§ 46-61—46-68, and enacted a new Art. III as set out herein. The former Art. III pertained to similar subject matter and derived from the 1979 Code, ch. 5, §§ 3(A—D, G, H,).
State Law reference— State fire marshal, V.T.C.A., Government Code ch. 417.
Sec. 46-61. - Office created.#
The office of fire marshal is hereby created, as a full-time position with the city. Such office shall be situated within the fire department, the fire marshal reporting directly to the fire chief. Such office shall be filled in accordance with the city charter, municipal ordinances and the city's personnel policies, as same may be amended from time to time. The fire marshal shall be properly qualified for the duties of such office and shall be removed only for cause.
(Ord. No. 2024-19, § 7, 8-13-24)
Sec. 46-62. - Investigation of all fires.#
The fire marshal shall investigate the cause, origin and circumstances of every fire occurring within the city by which property has been damaged or destroyed and shall especially make investigation as to whether such fire was the result of carelessness or design. Such investigation shall be begun within 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 loss, which may be determined by the investigation required by this article. State Law reference— Investigation of fire by state Fire Marshal, V.T.C.A., Government Code § 417.007.
(Ord. No. 2024-19, § 7, 8-13-24)
Sec. 46-63. - Taking of testimony and furnishing evidence.#
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 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, 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 information obtained by him, including a copy of all pertinent and material testimony taken in the case.
(Ord. No. 2024-19, § 7, 8-13-24)
Sec. 46-64. - Summoning of witnesses.#
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 article, a subject of inquiry and investigation, and may require the production of any book, paper or document deemed pertinent thereto. The fire marshal is hereby authorized and empowered to administer oaths and affirmations to any persons appearing as witnesses before him.
(Ord. No. 2024-19, § 7, 8-13-24)
Sec. 46-65. - Refusing to be sworn.#
Any witness who refuses to be sworn; who refuses to appear or testify; who disobeys any lawful order of the fire marshal; 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 the investigation or inquiry, after being summoned to give testimony in relation to any matter under investigation, may be criminally charged with a misdemeanor. and in the event of any offense, the fire marshal shall institute a complaint to be prosecuted in the appropriate court having jurisdiction of the matters.
(Ord. No. 2024-19, § 7, 8-13-24)
Sec. 46-66. - Investigations private.#
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. Witnesses may be kept separate and apart from each other and not allowed to communicate with each other until they have been examined.
(Ord. No. 2024-19, § 7, 8-13-24)
Sec. 46-67. - Authority to enter premises.#
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 subchapter, 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.
(Ord. No. 2024-19, § 7, 8-13-24)