A home rule city may exercise all powers set out in its charter so long as the powers are not denied it by the Constitution or general statutes. We have found no constitutional or statutory provision which would prohibit a home rule city from appointing a fire marshal and giving him subpoena powers to investigate fires, if authorized by the city's charter. A general law city must, of course, look to the Legislature for its power. And generally to establish such regulations for the prevention and extinguishment of fires as the city council may deem expedient. So long as the actions of the city council are found to be necessary and reasonable, the discretion granted by article 1068 is broad.
Cities have a responsibility to the public to afford protection from the hazard of fire.
This cannot be done without power to make reasonable regulations and the right to exercise a reasonable discretion in determining what is needed under the circumstances. This discretion is limited to regulations which are necessary and reasonable. We believe the discretion conferred by article 1068 is sufficiently broad to authorize the city council of a general law city to create the position of fire marshal and grant subpoena powers to the fire marshal. The city council might legitimately conclude that such actions are both reasonable and necessary to protect against the hazard of fire and to facilitate the investigation of destructive conflagrations. Such a conclusion would be consistent with the actions of the Legislature in creating the office of State Fire Marshal and conferring investigative and subpoena powers on that officer.