El Paso herald. (El Paso, Tex.) 1901-1931, 1910-07-02
Legal Notices.


| IN ANCL
Creating the Office of Fire Marshal, Pre-
scribinS the Duties Thereof, Provid-
ing for Its Maintenance and Prescrib-
| ing Penalties for Violations
BE IT ORDAINED BY THE CITY
| COUNCIL OF THE CITY OF Ell PASO.
Section 1. The office of Fire Marshal
is hereby created. Such office shall De
independent of other city departments
the Fire Marshal reporting directly to
the Mayor and City Council: Such or
flee shall be filled by appointment by
the City Council, within ten 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 cause)
He shall receive an annual salary OF
| 10000 dollars, payable in monthly in
stallments, as full compensation for his
Section 2. The Fire Marshal snail in
| vestigate the cause, origin and circum-
| stances of every fire occurring within
| the City of Ell PasO. 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 1nvestiga-
| tiOn shall be begun within twenty-four
hours, not including Sunday. of the
| occurrence of such fire. The Fire Mar,
| Of all fires occurring within the city,
! together with all facts, statistics and
| circumstances, including the origin or
1 the fires and the amount Of the loss,
| which may be determined by the inves
| tigatlon required by this ordinance
| Such record shall at all times be open
| to public inspection.
Section g The Fire Marshal when in
! his opinion further investigation Il nee
essary, shall take or cause to be taken
the testimony on oath of all persons
or to have means of knowledge in rela-
ton to the matter as TO which an exam
! ination Is herein required TO be made.
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 COM
nit the crime of arson. or of conspiracy
TO defraud. criminal conduct, in con-
nection with such fire, he shall cause
such person to be arrested and charged
with such offense or either of them. and
shall furnish to the proper prosecuting
attorney all such evidence, together
the information obtained by him, in
GLIDING a copy of all pertinent and ma
terial testimony taken in the case.
Section 4. The Fire Marshal shall
have the power to summon and compel
the attendance of witnesses before him
to testify in relation TO any matter
which is by the provisions OF this ordi-
nance 4 subject Of inquiry and investi-
cation. and may require the production
Of any book, paper or document deemed
pertinent thereto The said Fire Mar
shall is hereby authorized and empow-
cred to administer oath and affirma-
tiOns 70 any persons appearing as wit
nesses before him. and false swearing
in any matter or proceeding aforesaid
shall be perjury and shall be punished
as such. Any witness who refuses to
be sworn or who refuses to 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 examina-
ton, or who is guilty of any conIemptu-
give testimony in relation to any mat
ter under investigation as aforesaid,
shall be deemed guilty of a misdemean-
or and it shall be the duty of the Fire
Marshal TO make complaint against said
person or persons so refusing to COM
ply with the summons or order of said
peace police ma gistrate or in any court |
of record within the city, and upon the
filing of such complaint, such cause |
shall proceed in the same manner as |
other criminal cases and upon convic- |
ton of any such person guilty of a I
of the provisions of this ordi- |
ceeding twenty-five dollars (s25.00) or |
Imprisonment for not exceeding
days: Provided, however, that any per- |
son so convicted shall have the right of |
appeal. All Investigations held BY or /
under the direction of the Fire Mar |
shall may, in his discretion be private |
and persons other than those required |
to be present may be excluded from /
the place where such inveStiga ton is
held, and witnesses may be kept sepa-
rate and apart from each other and not
er until they have been examined
Section 5. The Fire Marshal shall
nave the authority at all times of day |
Or night, in the performance of the |
duties imposed upon him by the provis-
onS 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.
Section 6. The Fire Marshal. upon
complaint of any person having an in
crest IN or
cent, and without any complaint, shall |
rave & right at all reasonable hours,
or the purpose of examination to en-
er into and upon all buildings and
premises within the city, and it shall
De his duty, quarterly or more often,
% enter upon and make or cause to be
lmination of all mercantile, manufac-
uring and public buildings, together
With the premises belonging thereto.
" heneVer he shall find any building
n other structure which for want Of
epair, OF by reason Of age or dilapi-
lated condition. or for any cause, is
ituated as to endanger other buildings
r property, or so occupied shat fire
you'd endanger persons or property |
herein, and whenever he shall find an |
improper or dangerous arrangement of |
toVes, ranges, furnaces or other heat
ng appliances of any kind whatsoever, | ,
n a; ehimneys. flues and pipes,
Nth which the same may be connected. | ,
dan gerous arrangement of lighting |
evices or systems, or a dangerous or
nlaWful storage Of explosives. COM
ounds, petroleum, gasoline, kerosene,
angerous chemicals, vegetable prod ;
cts, ashes, combustibles, inflammab BILE
M refuse materials, or other. condi- r
ons which in his opinion may be dan I
erous In character or liable to cause . .
promote fire or create conditions Z
angerous to the firemen or occupants
shall order the same to be removed | :,
r remedied. and such order shall be !
orthwith complied with by the owner :
occupant Of said building or prem :
es; Provided, however, that If the !
I'D owner or occupant deems himself :
by such order, he may, with
/ i've 90 days, appeal to the Mayor,
no shall investigate the cause of the
omplaint, and unless by his authority
lie order is revoked, such order shall
;maln in force and be forthwith COM
lied with by said owner or occupant.
ny owner or occupant OF buildings or :
remlses failing 10 comply 9th the or
ers OF the authorities above specified I
lalI be punished by q fine of not less
IAN ten dollars $4,000 or more than
al /