El Paso herald. (El Paso, Tex.) 1901-1931, 1910-06-30
Legal Notices.

AN ORDINANCE
Creating the Office of Fire Marshal, Pre-
scribing the Duties Thereof, ProV1d-
ing for Its Maintenance and PrescriD-
ing Penalties for Violations ,,-
BE 1T ORDAINED BY The ClI1
COUNCIL OF THE CITY OF Ell PASO;
Section l. The office OF ERE MAI ba
is hereby created. Such office snail pc
Independent of other city departments,
the Fire Marshal reporting directly 70
the Mayor and City Council: Such OF
flee shall be filled by appointment by
the Mayor, by and with the consent Oh
the City Council, within ten days aIIer
this ordinance shall take effect. Inc Inc
said Fire Marshal shall be properly
qualified for the duties of his offlce
(and shall be removed only for cause:
He shall receive an annual sa!ary Oh
10000 dollars, payable In monlnI! ~ IN.
stallments, as full compensation for his
services.
Section 2 The Fire Marshal snail in
vestigate the cause. origin ana crGuIH,
the City of Els Paso, by which properly
has been destroyed OF damaged, ana
shall especially make investigation as
TO whether such fire was the result Oh
carelessness or design Such lnvest1sa-
ton shall be begun within twenty-1our
hours, not including Sunday. or the
shall shall keep in his office a, record
of all fires occurring within the city,
together with all facts, statistics anu
circumstances, including the origin OF
the fires and the amount of the loss,
which may be determined by the ihNes-
tigafion required by this ordinance
Such record shall at all times De 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
supposed to be cogniZant of any facts
or to have means of knowledge in rela-
ton to the matter as to which an exam
ination Is herein required to be made.
no the TO be reduced
TO writing; and if he shall De OF the
opinion that there is evidence Su11lclent
TO charge any person with me e CRIME aII1e
nit the crime of arson. or OF conspiracy
TO defraud, or 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
with the names of witnesses ana all OF
the information obtained by him, IN
Guiding q 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 subject of inquiry and investi-
cation, and may require the PRODUCTION
Of any book, paper or document deemed
pertinent thereto me SAID ERE MAI
shall is hereby authorized and empow-
cred to administer oath and afflrma-
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 70
be sworn or who refuses to testify or
who diSObeyS any lawful order or said
Fire Marshal, or who fails or refuses to
produce any book. paper or document
touching any matter under examina-
tion or who is guilty of any cOnIemptu-
Gus conduct after being summoned to
give testimony in relation to any mat
ter under investigation as aforesaid,
shall be deemed guilty of 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 or said
Fire Marshal before any justice or the
peace police magistrate or in any court
OF record within the city, and upon the
filing of such complaint, such cause
other criminal cases and upon convic-
ton of any such person guilty of a
violation of the provisions of this ordi-
nance, shall be fined in sum not ex-
ceeding twenty-five dollars (S25-0O) or
Imprisonment for not exceeding
days; Provided. however. that any per-
son so convicted shall have the right of
appeal All Investigations held bK 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 investigation is
held, and witnesses may be kept sepa-
rate and apart from each other and not
allowed to communicate with each 9TH
err until they have been examined.
Section 5. The Fire Marshal shall
have the authority at all times of day
or night. in the PERFORMANCE of the
duties imposed upon him by the provis-
ions 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 s. The Fire Marshal, upon
complaint of any person having an in
terest in any building or property ada
cent, and without any complaint shall
have a right at all reasonable hours,
for the purpose of examination to en-
premises within the city, and 1t shall
be his duty, quarterly or more often,
to enter upon and make or cause to be
entered upon and made. a thorough ex-
animation of all mercantile, manufac-
turing and public buildings, together
with the premises belonging thereto.
Whenever he shall find any building
or other structure which for want OF
repair, or by reason of age or dilapi-
dated 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
improper or dangerous arrangement of
stoves, ranges, furnaces or other heat
ing appliances of any kind whatsoever,
including chimneys, f1ues and pipes.
WIN winch the same may De cOInecIeu,
or a dan gerOuS arrangement of lighting
devices or systems, or a DANGEROUS or
unlawful storage of explosives. COM
pounds, petroleum. gasoline, kerosene,
dangerous chemicals, vegetable prod
ucts, ashes. combustibles, inflammable
and refuse materials. or other condi-
lions which in his opinion may be dan
gerous 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 prem
ises; Provided, however. that if the
said owner or occupant deems himself
aggrieved by such order, he may, with
in five go 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 COM
piled with by said owner or occupant.
Any owner or occupant of buildings or
premises failing 10 comply With the or
ders of the authorities above specified
shall be punished by a fine of not less
than ten dollars $4,000 or more than
fifty dollars $3.50. 00) for eaclf day