ORD 2006-48TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2006 - 48
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING THE CODE OF ORDINANCES OF THE TOWN OF
TROPHY CLUB BY AMENDING CHAPTER X, ENTITLED
"PUBLIC SAFETY", TO ADD ARTICLE XII, ENTITLED "FIRE
MARSHAL", CREATING A FIRE MARSHAL'S OFFICE FOR THE
TOWN OF TROPHY CLUB; PROVIDING FOR THE
INCORPORATION OF PREMISES; PROVIDING FOR THE
ADOPTION OF ARTICLE XII OF CHAPTER X BY PROVIDING
FOR THE CREATION OF A FIRE MARSHAL'S OFFICE; BY
PROVIDING STANDARDS; SETTING FORTH THE AUTHORITY
AND DUTIES OF THE FIRE MARSHAL; PROVIDING THE
DUTIES OF ARSON INVESTIGATORS; PROVIDING FOR THE
CREATION OF AN ARSON INVESTIGATOR RESERVE FORCE;
PROVIDING A SAVINGS AND REPEALER CLAUSE;
PROVIDING SEVERABILITY; PROVIDING FOR ENGROSSMENT
AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club (hereinafter referred to as "Town") is
a Home Rule Municipality empowered by the Texas Constitution and state law to
enact ordinances that serve the public health, safety and welfare; and
WHEREAS, the Town of Trophy Club, Texas is currently provided with
arson investigation and fire code enforcement services by law enforcement
officers commissioned by the Trophy Club Police Department;
WHEREAS, the Town Council desires to create a Fire Marshal's Office for
the Town, to be administered by the Fire Marshal who will serve as the chief law
enforcement of the Fire Marshal's Office; and
WHEREAS, the Town Council finds that it serve the public health, safety
and welfare to adopt this ordinance creating the Office of Fire Marshal and
setting forth the duties and authority to be exercised by that Office.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT - ADOPTION OF ARTICLE XII OF CHAPTER X
2.01 Chapter X, entitled "Public Safety", of the Code of Ordinances of the Town
of Trophy Club is hereby amended by the adoption of Article XII, entitled "Fire
Marshal", which shall read in its entirety as follows:
"12.01.
Creation of Fire Marshal's Office
There is hereby created a Fire Marshal's Office for the Town of Trophy
Club, Texas, at the head of which shall be the Fire Marshal. The Fire Marshal's
Office shall be composed of the Fire Marshal, Arson Investigators, and other
employees as the Town may provide.
12.02.
Standards
No person shall be certified as a Fire Marshal or Reserve or full-time
Arson Investigator until such person has complied with all requirements
established by the State of Texas for peace officers and by the Town acting
through the Fire Marshal.
12.03.
Fire Marshal —Authority and Duties
A. The Fire Marshal shall be the chief law enforcement officer for the Fire
Marshal's Office and chief arson investigator and fire code enforcement officer
for the Town. He or she shall:
(i) organize and administer the Fire Marshal's Office in conformity with
the ordinances of the Town and the Constitution and laws of the
State of Texas and the United States;
(ii) have immediate direction and control of the Fire Marshal's Office,
subject to the supervision of the Town Manager and such rules,
regulations and orders as the Town Manager may prescribed;
(iii) consistent with policies and procedures established by the Town
Manager, the Fire Marshal shall promulgate all orders, rules and
regulations for government of the Fire Marshal's Office;
(iv) appoint and discipline Reserve or full-time Arson Investigators and
other employees of the Fire Marshal's Office, who shall serve at his
or her discretion, consistent with the Town's Personnel Policies and
Procedures where applicable;
(v) have the same powers in the Town as the Sheriff of Denton County
for the prevention and suppression of crime, the arrest of offenders,
the taking of bail and the execution of arrest warrants, search
warrants and other writs; and
(vi) be responsible for all arson investigations and fire code
enforcement services and perform such other duties as may be
required by the Town Manager.
B. The Fire Marshal shall be appointed by the Town Manager and shall serve
at the pleasure of the Town Manager who may terminate his or her services at
any time consistent with the Town's Personnel Polices and Procedures, where
applicable.
12.04.
Duties of Arson Investigators
A. The Fire Marshal and all Reserve or full-time Arson Investigators of the
Fire Marshal's Office shall be, and they are hereby vested with all the power and
authority given to them as peace officers under the laws of the state, the federal
law, and the ordinances and regulations of the Town and it shall be the duty of
each such officer:
(i) to use his or her best endeavors to prevent the commission within
the Town of offenses against the laws of the state, the federal
government; and against the ordinances and regulations of the
Town;
(ii) to observe and enforce all such laws, ordinances and regulations;
(iii) to detect and arrest offenders against the same; and
(iv) to preserve the public peace, health and safety.
B. All peace officers shall execute any criminal warrant, warrants of arrest,
any writ, subpoenas or other process that may be placed in their hands by duly
constituted authorities.
12.05.
Arson Investigator Reserve Force
A. There is hereby created an auxiliary arson investigation force to be known
as the Arson Investigator Reserve Force.
B. The Fire Marshal shall be the head of the Arson Investigator Reserve
Force, and the members of the reserve shall be under the authority, control and
command of the Fire Marshal subject to all provisions of the ordinances of the
Town and laws of this state. The Fire Marshal may, by order, establish rules and
regulations to govern the Arson Investigator Reserve Force, to fix specific duties
of its members and to provide for the maintenance of discipline. He or she may
change such orders from time to time, and may command members of the Arson
Investigator Reserve Force to obey the instructions of regular Arson Investigators
in carrying out their orders.
C. Members of the Arson Investigator Reserve Force shall comply with the
standards as set forth by the Texas Commission on Law Enforcement Officer
Standards and Education prior to appointment. Additional standards may be set
by the Fire Marshal.
D. The duties of the Arson Investigator Reserve Force, subject at all times to
the direction, supervision and control of the Fire Marshal, shall be to assist the
regular members of the Fire Marshal's Office in the enforcement of law and
maintenance of peace and order during period of emergencies designated by the
Fire Marshal. All members of the Arson Investigator Reserve Force shall be
subject to all rules, polices and regulations governing the conduct and operations
of regular Arson Investigators. The Fire Marshal may prescribe other duties than
those mentioned herein to be performed by the Arson Investigator Reserve
Force.
E. Members of the Arson Investigator Reserve Force shall be appointed by
the Fire Marshal, to serve at his or her discretion, and any member may resign
from the Arson Investigator Reserve Force at any time, but it shall be his or her
duty to notify the Fire Marshal of his or her resignation."
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the
Town affecting enforcement of the Fire Code, arson investigation and all matters
related to the Office of Fire Marshall for the Town, and shall not repeal any of the
provisions of such Ordinances except in those instances where provisions of
those Ordinances are in direct conflict with the provisions of this Ordinance;
whether such Ordinances are codified or uncodified, and all other provisions of
the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict
with the provisions of this Ordinance, shall remain in full force and effect.
Notwithstanding the foregoing, any complaint, action, cause of action or claim
which prior to the effective date of this Ordinance has been initiated or has arisen
under or pursuant to such repealed Ordinance(s) shall continue to be governed
by the provisions of that Ordinance and for that purpose the Ordinance shall be
deemed to remain and continue in full force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereof to any person or circumstance, is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect
the validity of the remaining portions of the Ordinance, and the Town Council
hereby declares it would have passed such remaining of the Ordinance despite
such invalidity, which remaining portions shall remain in full force and effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to
engross and enroll this Ordinance by copying the exact Caption and Effective
Date clause in the minutes of the Town Council of the Town of Trophy Club and
by filing this Ordinance in the Ordinance records of the Town and by amending
the Code of Ordinances to reflect the changes adopted herein by Council.
SECTION 6.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in
accordance with law, and it is so ordained.
DULY PASSED AND APPROVED this the 20th day of November, 2006
Mayor, Town of Trophy Club, Texas
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Town Secretary, Town of TrophV Club, Texas
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APPROVED AS TO FORM:
Town Attorney, Town of Trophy Club, Texas