ORD 2007-01TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2007 - 01
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING THE CODE OF ORDINANCES OF THE TOWN OF TROPHY
CLUB BY AMENDING CHAPTER 10, ENTITLED "PUBLIC SAFETY",
TO CORRECT A CLERICAL ERROR AND RENUMBER ARTICLE XII,
ENTITLED "FIRE MARSHAL" TO ARTICLE XIII, "FIRE MARSHAL";
PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING
FOR THE ADOPTION OF ARTICLE XIII OF CHAPTER 10 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, Ordinance No. 2006-48 was adopted on November 20, 2006 and
provided for the creation of a Fire Marshal's Office for the Town of Trophy Club
(hereinafter referred to as "Town"); and
WHEREAS, since the adoption of Ordinance No. 2006-48, a clerical error was
discovered whereby the designation of Article XII, "Fire Marshal" was improperly
numbered; and
WHEREAS, having discovered such error, the Town Council now finds it
necessary to adopt this Ordinance with the correctly numbered Article designation as
Chapter 10, Article XIII, entitled "Fire Marshal"; and
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
2.01. Chapter 10, entitled "Public Safety", of the Code of Ordinances of the Town of
Trophy Club is hereby amended to revise the adoption of Article XII, entitled "Fire
Marshal", to read in its entirety as follows:
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"Article XIII — Fire Marshal
13.01
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.
13.02
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.
13.03
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.
13.04
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.
13.05
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.
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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.
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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 8`h day of January, 2007,
Mayor, Town of Trophy Club, Texas
ATTEST:
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Town Secretary, Town of Trophy Club, Texas �N Aye
APPROVED AS TO FORM:
�f ra�lCf�l�I�ML, RY 1 19a�
Town Attorney, Town of Trophy Club, Texas
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