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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 FAV rr:&JI OF TROpNl-� Town Secretary, Town of TrophV Club, Texas c 9 g/ ����q RY 1 , i APPROVED AS TO FORM: Town Attorney, Town of Trophy Club, Texas