HomeMy WebLinkAboutOrd 355-2007 Providing for the Position of Arson Investigator.pdfCITY OF ANNA, TEXAS
ORDINANCE NO. 355-2007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS
PROVIDING FOR THE POSITION OF ARSON INVESTIGATOR PROVIDED
THAT THE ARSON INVESTIGATOR BE A PEACE OFFICER CERTIFIED BY
THE COMMISSION ON LAW ENFORCEMENT OFFICER STANDARDS AND
EDUCATION; PROVIDING FOR INVESTIGATION DUTIES OF THE FIRE
ARSON INVESTIGATOR; PROVIDING FOR SAVINGS, REPEALING AND
SEVERABILITY CLAUSES; PROVIDING FOR PUBLICATION OF THE
CAPTION HEREOF AND EFFECTIVE DATE.
WHEREAS, the City Council of Anna, Texas ("City Council") has investigated
and determined that it would be advantageous and beneficial to the City of Anna,
Texas and its citizens to establish an arson investigation office;
WHEREAS, the City of Anna, Texas finds that State law requires that an Arson
Investigator be a peace officer certified by the Commission on Law Enforcement
Officer Standards and Education;
WHEREAS, the City of Anna, Texas desires to implement those rules and
regulations that protect health, life, and property, and provide for the safety of the
City's inhabitants; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS:
Section 1. Designating the Office of Arson Investigator of the City of
Anna, Texas
The position of Arson Investigator shall be an employee position with the City of
Anna subject to the City's personnel policies and shall at all times be a peace
officer certified by the Commission on Law Enforcement Officer Standards and
Education as set out in Chapter 1701 of the Occupations Code.
Section 2. Investigation Duties of the Arson Investigator
(a) The Arson Investigator shall investigate the cause, origin and
circumstances of every fire occurring within the City of Anna, Texas 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 investigation shall be begun within 24 hours, not
including Sunday, of the occurrence of such fire. The Arson Investigator
shall keep in his office a record of all fires, together with all facts, statistics
and circumstances, including the origin of the fires and the amount of the
Ord. No. 355-2007 Providing for the Position of Arson Investigaz 1 12-11-07
loss, which may be determined by the investigation required by this
Ordinance.
(b) The Arson Investigator, when in his opinion further investigation is
necessary, 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 relation to the matter under investigation, and shall cause
the same to be reduced in writing; and if he shall be of the opinion that
there is evidence sufficient to charge anv person with the crime of arson.
attorney all such evidence, together with the names of witnesses and all of
the information obtained by him, including a copy of all pertinent and
material testimony taken in the case.
Section 3. Savings, Repealing and Severability Clauses
If any provision of this Ordinance shall be held to be invalid or unconstitutional,
the remainder of such Ordinance shall continue in full force and effect the same
as if such invalid or unconstitutional provision had never been a part hereof. All
ordinances of the City of Anna in conflict with the provisions of this Ordinance are
repealed to the extent of that conflict. If any section or portion of this Ordinance is
for any reason held to be invalid or unconstitutional by a decision of a court of
competent jurisdiction, that section or portion shall be deemed severable and
shall not affect the validity of the remaining portions of the Ordinance.
Section 4. Publication of the Caption Hereof and Effective Date
This ordinance shall become effective upon the passage by the City Council,
approval by the Mayor, and publication of the caption as prescribed by law.
PASSED by the City Council of the City of Anna, Texas this 'Hs' day of
December, 2007.
ATTESTED: APPROVED:
Cia or, Kenneth Pelham
Secretary, Natha Wilkison ay
or,
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