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ORDINANCE NO. 2004-11 <br /> <br />AN ORDINANCE TO AMEND CHAPTER 13 OF THE CODE OF THE CITY OF <br />PORTSMOUTH, VIRGINIA (1988) BY AMENDING SECTIONS 1315, 13-7, 13-32, 13-56, <br />13-57, 13-58, 13-59, 13-62, 13-82, 13-83, 13-86, 13-88, 13-89 (a) THROUGH (1), (m)(5), <br />(n)(1), (r), AND (t), 13-103, 13-116, 13-117, 13-119, 13-131, AND 13-134, BY THE <br />ADOPTION OF NEW SECTIONS 13-31, 13-33 AND 13-34 AND BY THE REPEAL OF <br />SECTION 13-6 AND 13-60 PERTAINING TO FIRE PROTECTION AND <br />PREVENTION. <br /> <br /> BE IT ORDAINED by the Council of the City of Portsmouth, Virginia: <br /> <br /> 1. That the titles of Article II and of Division 2 of said Article II of the Code of the <br />City of Portsmouth, Virginia (1988) be amended to read respectively, "Article II. Department of <br />Fire, Rescue, and Emergency Services" and "Division 2. Office of the Fire Marshal." <br /> <br /> 2. That Sections 13-5, 13-7, 13-32, 13-56, 13-57, 13-58, 13-59, 13-62, 13-82, 13-83, <br />13-86, 13-88, 13-89 (a) through (l), (m)(5), (n)(1), (r), and (t), 13-103, 13-116, 13-117, 13-119, <br />13-131, and 13-134 of Clmpter 13 of the Code of the City of Portsmouth, Virginia (1988) be <br />amended and reordained to read as follows: <br /> <br />Sec. 13-5. Unlawful use of fire alarm key. <br /> <br /> It shall be unlawful and a Class 1 misdemeanor for any person other than the chief of the <br />Department of Fire, Rescue and Emergency Services and such persons as may be authorized by <br />him to make use of a fire alarm key for any purpose, except to turn in an actual alarm of fire. <br /> <br />Sec. 13-7. Cutting off electricity during fire. <br /> <br /> During the progress of a fire, the chief of the Department of Fire, Rescue and Emergency <br />Services may require any company owning or using wires for the furnishing of electricity to cut <br />off electric current from such wires during the fire. Upon the failure of such company to do so, <br />the chief of the Department of Fire, Rescue and Emergency Services or the assistant in charge <br />may have such wires cut whenever he regards them as interfering with the proper management of <br />a fire. When the current is so cut offor wires cut, the city shall release such company from its <br />obligation to furnish electricity until the current can be turned on or the wire reconnected. The <br />city shall not hold such company responsible for any injury or loss to person or property that <br />may occur while such current properly remains cut off or the wires remmn cut, whenever the loss <br />or injury is caused by the absence of electricity. <br /> <br />Sec. 13-32. Appointment of chief. <br /> <br /> The chief of the Department of Fire, Rescue and Emergency Services shall be appointed by <br />the city manager. <br /> <br /> <br />