There is hereby created a fire limit zone in the city, with the following prescribed boundaries:
The centerline of the zone shall be the centerline of Main Street, and the area therein shall be that section contained within the following metes and bounds: one hundred and seventy-five (175) feet north and one hundred and seventy-five (175) feet south of said centerline, and from the centerline of State Highway Number One (1) at its intersection with Main Street, and westerly therefrom with the centerline of Main Street to the centerline of Second (2nd) Street, at its intersection with Main Street, which section contained within the hereinabove prescribed limits is hereby designated as the fire limit zone of the city, hereinafter styled “fire zone.”
(Ordinance 39-09-04(A), sec. 1, adopted 9/4/39)
(a) 
There is hereby prohibited the moving into or therein, or the erection or repair, of any wooden building or wooden structure or wooden addition to any building or structure therein, or the rebuilding or repairing of wooden buildings or wooden structures therein which shall have been damaged to an extent of 50% of the value thereof; the extent of such damage shall be officially estimated by the fire marshal, and his written report filed in the office of the city secretary shall be conclusive as to all parties until set aside or amended by the city council, after a hearing at the instance of the owner or owners of the damaged property, or set aside or amended by a court of law on appeal by the owner or owners from the action of the city council.
(b) 
No building or structure shall be erected within said zone except its construction be of known and tested fireproof material, such as brick, stone, concrete, or other known and tested fireproof building material, which must first be submitted to and approved by the city council on recommendation of the fire marshal before used in such construction; without such approval such use shall be unlawful.
(c) 
Party walls used in buildings in said zone shall be not less than twelve inches thick at the apex, and the buildings within said zone shall have parapets of the same material as the walls being at least twelve inches above at the wall.
(d) 
The city council, on recommendation of the fire marshal, may authorize eight-inch walls, which are not party walls, for small one-story buildings with floors of 750 square feet or less, and likewise authorize a small one-story building of not less than 500 square feet to be constructed with 8-inch walls of hollow building tile.
(e) 
There shall not be kept within this zone a quantity of gunpowder or other explosives, oils or gasoline or other like combustible or inflammable material or stores, to the extent that the fire marshal deems hazardous or a fire hazard, and the city council may, on his recommendation, order the discontinuance or reduction of such stores, or prescribe the method of keeping or storing of any of same, and any keeping or storing of any of same contrary to and not in accordance with the orders of the city council shall be unlawful.
(f) 
If any building is erected in the fire zone contrary to, not in compliance with or in violation of the terms of this article, or any wooden buildings declared by the city council to be nuisances, and have not been repaired, removed or abated as required by the city council, the city council may, by proper resolution, declare said buildings fire hazards and unlawful structures to be a public nuisance, and proceed to abate or to remove any of same, after ten days’ notice to the owner or owners of same or to the agent of the owner or owners, by posting said notice in three public places in the city, and the cost or expense of such removal or abatement shall be chargeable to and payable by the owner or owners of such building or structure.
(Ordinance 39-09-04(A), sec. 2, adopted 9/4/39; Ordinance adopting Code)
Whenever an application for a permit to repair any existing building already located within the fire limits is made by any person or firm, and the city council and the applicant disagree on the extent of repairs to be made, and a permit is denied by the fire marshal, then the city council shall appoint a competent and disinterested person, and the applicant shall appoint a competent and disinterested person, which said two persons so appointed shall elect a third member, and these said three persons shall appraise the building, examine the plan of the proposed work and the statement of materials and labor to be used in the repairing or rebuilding of said building, and make a signed written report of their findings to the city council. If such report reflects clearly that said rebuilding or repairing would be a violation of this article, then such application for permit shall be denied by the city council, and if such report reflects that the person seeking said permit has complied with this article, and the requested rebuilding or repairing is not in violation of this article, then said city council shall issue a permit for the proposed rebuilding or repairing.
(Ordinance 39-09-04(A), sec. 3, adopted 9/4/39; Ordinance adopting Code)
The city council may, from time to time, pass appropriate penal ordinances to enforce this article and may, by proper proceeding, in the name of the city, in a court of competent jurisdiction, restrain any person as owner, architect, or contractor from erecting or repair of any building in the fire zone which is prohibited by and contrary to the provisions of this article, and in such proceedings the fire marshal, city council, or city shall not be required to execute a bond.
(Ordinance 39-09-04(A), sec. 4, adopted 9/4/39; Ordinance adopting Code)