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• <br />• <br />• <br />ORDINANCE NO. 507 <br />AN ORDINANCE OF THE CITY <br />OF NEWPORT BEACH RE- <br />LATING TO AIR RAID PRE- <br />CAUTIONS. <br />The City Council of the City of <br />Newport Beach does hereby ordain <br />as follows: <br />SECTION 1. As used in this or- <br />dinance the following words and <br />phrases shall mean: <br />"Air raid warning signal" shall <br />mean a signal, by siren, whistle, <br />horn or other audible device, of <br />two minutes duration consisting of <br />either a fluctuating or warbling <br />signal of varying pitch, or a suc- <br />cession of intermittent blasts of <br />about five seconds duration separ- <br />ated by a silent period of about <br />three seconds. <br />"All clear signal" shall mean a <br />continuous signal, by siren, horn <br />or other audible device, of two min- <br />utes duration at a steady pitch. <br />"Period of air raid alarm" shall <br />mean the interval of time between <br />the giving of the air raid warning <br />signal and the giving of the next <br />succeeding all clear signal. <br />"Blackout structure" shall mean <br />any space so enclosed that any il- <br />lumination maintained or existing <br />therein is not visible from any <br />point outside such enclosure. <br />SECTION 2. The Chief of Police <br />is hereby authorized and directed <br />to cause the sounding of an air <br />raid warning signal and of an all <br />clear signal when, and only when, <br />the district in which the city is <br />located is notified so to do by the <br />United States Aircraft Warning <br />Service. <br />SECTION 3. Any person who ef- <br />fects or maintains any illumina- <br />tion, or permits any illumination <br />under his control to be effected or <br />maintained, at any place within <br />the City of Newport Beach during <br />any period of air raid alarm in <br />the hours of darkness, except with- <br />in a blackout structure, shall be <br />guilty of a misdemeanor. <br />SECTION 4. The maintenance or <br />leaving of any illumination except <br />within a blackout structure, with- <br />out provision for its extinguish- <br />ment, within one minute after the <br />commencement of a perbd of air <br />raid alarm by a competent per- <br />son over the age of eighteen years <br />attendant at the place where such <br />illumination is controlled, is here- <br />by prohibited. <br />SECTION 5. In order to enable <br />the Chief of Police to conform to <br />the request of the United States <br />Aircraft Warning Service for the <br />obscuration, diminution or exting- <br />uishment of any illumination, <br />whether in or out of doors, which <br />increases the vulnerability of the <br />City of Newport Beach, or any <br />portion thereof, to air attack, or <br />for the regulation of traffic dur- <br />in- the period of air raid alarm, <br />the Chief of Police may adopt <br />and promulgate reasonable miss <br />and regulations for such purpos- <br />es, and any rules or regulations <br />so adopted by him shall be and re- <br />main in effect for thirty (30) days <br />thereafter, but no longer unless ap- <br />proved within said time by resolu- <br />tion of the City Council; provided, <br />however, that any rule or regula- <br />tion so adopted by the Chief of <br />Police may at any time be rescind- <br />ed by resolution of the City Coun- <br />cil. Violation of any men rule or <br />regulation so adopted and prom- <br />ulgated is hereby declared to be <br />a misdemeanor. <br />SECTION 6. It shall be unlawful <br />to disobey any lawful direction or <br />order of a peace officer, highway <br />patrolman, or fireman given dur- <br />ing a period of air raid alarm, <br />which order is reasonably neces- <br />sary for the maintenance of public <br />order or safety or to effect the <br />extinguishment or obscuration of <br />light. <br />SECTION 7. Any illumination <br />contrary to the provisions of this <br />ordinance, or to any rule or regu- <br />lation adopted and promulgated in <br />accordance with section 5 hereof, <br />constitutes a public nuisance, and <br />the same may be summarily abat- <br />ed by any peace officer, highway <br />patrolman, or fireman. Any struc- <br />ture may be entered by any peace <br />officer, highway patrolman or fire- <br />man, using reasonable force if <br />necessary, for the purpose of abat- <br />ing such a nuisance by exting- <br />uishing such illumination. <br />SECTION S. At the commence- <br />ment of a period of air raid alarm, <br />the operator of any motor vehicle <br />shall forthwith bring such vehicle <br />as far as possible to the side of <br />the street, road or highway off <br />the main traveled portion thereof, <br />and the operator of such motor <br />vehicle, and the operator of any <br />street car, shall bring such motor <br />vehicle or street car to a stop clear <br />of any crossing, intersection, fire <br />house, fire plug, hospital or other <br />emergency depot or area, and dur- <br />ing the hours of darkness shall <br />extinguish all lights therein or <br />thereon and said motor vehicle or <br />street car shall remain so situated <br />during the period of air raid alarm, <br />unless directed or ordered to move <br />by a peace officer, highway pa- <br />trolman, or fireman. <br />SECTION 9. The provisions of <br />this ordinance shall not apply to <br />blackout emergency vehicles, <br />which shall include the following: <br />(1) All Army and Navy vehicles. <br />(2) All vehicles with United <br />States Government credentials in- <br />dicating the necessity of emergen- <br />cy movement. <br />(3) All authorized emergency <br />vehicles as defined in sections 44 <br />and 44.1 of the Vehicle Code of <br />California. <br />(4) All vehicles being operated <br />by members of the California State <br />Guard while actually on duty. <br />(5) All vehicles of volunteer per- <br />sonnel engaged in the operation of <br />the Aircraft Warning Service of <br />the Fourth Interceptor Command <br />while such personnel are actually <br />going to or from their post of <br />duty. <br />(6) All vehicles certified by sher- <br />iffs, district attorneys, the Cali- <br />fornia State Highway Patrol, po- <br />lice chiefs, and fire chiefs, when <br />within the respective territorial <br />Jurisdictions of the certifying of- <br />fice, as being essential to the pres- <br />ervation of the public peace and <br />safety or to the dissemination of <br />public information or to the na- <br />tional defense; provided, however, <br />that such vehicles shall conform <br />to the uniform lighting regulations <br />approved by the Department of <br />Motor Vehicles and the California <br />State Highway Patrol for black- <br />out emergency vehicles, No certifi- <br />cate shall be issued which conflicts <br />with any regulation or order of the <br />United States Army applicable in <br />the area for which the certificate <br />is issued. <br />SECTION 10. It shall be unlaw- <br />ful for any person without author- <br />ity, during any air raid alarm, to <br />use, wear, exhibit or possess any <br />uniform, insignia, credential, or <br />other indication of authority, <br />or any imitation thereof, adopted <br />and issued by any official civilian <br />defense organization. <br />SECTION 11. Any person who <br />shall operate a siren, whistle or <br />other audible device in such a <br />manner ae to simulate an air raid <br />warning signal or an all clear sig- <br />nal, except upon order of the <br />Chief of Police or other proper <br />authority, shall be guilty of a mis- <br />demeanor. <br />SECTION 12. The provisions of <br />every ordinance of this city and <br />every administrative order made <br />pursuant thereto, requiring any il- <br />lumination to be maintained in <br />conflict with this ordinance or with <br />any rule or regulation made pur- <br />suant to Section 5 of this ordi- <br />nance, shall be deemed suspended <br />during the period between any air <br />raid warning signal and the next <br />succeeding all clear signal. <br />SECTION 13. Any person who <br />shall violate any provision of this <br />ordinance shall be guilty of a mis- <br />demeanor, and upon conviction <br />thereof, shall be punished by a <br />fine of not exceeding three hun- <br />dred dollars ($300.00) or by impris- <br />onment in the City Jail or in the <br />County Jail not exceeding three <br />(3) months, or by both such fine <br />and imprisonment. <br />SECTION 14. This ordinance is <br />required for the immediate preser- <br />vation of the public peace, health <br />and safety, and the following is <br />the statement of facts constituting <br />such urgency; The United States <br />is at war and this city is in great <br />and continuing danger of air and <br />other attack by the enemy. <br />SECTION 15. If any provision of <br />this ordinance or the application <br />thereof to any person or circum- <br />stances is held invalid, such inval- <br />idity shall not affect other pro- <br />visions or applications of this or- <br />dinance which can be�,given effect <br />without the invalid provision or <br />application, and to this end <br />the provisions of this ordinance are <br />declared to be severable. <br />SECTION 16. The City Clerk <br />shall certify to the adoption of <br />this ordinance and cause it to be <br />published once in the NEWPORT - <br />BALBOA PRESS, a newspaper of <br />general circulation printed and <br />published in the City of Newport <br />Beach, and thenceforth the same <br />shall be in full force and effect. <br />The above ordinance was intro- <br />duced at a regular meeting of the <br />City Council of the City of New- <br />port Beach held on the 15th day <br />of December, 1941, and was finally <br />passed and adopted on the 5th day <br />of January, 1942, by the City <br />Council of the City of Newport <br />Beach, by the following vote, to- <br />wit: <br />AYES, COUNCILMEN: REED, <br />CLAIRE, BROWN, GORDON. <br />NOES, COUNCILMEN: NONE. <br />A B S E N T, COUNCILMEN: <br />ALLEN. <br />Attest: <br />FRANK L. RINEHART, <br />City Clerk. <br />The above and foregoing ordi- <br />nance is signed and approved by <br />me this 5th day of January, 1942. <br />IRVIN GEO. GORDON, <br />Mayor of the City of Newport <br />Beach. <br />