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HomeMy WebLinkAbout517 - Dim-Out Precautionsr, LJ 0 CJ • • LJ ORDINANCE NO. 517 AN ORDINANCE OF THE CITY OF NEWPORT BEACH RE- LATING TO DIM -OUT PRE- CAUTIONS WHEREAS, the Office of Ci- vil!an Defense, Ninth Civilian De- fense Region, has pusuant to a request by the Commander, West- ern Sea Frontier, and the Com- mandant of the Eleventh Naval District of the United States Navy, caused an investigation to be made of the hazards to shipping result- ing fram the silhouetting of ves- sels caused by shore lighting, and such investigation having disclosed that in the territory of the Elev- enth Naval District there is im- rn,nent danger to shipping occa- sioned by the silhouetting of vessels from coastal lighting; and WHEREAS, the City of New- port Beach Is within the territory of the Eleventh Naval District of the United States Navy; and WHEREAS, the director of the Ninth Civilian Defense Region has, upon the request of the Com- mander, Western Sea Frontier, and of the Commandant of the Eleventh Naval District, and under authority conferred by the Executive order of the President of the United States, No. 8757, dated May 20, 1941, creating the office of Civilian Defense, as amended by Executive Order No. 9134. and for the purpose of pro- tecting coast -wise shipping in the waters off the Eleventh Naval District, and in order to further the defense of such waters and of the territory within the Eleventh Naval District, and to further the successful prosecution of the war by the United States of America, ordered the Citv of Newport Beach and its officials to accomplish a diminution of lighting within said city, as follows: 1. STREET AND HIGH- WAY LIGHTS. Street and highway lights visible from the sea shall be so shielded that they are not visible from the seaward side at night and so that no light, is directed upwards. 2. ADVERTISING SIGNS, COMMERCIAL FLOOD LIGHTING, DISPLAY LIGHTING AND AMUSE- MENT PLACES. Advertising signs, commercial flood lighting, display lighting and amusement places visible from the sea shall either be extinguished or be so shielded that they are not visible from the seaward side at night and so that no light is directed upwards. 3. RESIDENTIAL, COM- MERCIAL AND IND4TA- TRIAL WINDOWS. No lighting shall be per- mitted behind windows visible from the sea unless they are covered by drapes or shades. Ordinary roller shades, vene- tian blinds or drapes will suf- fice. A. STREET AND HIGH- WAY TRAFFIC. A. Night traffic on streets and highways visible from the sea shall be diverted inland wherever possible. B. Where it is not practical to reroute vehicles whose headlamps shine toward the sea, such vehicles will ex- tinguish driving lights and move at a reduced speed with parking lights only. 5. All OTHER SOURCES OF LIGHT. A. All other sources of light visible from the sea including fires, headlamps on parked cars, flashlights, lanterns and bonfires, shall be prohibited at night. B. Necessary industrial fires such as refuse burners, kilns and furnaces, shall be shielded. C. Beacon, navigation and other authorized lights shall be exempted. NOW, THEREFORE, pursuant to the orders of the Director of the Ninth Civilian Defense Region, the City Council of the City of Newport Beach does ordain as follows: SECTION 1. Any person who effects or maintains any illumina- tion or lighting, or permits any illumination or lighting under his control to be effected or main- tained, in violation of the orders of the Director of the Ninth Civil- ian Defense Region of the United States, as heretofore set forth, shall be guilty of a misdemeanor. SECTION 2. Any person who effects or maintains any illumin- ation or lighting, or permits any illumination or lighting under his control to be effected or main- tained, at any place within the City of Newport Beach, ,in viola- tion of the orders of the Director of the Ninth Civilian Defense Re- gion of the United States, now in force or effect or which may here- after be in force or effect, shall be guilty of a misdemeanor. SECTION 2 %. Any person who effects or maintains any illumina- tion or lighting or permits any illumination or lighting under his control to be effected or main- tained, at any place within the City of Newport Beach, in viola- tion of the orders of the United States Government or any depart- ment or agency thereof, which orders are now in force or effect or which may hereafter be in force or effect, shall be guilty of a misdemeanor. SECTION 3. In order to enable the Chief of Police of the City of Newport Beach to conform to the orders and directions of the Di- rector of the Ninth Civilian De- fense Region for the diminution of lighting within the corporate limits of the City of Newport Beach, whether in or out of doors, which endangers coast -wise ship- ping in the waters of the Eleventh Naval District, or which endang- ers the defense of the waters within the Eleventh Naval Dis- trict, or which would hinder in any way the successful prosecu- tion of the war by the United States of America, the Chief of Police of the City of Newport Beach may adopt and promulgate reasonable rules and regulations for such purpose, and any rules or regulations so adopted by him shall be and remain in effect for thirty days thereafter, but no longer unless approved within said time by resolution of the City Council of said city, provided, however, that any rule or regula- tion so adopted by the Chief of Police may at any time be re- scinded by resolution of the City Council of the City of Newport Beach. Violation of any such rule or regulation so adopted and pro- mulgated is hereby declared to be a misdemeanor. SECTION 4. It shall be un- lawful and shall constitute a mis- demeanor, to disobey any lawful direction or order of a peace of- ficer, highway patrolman or fire- man, given either in the day time or night time, which order is rea- sonably necessary for the protec- tion of coast -wise shipping in the waters of the Eleventh Naval Dis- trict, or reasonably necessary to further the defense of such waters and of the territory within the Eleventh Naval District, and to further the successful prosecution of the war by the United States of America. SECTION 5. Any lighting or il- lumination contrary to the pro- visions of this ordinance or to any rule or regulation adopted and promulgated in accordance with Section 3 hereof, 1s hereby de- clared to constitute a public nui- sance and the same may be sum- marily abated by any peace of- ficer, highway patrolman or fire- man. Any structure may be en- tered by any peace officer, high- way patrolman or fireman using reasonable force if necessary, for the purpose of abating any such nuisance by extinguishing such Il- lumination. Any peace officer or highway patrolman, in order to fully effect the purposes of this ordinance, may prevent any oper- ator of a motor vehicle from driv- ing or operating a motor vehicle in the City of Newport Beach be- tween the hours of sun -down and sun -up, on any day hereafter, who has refused or failed to comply with the provisions of this ordin- ance or any rule or regulation of the Chief of Police aforesaid. SECTION 6. The provisions of every State Statute and every Or- dinance of this city, and every administrative order made pursu- ant thereto requiring any illumin- ation to be made in conflict with this ordinance or with any rule or regulation made pursuant to Sec- tion 3 hereof, shall be deemed suspended between the hours of sun -down and sun -up of every day hereafter. SECTION 7. This ordinance is required for the immediate preser- vation of public health and safety and the following is the statement of the facts constituting such urgency: The United States of America is at war and it is necessary to protect coast -wise shipping in the waters of the Eleventh Naval Dis- trict, and also to prepare for the further defense of such waters and the territory within the Eleventh Naval District, and the City of Newport Beach is in great and continuing danger of air and other attack by the enemy. SECTION 8. If any provision of this ordinance or the applica- tion thereof to any person or cir- cumstances is held invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given ef- fect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable. SECTION 9. Any violation of the terms of this ordinance shall constitute a misdemeanor and shall be punishable by a fine not exceeding $300.00, or by imprison- ment in the City Jail of the City of Newport Beach for a term not exceeding three (3) months, or by both such fine and imprisonment. SECTION 10. The City Clerk shall certify to the adoption of this ordinance and cause the same to be published once in the Newport - Balboa Press, a newspaper of gen- eral circulation printed and pub- lished in the City of Newport Beach, and thenceforth the same shall be in full force and effect. The above ordinance was intro- duced at an adjourned regular meeting of the City Council of the City of Newport Beach held on the 22nd day of July, 1942, by the City Council of the City of New- port Beach, and was finally passed and adopted on the 28th day of July, 1942, by the City Council of the City of Newport Beach, by the following vote, to -wit: AYES, COUNCILMEN: Gordon, Allen, Isbell, Reed, Hall. NOES, COUNCILMEN: None. ABSENT, COUNCILMEN: None. ATTEST: FRANK L. RINEHART, . City Clerk. The above and foregoing ordin- ance is signed and- approved by me this 28th day of July, 1942. CLYAN H. HALL, Mayor of the City .4f Newport Beach. Ne rbBal6oa Prese. JuIY 30.1942