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HomeMy WebLinkAbout507 - Air Raid Precautions• • • ORDINANCE NO. 507 AN ORDINANCE OF THE CITY OF NEWPORT BEACH RE- LATING TO AIR RAID PRE- CAUTIONS. The City Council of the City of Newport Beach does hereby ordain as follows: SECTION 1. As used in this or- dinance the following words and phrases shall mean: "Air raid warning signal" shall mean a signal, by siren, whistle, horn or other audible device, of two minutes duration consisting of either a fluctuating or warbling signal of varying pitch, or a suc- cession of intermittent blasts of about five seconds duration separ- ated by a silent period of about three seconds. "All clear signal" shall mean a continuous signal, by siren, horn or other audible device, of two min- utes duration at a steady pitch. "Period of air raid alarm" shall mean the interval of time between the giving of the air raid warning signal and the giving of the next succeeding all clear signal. "Blackout structure" shall mean any space so enclosed that any il- lumination maintained or existing therein is not visible from any point outside such enclosure. SECTION 2. The Chief of Police is hereby authorized and directed to cause the sounding of an air raid warning signal and of an all clear signal when, and only when, the district in which the city is located is notified so to do by the United States Aircraft Warning Service. SECTION 3. Any person who ef- fects or maintains any illumina- tion, or permits any illumination under his control to be effected or maintained, at any place within the City of Newport Beach during any period of air raid alarm in the hours of darkness, except with- in a blackout structure, shall be guilty of a misdemeanor. SECTION 4. The maintenance or leaving of any illumination except within a blackout structure, with- out provision for its extinguish- ment, within one minute after the commencement of a perbd of air raid alarm by a competent per- son over the age of eighteen years attendant at the place where such illumination is controlled, is here- by prohibited. SECTION 5. In order to enable the Chief of Police to conform to the request of the United States Aircraft Warning Service for the obscuration, diminution or exting- uishment of any illumination, whether in or out of doors, which increases the vulnerability of the City of Newport Beach, or any portion thereof, to air attack, or for the regulation of traffic dur- in- the period of air raid alarm, the Chief of Police may adopt and promulgate reasonable miss and regulations for such purpos- es, and any rules or regulations so adopted by him shall be and re- main in effect for thirty (30) days thereafter, but no longer unless ap- proved within said time by resolu- tion of the City Council; provided, however, that any rule or regula- tion so adopted by the Chief of Police may at any time be rescind- ed by resolution of the City Coun- cil. Violation of any men rule or regulation so adopted and prom- ulgated is hereby declared to be a misdemeanor. SECTION 6. It shall be unlawful to disobey any lawful direction or order of a peace officer, highway patrolman, or fireman given dur- ing a period of air raid alarm, which order is reasonably neces- sary for the maintenance of public order or safety or to effect the extinguishment or obscuration of light. SECTION 7. Any illumination contrary to the provisions of this ordinance, or to any rule or regu- lation adopted and promulgated in accordance with section 5 hereof, constitutes a public nuisance, and the same may be summarily abat- ed by any peace officer, highway patrolman, or fireman. Any struc- ture may be entered by any peace officer, highway patrolman or fire- man, using reasonable force if necessary, for the purpose of abat- ing such a nuisance by exting- uishing such illumination. SECTION S. At the commence- ment of a period of air raid alarm, the operator of any motor vehicle shall forthwith bring such vehicle as far as possible to the side of the street, road or highway off the main traveled portion thereof, and the operator of such motor vehicle, and the operator of any street car, shall bring such motor vehicle or street car to a stop clear of any crossing, intersection, fire house, fire plug, hospital or other emergency depot or area, and dur- ing the hours of darkness shall extinguish all lights therein or thereon and said motor vehicle or street car shall remain so situated during the period of air raid alarm, unless directed or ordered to move by a peace officer, highway pa- trolman, or fireman. SECTION 9. The provisions of this ordinance shall not apply to blackout emergency vehicles, which shall include the following: (1) All Army and Navy vehicles. (2) All vehicles with United States Government credentials in- dicating the necessity of emergen- cy movement. (3) All authorized emergency vehicles as defined in sections 44 and 44.1 of the Vehicle Code of California. (4) All vehicles being operated by members of the California State Guard while actually on duty. (5) All vehicles of volunteer per- sonnel engaged in the operation of the Aircraft Warning Service of the Fourth Interceptor Command while such personnel are actually going to or from their post of duty. (6) All vehicles certified by sher- iffs, district attorneys, the Cali- fornia State Highway Patrol, po- lice chiefs, and fire chiefs, when within the respective territorial Jurisdictions of the certifying of- fice, as being essential to the pres- ervation of the public peace and safety or to the dissemination of public information or to the na- tional defense; provided, however, that such vehicles shall conform to the uniform lighting regulations approved by the Department of Motor Vehicles and the California State Highway Patrol for black- out emergency vehicles, No certifi- cate shall be issued which conflicts with any regulation or order of the United States Army applicable in the area for which the certificate is issued. SECTION 10. It shall be unlaw- ful for any person without author- ity, during any air raid alarm, to use, wear, exhibit or possess any uniform, insignia, credential, or other indication of authority, or any imitation thereof, adopted and issued by any official civilian defense organization. SECTION 11. Any person who shall operate a siren, whistle or other audible device in such a manner ae to simulate an air raid warning signal or an all clear sig- nal, except upon order of the Chief of Police or other proper authority, shall be guilty of a mis- demeanor. SECTION 12. The provisions of every ordinance of this city and every administrative order made pursuant thereto, requiring any il- lumination to be maintained in conflict with this ordinance or with any rule or regulation made pur- suant to Section 5 of this ordi- nance, shall be deemed suspended during the period between any air raid warning signal and the next succeeding all clear signal. SECTION 13. Any person who shall violate any provision of this ordinance shall be guilty of a mis- demeanor, and upon conviction thereof, shall be punished by a fine of not exceeding three hun- dred dollars ($300.00) or by impris- onment in the City Jail or in the County Jail not exceeding three (3) months, or by both such fine and imprisonment. SECTION 14. This ordinance is required for the immediate preser- vation of the public peace, health and safety, and the following is the statement of facts constituting such urgency; The United States is at war and this city is in great and continuing danger of air and other attack by the enemy. SECTION 15. If any provision of this ordinance or the application thereof to any person or circum- stances is held invalid, such inval- idity shall not affect other pro- visions or applications of this or- dinance which can be�,given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable. SECTION 16. The City Clerk shall certify to the adoption of this ordinance and cause it to be published once in the NEWPORT - BALBOA PRESS, a newspaper of general circulation printed and published in the City of Newport Beach, and thenceforth the same shall be in full force and effect. The above ordinance was intro- duced at a regular meeting of the City Council of the City of New- port Beach held on the 15th day of December, 1941, and was finally passed and adopted on the 5th day of January, 1942, by the City Council of the City of Newport Beach, by the following vote, to- wit: AYES, COUNCILMEN: REED, CLAIRE, BROWN, GORDON. NOES, COUNCILMEN: NONE. A B S E N T, COUNCILMEN: ALLEN. Attest: FRANK L. RINEHART, City Clerk. The above and foregoing ordi- nance is signed and approved by me this 5th day of January, 1942. IRVIN GEO. GORDON, Mayor of the City of Newport Beach.