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HomeMy WebLinkAboutORD 231 Authorizing Black-OUts and Air Raid Protection ;:;---,:'".. : .rTJI:::!~.II. r-. I. ~ I:" : l! . . 228 ORDINANCE NO. 231 BLACK-uUT ORDINANCE AN ORDINANCE AUTHORIZING BLACK-OUTS AND AIR l:tAID PROT$CTION;~I CONTAINING DEFINITIONS; PRCVIDING FOR AUTHORIZED WARNING I I SIGNALS; PROVIDING FOR RULES 'AND REGULATIONS FOR THE CON- ~' DUCT OF PERSONS DURING AIR RAID PERIODS AND EMERGENCY; PRO- HIBILITING DISPLAY OF LIGHTS DURING BLACK-OUTS; PROHIBITING LIGHTING DURING ID\lliRGENCY; DECLARING UNLAVnYUL LIGHTS A 1'UISANOE AND PROVIDING FOR ABA'fJ;:;MENT THEREOF; .PROVIDING FOR REGULAJION OF VEHICLES DURING AIR RAID PERIODS; PROHIBITING UNAUTHORIZED INTERFERENCE WITH PUBLIC DURING AIR RAID PERIODS; PROVIDING FOR TRIAL BLACK-OUTS; PROVIDING THAT SAID ORDINANCE AND THE ENFORCEMENT HEREOF IS AN EXERCISE BY THE CITY OF ITS GOVERNMENTAL FUNCTIONS: PROVIDING FOR PtffiLIC1l:TION PRESCRIBING PENALTIES FOR 'VIOLATIONS HEREOF AND DECL&~ING SAID ORDINANCE TO BE SEVERABLE; PROVIDING THAT THIS ORDINANCE SHALL TAKE EFFECT AND BE IN FORCE n~,mDIATELY FROM AND AFTER IT'S PASSAGE ~~ APPROVAL AND PUBLICATION AS REQ.UlRED BY LAW. BE IT ORDAINED BY THE CITY C01~ISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, AS FOLLOWS: Section 1: Title and Oonstruction. This ordinance shall be known as the ItAir Raid Ordinance", and its provisions shall be liberally construed in order to accomplish its purpose and to put into effect in the vity of West University Place a system and ITBthod of precaution from enemy air attack, described in the 1941 ~b- lications of the United States Office of Uivilian Defense entitled tfBlack-Outs" and flAir Haid. Warning 0ystemtt and any publicat ion of said office supplementing those publications. ,] Section2: Definitions a (a) The term "Air Raid .Per iod If, when used in this ordinance, shall mean that interval of time between the sounding of a public "Air Raid WarningtJ signal and the sound. ing of a public "All Clear" signal. (b J The term "Black-out", when used in t his ordinance, shall mean that interval of night time occurring within an air raid period; (c) The term "Air Raid Vvarningtt, when used in this ordinance shall mean a public signal indicating the danger of im- mediate air attach, as desceibed and proclaimed by the Chie ~f Police and approved by the W~yor; (d) ;fhe term "All l.Ilearil, when used in this o.rdinance, shall mean the public signal indica0ing that immediate danger of an air attach has passed, as desceibed and proclaimed by the Chief of Police and approved by the fuayor; (e) The work "person", when used in this ordinance, shall in- clude every individual, person, copartnership, corporation, company or association. ---, I ! I L-I 229 r- I I I ~ if} The term "Emergencyfl, when used in this ordinance, shall mean that period of time between any proclamations by the IlJlayor (1) that an emergency exists, and (2) that such emer- gency has ceased to exist; (gJ The terms uChief of Police" and ItMayor", when used in this ordinance, shall mean the Chief Of 'Police and the k~YDr of the City of West University Place. . (h) The temm'''Air .J:{aid warden", when used in this ordinance, shall mean any person officially appointed and designated as such of the Ghief of ~olice, subject to the approval of the' lv'layor, and while wearing the official Air .t(aid V~arden insignia or uniform designated by the mayor. Section 3: ~roviding'for Authorized Warnin~ 0ignAl~. Said "Air Raid Warning" and flAIl Olear" public signals, hereinabove re- ferred to, shall be deemed to have been described and proclaimed when a copy of said description and proclamation has been published once in the official pUblication of the vi ty of West university Place. uopy of such proclamation shall be filed at the Uffice of the Chief of ~olice and Uity secretary. The JIAir Raid Warningl1 and ftAll uleart' public signals shall be given by and under the supervision and direction of the Uhief of Police, subject at all times, however, to any order of the United States Army appliable to this City. Section 4: PrpTv,id...i.rw:J.Q.J:.__iliJ.le.a....and l15?.!Ullatio.ns._~.tha Conduct of ~e~sons dur:tn~ Air ,~lU~fln..Q.d..a,.,~,~~lillJ[..., The Chie,f of Police, subject to the approval of the Mayor, is hereby authorized, directed and empowered to prepare and promulgate such rules and re- gulations and revisions, and amendments thereof, as may, in his discretion, be necessary for the conduct of persons during "Air Haid ~eriodsn, and in order to carry out the expressed intent of this ordiannce, provided, however, that no such rule or regulation shall be contrary to the provisions of this ordinance. Said rules and regulations shall be published once in the official pUblication of the Vity of West University Place and shall become effective at .5 o!;clock p. M. the day they are so published. Copy of said rules and regulations shall be filed at the office of the IVlayor and City Secretary. The Chief of Police, subject to the approval of the Hlayor, may creatB, form and conduct any auxiliary police force or other organization and/o~ appoint such air raid wardens or other persons as may, in his discretion, be .necessary to carry out the provisions of this ordinance and the rules and regulations adopted pursuant hereto. ! All persons appointed by the 0hief of Police, pursuant to this ordinance, shall serve without compensation and shall not be con- sidered employees of the vity of West University .t'lace; all such persons must wear such identifying emblem as may be prescribed by the , . I. ,-. ,I: ,-r ~ IC 230 Mayor and it ;:shill.ll be unlawful for any such person to attempt to carry out any order, rule or regulation promulgated under the authority conferred by this ordinance; except upon specific order of the vhief of ~olice, and only when he is wearing the aforesaid identifying emblem. Any person appointed by the vhief 'of Police pursuant to this ordinance may be dismissed from service at any time b~- the Chief of Police ei ther with or without cause and wi th- out any hearing whatsoever. The failure of any perscrn to obey the lawful order of any peace office, fireman or air raid warden, given in order to enforce any of the provisimns of this ordinance, shall be a violation here- of~ - ::5ection 5: Disulav of l..iahts Durjn.g: "Black-outtf ProhibitAd. During a "Black-Out" it shall be unlawful, except as otherwise specified under the rules and regulations adopted, as provided in Section 4 of this ordinance, for any person: (aJ To cause, display, ~perate, maintain or permit any lights of any kind or character whatever, ei~her in or on his or someone else's property, except within an opaque enclosed structure; (b) ~o cause, maintain or permit any reflection or leakage of light from any structure or property; (c) To fail to prevent the display, operation, maintenance, reflection or leakage of light from premises occupied, sup- ervised or cont.rolled by such person. Section 6: Prohibited ~ighting During ~mergency. For the duration of' the emergency it shall be unlawful to display the foll'owing types of illumina tion: (aJ Any decorative street lighting; (b) Illuminated house numbers, except when under the immediate manual control of some responsible person ove~-the age of eighteen (18) years; (G') Any type of exterior flood lighting that projects lights upward; (d) Any type of exterior flood lighting unless it is at all times under the imraediate manual control of some responsible person over the age of eighteen (18) years; (e) All billboard lighting or exterior bUilding ligh~ing, including outline lighting, unless such light or lighting is a~ all times under the imrnediate manual control of some responsible per- son over the age of eighteen (18) years; ----, I I :1 I I i i . J ----, I I I .~ _J I L [ l' I ! ~' 231 (f) All ext,erior illuminated signs, all interior illuminated signs visible from the ~xterior, all show window or other interior lights visible from the exterior, whether in a private home, commerical establishment or any other structure, which are not at all ti~es under the immediate manual con~rol of some responsible person over the age of eighteen (18) years; (g) No person shall leave a light on or burning in or upon any structure during the day time which will not be under the im- mediate manual contraol of some responsible person over the age of eighteen (18) ye~rs, during the night time; Provided, further, that additional restrictions may be placed on lights and illumination by rules or regulations adopted and published as provided in Section 4 of this ordinance. Section 7: TTnlFlvrf'111 T.ie:'ht.!=I A i\Tlli~Ano~ -- Abat~~Rt. Any light made, caused or displayed contrary to the provisions of this ordinance, or any violation of the rules and regulations pro- claimed, as provided in Section 4 of this ordinance, constitutes a public nuisance, and the same may be summarily abated by any peace officer, fireman or air raid warden. Any house, store, building, or other structure may be entered by any peace officer, fireman or air raid warden, using reasonable force, if necessary, for the purpose of abating such nuisance by the extinguishment obscuration of such lights. Section 8: HegulAtion of' VA'hi~lABI (a) Upon the sounding of the air raid 'warning, the driver of any motor vehicle, or other vehicle not upon fixed rails, shall immediately park said vehicle, out of an intersection, as close as possible to the nearest curb or as far as possible off the traveled portion of the highway, if there is no curb, and extinguish all lights on or in said vehicle. PrOVided, further, that no such vehicle shall be parked so as to obstruct entrances to hospitals, theatres, railroad stations, bus stations, hotels, fire exits or any publicly owned o,r operated building or within ten (10) feet of a fire hydlUant. No such motor vehicle shall be parked in such a manner as to block or close the center of a street to or undUly interfere with vehicular traffic. Unless otherwise ordered by a peace officer, fireman or air fafd warden, all such parke~ vehicles shall remain so parked, with all lights extinguished, until the sounding of the nAil Clearfl signal. The provisfons of this. section shall not apply to the following vehicles, provfuded they comply with the uniform lighting regulations prescrjbed or approved by the Chief of Police for black-out emergency vehicles; (1) All Army and Navy vehicles; (2) All vehicles with United States Government credentials in- dicating the necessity of emergency movement; (3) All authorized emergency vehicles as defined in the Gover- -1J}= . j' ~ . Ie . Il' :"I 232- ning laws and the ordinances of the Oity of West University Place; all vehicles being operated by members of the Auxiliary .tire De- partment and Auxiliary Police Department; all vehicles being opera ted by members of the '.L'exas Defense Guard while actually.-on duty; all vehicles certified by the Chief of Police as being essential to the preservation of the public peace, health and safety, or which are engaged in the gathering or dissemination of news, or necessarily employed in the production or districution of a newspaper. No certificate 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 9: Unauthori 7.ed Inter-f'er>ennA wi +.n 'Pllhl i n H'orbiodelJ.. (a) It shall be unlawful for any person, other than a peace officer, fireman, auxiliary policeman, auxiliary fire~h, air raid warden, member of the Texas vefense liuard, or member of the armed forces of the United 0tates of America, when acting under orders of a superior officer, to control or attempt to control traffic on the city streets, or to in any way molest or interfere with any person during an Air rtaid Period. (b) Neither the fireman nor auxiliary firemen shall be re- quired to enforce _. this ordinance during the time they are on actual duty. Section 10: ~r-iRl or-Pr-RntinA Air> R~ia PeriQQg ~nd Blagk Oyts. The Uhief of rolice may from time to time cause the gi~ing of Air Radi Warnings as herein defined, even though no immediate danger of air attack is then impending, such air raid warnings to be given for the purpose of conducting trial or practice air raid periods and black-outs; provided, however, that the "all clear" signal as herein defined shall be given within not exceeding thirty minutes from the ~ime such air raid warning is given. Dur- ing any such trial or practice air raid periods and black-outs, all the provisions of this ordinance shall be in full force and effect to the same extent, and shall be enforced 'in the same mann~r, as in case of air raid periods and black-outs resulting from actual immediate danger of air attack, except the Chief of rolice shall have the right to exempt \from black-outs only) such defense in- dustries as he deems fit and proper. Section 11: Tni~ Or-n;n:;lnnA Ann T.nE' F-.l.1~or(,'i?:ment HSI'sof in !~n exercise bv the Git.y of' ;t.~ \i-n'ITAl"'nmAnT.Al fl'll;;'('tiolJ.~_ -] This ordinance is an exercise by the 0ity of its governmental functions for the protection of the public peace, health and safe- ty and neither the 0i ty of ,>jest Uni versi ty .l:'lace or any individual subject to regulations lawfully included herein or promulgated pur- suant to authority herein conferred shall be liable for the- damage sustained to person or property caused by or resulting from any ':,.f_ " authorized black-out or air raid protection measure. _ I [ '--" 233 Section 12: Publication. All publication provided for in this shall be made by the Uhief of ~olice, and copies thereof shall be kept in the office of the 0hief of Police. Section l~: Penalties. ~very person violating the pro- visions of this ordinance, or the provisions of any rule or regu- lation adopted pursuant to Section 4 of this ordinance shall be guilty of a misddemea~or and shall be punished by a fine of not ex- ceeding Two Hundred ($200.00J Dollars, and ever'y violation hereof shall constitute a separate offense. Section 14: Severabi]jty_ If any provision of this ordinance, or the application thereof to any person or citizen is held in- valid, such invalidity shall not effect any pther provision or the application the.eeof, which can be given effect without the invalid provision or application, and to this end the pr.ovisions of this ordinance are declared to be severable. Section 15: This ordinance shall take effect and be in force immediately from and after its passage and approval and publication as ,required by law. PASSED AND APPROVED this 30th day of December, 1941 ~q~ 1Tayor ( ATTEST:: l_ A"t~ \~