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HomeMy WebLinkAbout0234Nto ` ORDINANCE NO. 234 (New Series) cow AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO RELATING TO AIR RAID PRECAUTIONS. BE IT ORDAINED by the Council of the City of San Luis Obispo, as follows: SECTION 1. As used in this ordinance the follow-ing 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 con- sisting of either a fluctuating or warbling signal of varying pitch_ or a succession of intermittent blasts of about five seconds dura- tion separated 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 minutes 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 and protected that any illumination 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, or by such other established military authority as may be duly authorized. SECTION 3. Any person who effects or maintains any illumi- nation, or permits any illumination under his control to be effected or maintained, at any place within the City of San Luis Obispo during - 1 - any period of air raid alarm in the hours of darkness, except within a blackout structure, shall be guilty of a misdemeanor. SECTION 4. The maintenance or leaving of any illumination except within a blackout structure, without provision for its extin- guishment, within one minute after the commencement of a period of air raid alarm by a competent person over the age of eighteen years attendant at the place where such illumination is controlled, is hereby prohibited. SECTION 5. In order to enable the Chief of Police to con- form to the request of the United States Aircraft Warning Service for the obscuration, diminution or extinguishment of any illumination, whether in or out of doors, which increases the vulnerability of the City of San Luis Obispo, or any portion thereof, to air attack, or for the regulation of traffic during the period of air raid alarm, the Chief of Police may adopt and promulgate reasonable rules and regulations for such purposes. All such rules and regulations shall be promulgated by posting written copies thereof in three public places in the City of San Luis Obispo, by filing a written copy there- of with the City Council, and by mailing a copy thereof to the Air Raid Supervisor of the County of San Luis Obispo. Any rules or regu- lations so adopted by the Chief of Police shall be and remain in effect for thirty (30) days thereafter, but no longer unless approved within said time by resolution of the City Council; provided, however, that any rule or regulation so adopted by the Chief of Police may at any time be rescinded by resolution of the City Council. Violation of any such rule or regulation so adopted and promulgated 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, fireman or the Air Raid Supervisor of the County of San Luis Obispo given during a period of air raid alarm, which order is reasonably necessary for the maintenance of public order or safety or to effect the extinguish- meat or obscuration of light. - 0 - SECTION 7. Any illumination contrary to the provisions of this ordinance, or to any rule or regulation adopted and promulgated in accordance with section 5 hereof, constitutes a public nuisance, and the same may be summarily abated by any peace officer, highway t patrolman, fireman or the Air Raid Supervisor of the County of San Luis Obispo. Any structure may be entered by any peace officer, high- way patrolman, fireman or the Air Raid Supervisor of the County of San Luis Obispo, using reasonable force if necessary, for the purpose of abating such a nuisance by extinguishing such illumination. SECTION 8. At the commencement 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 shall bring such motor vehicle to a stop clear of any crossing, intersection, fire house, fire plug, hospital or other emergency depot or area, and during the period of air raid alarm shall extinguish all lights therein or thereon and said motor vehicle shall remain so situated during the period of air raid alarm, unless directed or ordered to move by a peace officer, highway patrolman, 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 indicating the necessity of emergency 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 accredited volunteer personnel engaged in the operation of the Aircraft Warning Service of the Fourth Inter- ceptor Command while such personnel are actually going to or from their posts of duty; 6) All vehicles.certified by sheriffs, district attorneys, the California State Highway Patrol, police chiefs, and fire chiefs, when within the respective territorial jurisdictions of the certify- ing office, as being essential to the preservation of the public peace and safety or to the dissemination of 2ublic information or to the national 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 blackout emergency vehicles. 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. The certification of any vehicle under the provisions of this subsection may be revoked by the certifying officer at any time, either with or without cause, and any certificate issued to any vehicle shall thereupon be immediately surrendered to the certifying officer. When any vehicle is certified under the provisions of this subsection, or when any certification is revoked, the certifying officer shall cause a record thereof to be made and kept by him. . Such certifying officer shall promptly forward to the Local Defense Council for San Luis Obispo County full particulars regarding each vehicle certified, giving the make and model of such vehicle, the name, address, business or occupation of the owner, and the reason. why such vehicle was certified. SECTION 10. It shall be unlawful for any person without authority, during any period of 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 as to simulate an air raid warning signal or an all clear signal, except upon order of the Chief of Police, or other proper authority, shall be guilty of a misdemeanor. - 4 - r • f • SECTION 12. The provisions of every ordinance of this city and every administrative order made pursuant thereto, requiring any illumination to be maintained in conflict with this ordinance or with any rule or regulation made pursuant to section 5 of this ordinance, 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 misdemeanor and, upon conviction thereof, shall be punished by a fine of not exceeding three hundred dollars or by imprisonment in the County Jail of the County of San Luis Obispo not exceeding three months, or by both such fine and imprisonment. SECTION 14. This Ordinance is required for the immediate preservation of the public peace, health and safety, and the follow- ing 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, thus creating a peace, health and safety problem for which no regulatory ordinance has been provided. SECTION 15. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or application of this ordinance which can be given effect without the invalid pro- visions or application, and to this end the provisions of this ordi- nance are declared to be severable. SECTION lb. This ordinance, together with the ayes and noes shall be published for two days before its final passage in the Gelegram- Tribune, a daily newspaper printed, published and circu- lated in said city, and shall take effect and be in force immediately upon its final passage and approval. - 5 - INTRODUCED AND PASSED TO PRINT this 22nd day of December, 19412 by the following vote: AYES: W.H.Brazil,R.P.Howell.Ralph C.Kennedy,F.O.Kimball,Joseph Leary NOES: None ABSENT: None ATTF mayor Finally passed this 26th day of December, 1941 by the following votb: AYES: R.P.Howell, Ralph C. Kennedy, F.C.Kimball, Joseph Leary NOES: None ABSENT: W. H. Brazil City Clerk - 6 - Mayor w