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HomeMy WebLinkAboutORD NO 607 EMERGENCY ORDINANCE NO ~°~NEW SERIES AN EMERGENCY ORDINANCE OF 'THE CITY OF BAKERSFIELD RELATING TO AIR RAID PRECAUTIONS· · WHEREAS, an ordinance is required for the immediate preserva- tion 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, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF BAKERSFIELD, as follows: SECTION 1. The following'words and phrases, as used in thislordinance, 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 thr~e 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 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 an'all clear signal when, and only when, the district in which the city is located -1- is notified so to do by the Unitled States Aircraft WarningsService. SECTION Any person who effects or maintains any illumination, or permits any illumination under his control to be effected or main- tained, at any place within the City of Bakersfield during any period of air'raid alarm in the hours of darkness, except within a blackout structure, shall belguilty of a misdemeanor. SECTION 4.' The maintenance or leaving of any illumination, except within a blackout structure, without provision for its extinguish- ment, 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 In order to enable the Chief of Police to conform to the request of the United States Aircraft Warning'Service for the obscuration, diminutionor extinguishment of any illumination, whether in or out of doors, which increases the vulnerability of the City of Bakersfield, 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, and any rules orbregulations so adopted by him 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 declared to be a misdemeanor. SECTION promulgated is hereby It shall be unlawful toldisobey any lawful direction or -2- order of a peace officer, highway patrolman, or fireman 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- ment or obscuration of light. SECTION 7. Any illumination contrary to the provisions of this ordin- ance,~or to any rule or regulation adopted and promulgated in accord- ance with~ Section 5 hereof, constitutes a public nuisance, and the same may be summarily abated by any peace officer, highway patrol- man, or fireman. l Any structure may be entered by.any peace officer, highway patrolman, or fireman,.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, and the operator of any street car, shall bring such motor vehicle or street car to a stop clear of any c~ossing, intersection, fire house, fire plug, hospital or other emergency depot or area, and during 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 officeri highway patrolman, orlfireman. SECTION 9. The provisions of this ordinance shall not apply to black- out emergency vehicles, which shall include the following: (2). All'vehicles with United States Government credentials indicating the necessity of emergency movement; (3) All authorized~em~rgency 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 onduty; (5) All vehicles of volunteer personnel engaged in the operation of the Aircraft Warning"Service of the Fourth Interceptor 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.orto~the dissemination of public information or to the national defense; provided, however, that such vehicles shall conform to the uniform lighting regulations approved by the Depart- ment of Motor Vehicles and the California State Highway Patrol for blackout~emergency vehicles. No certificate shall be issued which conflicts~withany regulation or order of the United States Army applicable in the area for which the certificate is issued. SECTION 10. It shall be unlawful for any person without authority, dur- ing any air r'aid alarm, to use, wear, exhibit or possess any uniform, insignia, credential, or other indication of authority, or any imita- tion thereof., adopted and issued by any official civilian defense organization. SECTION ll. Any person who~shall operate a·siren, whistle or other ~audible device in such a manner as to simulate an ~ir raid warning 'signal or an all clear signal, except upon order of the Chief of ........ =P°lice'~"~°r'°ther'~ProPer-~a-ut~o~-i~Y,-shall~he--guilty-of a misdemeanor. SECTION 12. The provisions of every ordinance of this city and. every -4- 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 ~ of this ordinance, shall be deemed suspended during the period between any air raid.lwarning signal and the next succeeding all clear signal. SECTION 13. Any person who shall violate any provision of this ordin- ance shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not exceeding three hundred dollars ($300.00) or by imprisonment in the County Jail not exceeding three months, or byboth such fine and imprisonment. SECTION 14. IThis ordinance is hereby declared to be an emergency measure within the meaning of Section 24 of the Charter of the City of Bakersfield, California~ and necessary for the immediate preservation of the public peace, health and safety, and shall take effect immediately upon its passage by the Council of the City of Bakersfield. The City Clerk shall causelthis ordinance to be published once in the Bakersfield Californian, a newspaper of general circulation printed and published in the City of Bakersfield. 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 applications of this ordinance which can be given effect without the invalid provision or application, and to this end Ithe provisions of this ordinance are declared to be severable. o0o ............ I HEREBY CERTIFY that the foregoing Emergency Ordinance was passed and adopted by the Co~cil of the City of Bakersfield at a regular meeting thereof held on the day Of -_~ , 1941, by the following vote: AYES: CLEMENTS, 14AilMRDUlt;', NORRIS, $IEh~ON, SI,IITH, ....... , VE,~CAIwtt4EN NOES: ~ City C1 of the Council of the City of Bakersfield. APPROVED by me this ~ day of December, 1941. e City'~ff Bakers field ..... STATE OF CALIFORNIA~ County of Kern ~ ss. V. VAN RIPER, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified Clerk of the City of Bakersfield; .and that on...~ ..... ...'~_....5.. ........19...~.../.., he posted on the Bulletin Board at the .City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on .....~....._.~.....>...., 19...~..../., which ordinance was numbered-----~----Q--7- ........ New Series, and entitled: AN EMERGENCY ORDINANCE OF THE CITY OF BAKERSFIELD RELATING TO AIR RAID PRECAUTIONS.