HomeMy WebLinkAboutORD NO 625 EMERGE~NCY ORDINANq~O..~[WEW SERIES
AN EMERGENCY ORDINANCE OF Th]~ CITY OF BAKERSFIELD'
RELATING TO RESTRIC~E LIGHTING IN SAID CITY ...... ~;-~.~; .~.
WER~S, the City Council hereby declares that an emer-
gency exists for the iEediate preserV~tion of the public peace~
property, safety and welfare~ which requires the passage of an
emergency ordinance relating to restricted lighting in the City
of Bakersfield,
NOW, THEREFORE~ BE IT 0RDAII~ED BY THE. COUNCIL OF THE.
...~C.ITY OF BAKERSFIELD, ' as follows:
SE~!ON 1.
J. L. DeWitt, Lieutenant General~ U. S. Army~ Command-
ing Western Defense Command and Fourth Army, by virtue of the
authority vested. in him by the President of the United States and
Executive Order No. 9066, dated February 19, 1942, and pursuant
to Public Law 503--77th Congress, approved March 21, .1942, and by
~irtue of his powers and prerogatives as Commanding General of
the-Western Defense Command, has issued Public Proclamation No.
lO, dated August %, 1942, and effective August 20, 1942', which as
amended by Public Proclamation No. t2, dated October 10, 1942, and
issued by virtue of the same authority, reads as follows (omitting
Exhibits incorporated therein):
"HF~DQUARTERS V~STERN DEFENSE C0~ND
AND FOURTH ARMY
Presidio of San Francisco, California
PUBLIC PROCLA~TION NO. 10
Augus t 5, 1942
"T0: The people within the States of Washington,
Oregon and California, and to the Public
.... General!~: ......... _ .............. vn ...... ' ...........
WHERKAS, by Public Proclamation No. 1, dated
March 2, 1942, this Headquarters, there were
designated and established Military Areas Nos. 1
and 2; and
WHEREAS, the armed forces of the enemy have
made attacks upon vessels of the United States
traveling along the'P~ic Coastal waters and upon~
land installations wit" said Nilitary Areas, andit'~
is expected that such ~acks will continue~ and
V~IEREAS, it is necessar~o provide maximum pro-
tection for war utilities, war materials and war premises
located within the States of Washington, Oregon and Calif-
ornia against enemy attacks by sea and by air;
NOW, T~HEREFORE, I, J. L. DeWiTT,~Lieutenant General,
U. S. Army, by Virtue of the authority vested in me by
the President of the United States and by the Secretary of
War and my powers and prerogatives as Cbnnnanding General
of the Western Defense Conm~and, do hereby declare that:
.1. The present situation requires as a matter of
military necessity that a Zone of Restricted Lighting be
established within Nilitary Areas Nos. i and 2, and that
illumination within said Zone of Restricted Lighting be
extinguished or controlled in such manner and to such
extent as may be necessary to prevent such illumination
from aiding theoperati0ns of the enemy.
2. Pursuant to the determination and statement of
military necessity in.Paragraph 1 hereof, a Zone of
Restricted Lighting, as particularly described in Exhibit
A hereof, and as generally shown on the map made a part
hereof and marked Exhibit B, is hereby designated and
established. Illumination within the entire area of said
Zone of Restricted Lighting shall be extinguished or con-
trolled at all times at night from sunset to sunrise, as
follows:
(a) Signs, Floodlighting, Display and Interior Light-
ing'. Illuminated signs and ornamental lighting of every
description which are located out-of-doors, and floodlight-
ing which illuminates buildings or signs (including but
not limited to all exterior advertisin~ signs,'billboards,
display lighting, theatre mareuee signs illuminated poster
panels, and'building outline fighting),'and all interior
light sources (as hereinafter defined) which emit direct
rays above the horizontal out-of-doors, shall be extinguished.
The words, "light sources," as used herein are intended and
shall be construed to mean and include any light generating
elements and the bright portion of any reflector, lens,
luminaire, transparency, or other equipment associated here-
with for the control or diffusion of light. This Section
2(a) shall not apply to illumination for industrial or pro-
(b) Illumination of Outdoor Areas~ Street and Highway
Lights. illumination of outdoor areas and industrial and
protective illumination,.shallbe controlled as follows:
Except as provided in Section 2(b) (2) hereof,
ill~U~i~Q~o~ al~_~o~t~o0.~.a~as (including
but not limited to automobile serv~68~a~ioh'~'
yards, outdoor parkin~ areas, recreation areas
and outdoor structures and roofs) shall not ex-
ceed. one foot candle at any point when measured
on a horizont~ plane at any level of such out-
door areas, and all outdoor light sources shall
-2-
(2)
the horizontal.
All interior lightin .... of every description
o r o o candle of
illumination upon any outdoor area. All street
and highway lights shall also be shielded s~
that each light source emits no more than ten
per cent of its total lamp lumens at angles
. r n any further reduction or
extinguishment of street or highway illumination
which would unnecessarily aggravate traffic~
hazards is not required.
Variations from tile foregoing requirements shall
be 'permitted in the case of illumination for in-
dustrial and protective purposes, and from indus-.
trial processes, whether interior or exterior~
but not including street or highway lights, only
when and to the extent that it is necessary to vary
from such requirements in order to achieve and main-
tain maximum efficiency; but only with the written
approval Of the Ninth Regional Civilian Defense
Board, obtained in advance.
· . (c) Traffic Signs and Signals. Illuminated signs and signals
which are authorized or maintained by governmental authority for
the purpose of controlling or directing street or highway traffic
shall be shielded so that no direct rays .from the light source
are emitted above the horizontal in respect to lights mounted
· ten feet or more above the ground, or above an angle of more
than six degrees above the horizontal in respect to lights
mounted less than ten but more than three feet above 'the ground,
or above an angle of more than twelve degrees above the
horizontal in respect to lights mounted less than three feet
above the ground. Relative variations in the.upward limit of
· light are permissible to compensate for grades.
(d) Naviga'tion and Railroad Lights. Authorized lights nec-
essary to facilitate air or water navigation, authorized rail-
road signal lights, and headlights of railroad locomotives when
in motion, are hereby excepted from all the.provisions of this
Proclamation.
3- In addition to the restrictions hereinbefore imposed, il-
lumination within that part of the Zone of Restricted Lighting
which is visible from the sea, as hereinafter defined, shall be
further diminished or obscured at all times at'night from sunset
to sunrise, as follows:
(a) Street, Highway and Traffic Lights. Street and highway
lights,'and illuminated signs (but not signals) which are auth-
orized or maintained by governmental authority for the purpose
of controlling or directing street or highway traffic and which
.... a~e-visible.~rom,the~sea, s.ha!]~_be .~:.sh.~el~gd~.~hat' the~ are
not visible from the sea at night and so that no direCt"rays
from the light source are emitted above the horizontal.
(b) Residential, Commercial and Industrial Windows. No
lighting shall be permitted behind windows or glazed doors
visible.from the sea unless they are covered by drapes or shades.
(c) Street and Highway Traffic. Within areas visible from
the sea, but subject to the exceptions hereinafter stated, vehicles
shall operate at night with no more than two lighted driving
lamps, regardless of the direction of travel, and each such
lamp shall provide a maximum of not more than 2~0 beam candle-
power. Normal rear lights~ license plate lights and clear-
ance lights (where required by law) are permitted. Vehicles
which are classified as authorized emergency vehicle~ under
the applicable Federal, State or local law, when operated by
authorized personnel~ and when displaying an illuminated red
spotlight, and when responding to a fire alarm, or when in
the immediate pursuit. of an actual or suspected violator of
the law,-or when going to or transporting a person who is in
apparent need of immediate emergency medical or surgical care,
or when responding to some other emergency involving the pro-
tection of life'or'property, shall be excepted from the fore-
going provision.
(d) Industrial and Protective illumination. Light sources
for industrial purposes and light from industrial processes
within areas visible'from the sea, shall comply with the re-
quirements of Section 2(b) hereof, and shall also be shielded
so that they are not visible from the-sea at night; provided,
that variations from these requirements may be permitted in
the case of illumination for industrial and protective pur-
poses, and from industrial processes~ whether interior or ex-
terior (but not including street or highway lights), only
when and to the extent that it is necessary to vary from such
requirements in order to achieve and maintain maximum efficien-
cy; but only with the written approval of the Ninth Regional
Civilian Defense Board, obtained in advance.
(e) 0ther Illumination. Except as hereinabove provided
in this. Section 3, all other lights visible from the sea are
prohibited at night, including but not limited to light from
fire, bonfires, parked carsT flashlights and lanterns.
(f) Definition of "Visible From the Sea".-The Phrase'
"visible from the sea", as used herein, is intended and shall
be cdnstrued to mean and include the following:
Visible at.any time from the waters of the Pacific Ocean,
or from the waters of the Straits of Juan de Fuca lying south
of a line extending due east from the most southerly point
of Vancouver Island and west of a line running due north and
'.south through the easternmost point of the easterly boundary
line of the Cityof Port Townsend, Washington, or visible from
any of those bodies of water located on the shoreline of the
State of California generally known and described as follows:
Santa'Nonica Bay;
Santa Barbara Channel;.
San Luis 0bispo Bay;
Estero Bay; and
Monterey Bay~
Provided, however, that the waters of San Francisco Bay,
........ !Y~_~g _easterly of a-line extending from Point Bonita through
Mile Rock,'is nSt intended a~ ~hafl"~S't' b~=~S~2~ea'{0~ be
a part of the sea; and solely for the. purposes of Section
3(c) hereof, concerning street and highway traffic, the
phrase, "areas visible from the sea"~ is also intended and
shall be construed to mean and include that portion of
streets or highways which iay not in fact be visible from
the sea but which is within areas generally visible from
the sea.
4. Any person violating any of the provisions of this
Proclamation, or orders issued pursuant thereto,~is subject
to immediate exclusion from the territory of the Western
Defense Command, and to t~e criminal penalties provided in
Public Law No. ~03, 77th Congress, approved Narch 21, 19~2~
entitled "An Act to provide a penalty for the violation of
restrictions or orders with respect to persons entering,
remaining in, leaving, or committing any act in military
areas or zones."
5- The Ninth.Regional Civilian Defense Board is hereby
designated as the primary agency to aid in the enforcement
of the foregoing provisions. It iS requested that the civil
law enforcement agencies and State and local governmental
'bodies within the areas affected by this Proclamation assist
the Ninth Regional Civilian Defense Board in the enforcement
hereof.
1942.
This Proclamation shall become effective August 20,
J. L. D~WiTT
Lieutenant General, U. S. Army,
Commanding".
SECTION 2.
Said Public Proclamation No. 12, in addition to amending
Proclamation No. lO as hereinabove set forth, contains the follow-
ing paragraphs:
~B.., This proclamation shall become effective October 25, 1942,
except those provisions of Subsection 2(b) (1) hereof~ concern-
ing street and highway lights, which shall become effective
November 12, 19~2.
C. The recitals set forth in the'first.three paragraphs of
said Public Proclamation No. lO are hereby reaffirmed. Except
as hereinbefore expressly amended, all the provisions and
determinations expressed in said Public Proclamat'ion No. l0
shall remain in full force and effect."
SECTION 3.
The City of Bakersfield hereby recognizes the civil and
military necessity for the concurrent enforcement of the provisions
of Public Proclamation No. lO~ as amended as aforesaid, by the City
of Bakersfield and.the federal government.
SECTION 4.
The City of Bakersfield is within the Zone of Restricted
Lighting~ designated and established by SECTION 2 of said Public
Proclamation No. lO as amended'as aforesaid.
SECTION ~.
Whoever on or after October 25, 1942, shall commit any
act in the City of Bakersfield contrary to the provisions of
either SECTION 2 or SECTION 3 of Public Proclamation No. lO as
amended as ~foresaid, which amended proclamation is hereinabove
set forth in full, shall be guilty of a violation of this ordin-
ance,which viol'ation shall constitute a misdemeanor, and upon
conviction thereof shall be punishable by a fine of not to exceed
three hundred dollars ($300.00), or by imprisonment for not to
exceed three (3) months, or by both such fine and imprisonment.
SECTION 6.
This ordinance is required for the immediate preserva-
tion of the public peace, health and safety, and shall take effect
immediately. The following is the statement of facts constituting
such urgency: The United States is at war and this city by the
provisions of Public Proclamation No. lO, as amended by Public
Proclamation No. 12, is located in a military zone of restricted
lighting established as a matter of military necessity in order
to minimize the danger of enemy attack and to provide maximum
protection for war utilities, war materials, and war premises.
By reason of the immediate threat of enemy attack compliance with
the provisions.of Public Proclamation No. lO, as amended by Public
Proclamation No. 12 is essential for the protection of the lives
and property of the people of the City of Bakersfield.
o0o
.I HEREBY CERTIFY that the foregoing Emergency Ordinance
was passed and adopted by the Council of the City of Bakersfield,
at a ~egular meeting
daythereof held on the of October, 1942,
by the following vote:
AYES: CLEMENTS, MARMADUKE, NORRIS, SIEMON, SMITH, VANDERLEI, VERCAMMEN
NOES: _~ ..................................................
.... :: .................................... '
APPROVED. <:. ---,.,,../
"' a~o"~:'. 'City ~le~k and E~-O~f~c~o Cle:~ of,the '
STATE OF CALIFORNIA}
County of Kern i ss.
V.' VAN RIPER, being duly sworn, deposes and says:
That he is the duly appointed, acting and qualified Clerk of the City of Bakers field;
and that on ...... ~ ...... ..~.....~.. .......... 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
was numbered.....~....~..~ ..... New Series, and entitled:
AN E~,xiERGENCY ORDINANCE OF THE CITY OF
BAKERSFIELD RELATING TO RESTRICTED
LIGHTING IN SAID CITY.