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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.