HomeMy WebLinkAboutOrdinance #448 f
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF HUNTINGTON BEACH,
CALIFORNIA, RELATING TO AIR RAID
PRECAUTIONS.
WHEREAS, a state of war exists between the
United States of America and other powers, including
i Japan, and
WHEREAS, the City of Huntington Beach,
California, contains an oil field producing oil and
gas, and is located on the coast, and
WHEREAS, said City of Huntington Beach,
California, is in great and continuous danger of
air and other attacks `of the enemy,
NOW THEREFORE, in and by the above pre—
amble and statement the Council declares and defines
that an emergency exists necessitating the follow®
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i ing ordinance for the immediate preservation of the
public peace, property, convenience, health and
safety;
WHEREFORE, the City Council of the City
of Huntington Beach, California, does ordain as
follows:
Section 1: As used in this ordinance
the following words and phrases shall mean:
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"Air raid warning signal" shall mean a signal, by
siren, whistle, horn or other audible device, of
two minutes duration consisting of either a
fluctuating or warbling signal of varying pitch
or a succession of intermittent blasts of about
five seconds duration separated by a silent period
of about three seconds.
"All ,olear signal" shall mean a continuous
signal, by siren, horn or other audible, device, of
two minutes dura$ibn at a steady pitch®
"Period of air raid alarm" shall mean the
interval of time between the giving of the air raid
warning signal and the giving of the neat succeeding
all clear signal*
"Blackout structure" shall mean any space
so enclosed that any illumination maintained or
existing therein is not visible from any point out—
side such enclosure*
Section 2: The Chief of Police is hereby
authorized and directed to cause the sounding of an
air raid warning signal and of an all clear signal
whens and only when, the district in which the city
is located is notified so to do by the United States
Aircraft Warning Service.
Section 3a Any person who effects or
l — maintains any illumination, or permits any illum-
ination under his control to be effected or main-
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--- twined, at any place .within the City of Huntington
Beach during any period of air raid alarm in the hours
of darkness, except within a blackout structures shall
be guilty of a misdemeanors
Section 4m The maintenance or leaving of
any illumination, except within a blackout structures '
without provision for its extinguishment, within one
minute after the commencement of a period of air raid
alarm by a competent person over the age of eighteen
years attendant at the place where such illumination
is controlled, is hereby prohibited®
Section 5: In order to enable the Chief
of Police to conform to the request of the United
States Aircraft Warning Service for the obscuration,
dimtaittion or extinguishment of any illuminations
whether in or out of doors which increases the
vulnerability of the City of Huntington Beach, or
any portion thereof$ to air attacks or for the reg—
ulation of traffic during the period of air raid
alarm,- the Chief of Police may adopt and promulgate
reasonable rules and regulations for such purposess
s and any rules or regulations so adopted by him shall
be and remain in effect for thirty(34) days there-
afters but no longer unless approved within said
�j time by resolution of the City Council; provided,
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howevers that any rule or regulation so adopted by
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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 die—
obey any lawful direction or order of a peace officer9
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 eg-tinguishment or obscuration of light®
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 patrolman, or fireman. 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 extinguish—
ing. such illumination.
Section 8: At the commencement of a period
of air raid alarm, the operator of any motor vehicle
shall forthwith brJLng 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 or street car to a stop clear of
any crossing, intersection, fire house, fire plug,
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hospital or other emergency depot or area, and during
f the hours of darkness shall extinguish all lights
therein or thereon and said motor vehicle or street
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car shall remain so situated during the petirod of
air raid alarms unless directed or ordered to move
by a peace officer, highway patrolman, or fireman®
Section 9: The provisions of this ordin—
anee 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 of the California State
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Guard while actually on duty*
(5) All vehicles of the volunteer person—
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nel engaged in the operation of the Aircraft Warning
Service of the Fourth Interceptor Command, while
such personnel are actually going to or from their
post of duty*
(6) All vehicles certified by sheriffs,
district, attorneys, the California State Highway
,I Patrol, police chiefs, and fire chiefs, when within
the respective territorial jurisdictions of the
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certifying office, as being essential to the pres-
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ervation of the public peace and safety or to the
dissemination of public information or to the national
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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.
Section 10: It shall be unlawful for any
person without authority, during any air raid alarms
to use, wear, exhibit or possess any uniform, insignias
credential, or other indication of authority, or any
imitation thereof, adopted and issued by any official
civilian defense organisations
Section 11 : Any person who shall operate
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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*
Section 12: The provisions of every ordin—
ance of this city and every administrative order made
pursuant thereto, requiring any illumination to be
_ maintained in conflict ,with this ordinance or with
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any rule or regulation made pursuant to section 5 of
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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 violete'`
any provision of this ordinance shall` be guilty of
a misdemeanor ands upon conviction thereof, shall
be punished by fine of not exceeding three hundred
dollars ($300.00) or by imprisonment in the ,County
Fail not exceeding three (3) months, or by both such
fine and imprisonment,
Section 14: That this ordinance, being
an emergency measure for the immediate preservation
of the public peace, property, health and safety,
which emergency is set forth and defined in the
preamble hereto, shall take effect and be in force
from and after the passage and adoption hereof,
` Section 15: If any provision of this
ordinance or the application thereof to any person
or circumstances is held invalid, such invalidity
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shall not affect other provisions or applications
of this ordinance which can be given effect without
the invalid provisions or applications, and to this
end the provisions of this ordinance are declared
j to be severable.
Section 16: The City Clerk shall certify
to the passage and adoption of this ordinance by a
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- vote of four—fifths of the members of the City Council
and shall thereafter for more public notice cause the
same to be published by one insertion in the Hunting—
ton Beach Newsy a newspaper of general circulationg.
printed, published and circulated in the City of
.Huntington Beach, California,
ATTEST;
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ity Clerk
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STATE OF CAtIFORNIA
County of Orange SS
City of Huntington Beach
I , Ca R. FURR, the duly elected, qualified
and acting City Clerk of the City of Huntington Beach,
and ex-officio Clerk of the City Council of said City
of Huntington Beach, do hereby certify that the whole
number of members of the City Council of the City of
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Huntington Beach is five; that the foregoing ordin-
ance was first read to said City,Council at a regular-
ly adjourned meeting thereof held on the day
of December, 1941) and was again read to said City
Council at a regularly adjourned meeting thereof
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held on the day of December, 1941, and was
� passed and adopted by the affirmative vote of more
than a majority of all the members of said City
Council as follows:
AYES: Councilmen: L ✓GZ
NOES: Councilmen:
ABSENT: Councilmen:
�- ., City Clerk and ex-officio Clerk
of the City Council of the City
U of Huntington Beach, California.
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