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HomeMy WebLinkAboutOrdinance #463 s ORDINANCE No.463 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH,E1 CALIFORNIA, DECLARING AND DEFINING AN ERGENCY TO EXIST, AND ADOPTING PROCLAMATION #10 AS AMENDED REGULATING LIGHTING WHEREAS, the United States is at War and this City by the provisions of Public Proclamation No. 10 as amended by Public Proclamation No. 12 is located in a military zone n of restricted lighting established as e. 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. AND WHEREAS, by reason of the immediate threat of enemy attack, compliance with the provisions of Public Proclamation No. 10 as amended by Public Proclamation No. 12 is essential for the protection of the lives and property of the people of the City of Huntington Beach, California. NOW THEREFORE, in and by the above preamble and statement the Council declares and defines that an emergency g Y _ exists necessitating the following ordinance for the immediate preservation of the Public peace, property, convenience, i health and safety; WHEREFORE, the City Council of the City of Huntington Beach, California, does ordain as follows: i i , Section 1: That J. L. DeWitt, Lieutenant General, U. S. -- Army, Commanding Western Defense Command and Fourth Army, by i �t 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 Congi►ess, approved March 21, 1942, and by virtue of his powers and prerogatives as Commanding General of the Western Defense Command, has issued Public Proclamation No. 10, dated August 5, 1942, and i effective August 20, 1942, which as amended by Public Pro- clamation No. 12, dated October 10, 1942, and issued by virtue b of the same authority, reads as follows (omitting exhibits incorporated therein) : HEADQUARTERS WESTERN DEFENSE COMMAND, AND FOURTH ARMY Presido of San Francisco, California PUBLIC PROCLAMATION # 10 August 5, 1942 To: The People Within the States of Washington, Oregon, and California, and to the Public Generally: WHEREAS, by Public Proclamation No. 1, dated March 2, 1942, this Headquarters, there was designated and established i Military Areas Nos. 1 and 2; and j WHEREAS, the armed forces of the enemy have made attacks upon vessels of the United States traveling along the Pacific Coastal Waters and upon land installations with { in said military areas, and it is expected that such attacks `- will co-ntinue; and I �G3 I WHEREAS, it is necessary to provide maximum protection for war utilities, war materials and war premises located within the States of Washington, Oregon, and California against enemy attacks by sea .and by air; NOW THEREFORE, I, J. L. DeWitt, Lieutenant General, U. S. Army, "by virtue of the Authority invested in me by the President of the United States and by the Secretary of War and my powers and prerogatives as Commanding General of the Western Defense Command, do hereby declare that: 1® The present situation requires as a matter of �r military necessity that a Zone of Restricted Lighting be established within Military Areas Nos. 1 and 2, and that illumination within said Zone ,of Restricted Lighting be extinguished or controlled in such a manner and to such extent as may be necessary to prevent such illumination from aiding the operation's of the enemy., 2., Pursuant to the determination and statement of military necessity in Paragraph 1 hereof, a Zone of Res- tricted Lighting as particularly described in Exhibit A hereof, and as generally shown on a map made a part hereof and marked Exhibit .B, is hereby designated and established. Il-lumination within the entire area of said Zone of Res- tricted Lighting shall be extinguished 'or controlled at all } times at night from sunset to sumrise as follows: (a) Signs, Floodlighting, Display and Interior Light- inge Illuminated signs and ornamental lighting of every description which are located out-of-doors, and flood : I �G3 II lighting which illuminates buildings or signs (including i but not limited to all exterior advertising signs, bill- boards, display lighting, theatre marquee signs, illuminated poster panels, and building outline lighting, ) 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 i reflector, lens luminaire, transparency, or other equipment associated herewith for the control or diffusion of light. This section 2 (a) shallNapply to illumination for industrial or protective purposes except to the extent provided for in Section 2(b) hereof. (b) Illumination of Outdoor Areas; Street and Highway Lights. Illumination of outdoor areas and industf°tal and protective illumination, shall be controlled as follows: a (1) Except as provided in Section 2(b) hereof, illum- ination on all outdoor areas (including but not limited to automobile service station yards, outdoor parking areas; recreation areas and outdoor structures and roofs) shall not exceed one foot candle at any point when measured on a horizontal plane at any level of such outdoor areas, and all outdoor light sources shall be shielded so that no direct rays from the light source are emitted above the horizontal. All interior lighting of every description shall `~ be reduced or controlled so that it does not contribute more i ' than one foot dandle of illumination upon any outdoor area. All street and highway lights shall also be shielded so that J^ each light source emits no more than ten percent of its total lamp lumens at angles above the horizontal. Provided the fore- going requirements are met , any further reduction or exting- uishment of street or highway illumination which would un- necessarily aggravate traffici.:hazard.s is not required. (2) Variations from the foregoing requirements shall be permitted in the case of illumination for industrial and protective purposes, and from industrial processes, whether f- 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 maintain maximum eff4ciency; but only with the written app- roval 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 government i 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 e94itted 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 feet but more than three feet a.bovethe ground, or above an angle of more than twelve degrees above the horizontal in respect to lights i �! mounted less than three feet above the ground. Relative I t variations in the upward limit of light are permissible to compensate for grades. (d) Navigation and Railroad Lights. Authorized lights necessary to facilitate air or water navigation, authorized railroad signal lights, and headlights of railroad locomotives when in motion, are hereby excepted from all provisions of this proclamation. (3) In addition to the restrictions hereinbefore imposed, illumination within that part of the zone of Restricted Lighting which is visible from the sea, as y 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 authorized or maintained by governmental authority for the purpose of controlling or directing street or highway traffic and which are visible from the sea, shall be so shielded that they 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 here- inafter stated, vehicles shall operate at night with no more than two lighted driving lamps, regardless of the �G? direction of travel, and each such lamp shall provide a maximum of not more than 250 beam candlepower. Normal rear lights, license plates lights and clearance lights (where required by law) are permitted. Vehicles which are classified as authorized emergency vehicles 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 g Y medical or surgical care, or when responding to some other emergency involving, the protection of life or property, shall be F- excepted from the foregoing 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 requirements of Section 2 (b) hereof, and shall be also shielded so that they are not visible from the sea at night; provided, that the variations from these requirements, . � may be permitted in the case of illumination for industrial and protective purposes, and from industrial processes, whether i interior or exterior ( but not including street or highway lights) , only when and to the extent that it is necessary to � l vary from such requirements in order to achieve and maintain maximum efficiency; but only with the-written approval of the Ninth Regional Civilian Defense Board, obtained in advance. i - 7 - 41G3 (e) Other 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 fires, bonfires, parked cars, flashlights and lanterns. (f) Definition of t1 Visible from the Sea® " The phrase visible from the sea, " as used herein, is intended and shall be construed 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 i g g the easternmost point of the easterly boundary line of the City of Port .Towneend, 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 Monica Bay; , I Santa Barbara Channel; San,,,L.ui,s Obispo, Bay; Estero Bay; and Monterey Bay; Provided, however, that the waters of San Francisco Bay, lying easterly of a line extending from Point Bonita through Mile Rock, is not intended and shall not be construed to be a part of the sea; and"'solely for the purpose of Section 3 hereof$ " c©ncerning street and highway traffic, the phrase, r-I H areas visible from the sea. " is also intended and shall be construed to mean and include that portion of streets or �yG.3 highways which may 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 the crimminal penalties provided in Public Law No. 503, 77th Congress, approved March 21, 19422 entitled 11 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 y- 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. 6. This proclamation shall become effective August _ 20, 1942. } J. L . DeWitt Lieutenant General, U. S. Army, Commanding Section 2. That said Public Proclamation #122 in addition to I !�-- amending Public Proclamation No. 10 as hereinabove set forth, contains the following paragraphs; - 9- �E B9 "This Proclamation shall become effective October 25, 1942, except those provisions of Subsection 2 (b) (1) hereof, concerning street and highway lights, which shall become effective November 12, 1942. 11 n C. The recitals set forth in the first three paragraphs of said Public Proclamation No 10 are hereby reaffirmed. Except as hereinbefore expressly amended, all the "provisions and determinations expressed in said Public Proclamation No. 10 shall remain in full force and effect. 11 Section 3. That the City of Huntingtn Beach, California, i hereby recognizes that Civil amd Military necessity for the concurrent enforcement of. the provisions of Public Proclamation No. 10, as amended as a.sforesaid, by the City of Huntington r Beach, and the Federal Government. Section 4. That the Clty' of Huntington Beach, Calif- ornia, is within the Zone of Restricted Lighting, designated and established by Section 2 of said Public Proclamation No. 10 as amended as asforesaid. Section 5. Whoever on or after October 25, 1942, shall comit any act in the City of Huntington Beach, California) i contrary to the provisions of Section 2 or Section 3 of Public 1 Proclamation No. 10 as amended as asfforesaid, which amended proclamation is hereinabove set forth in full, shall be guilty of a violation of this Ordinance which violation shall constitute a misdemeanor and upon conviction thereof shall be punishable by a fine of not to exceed $300,00 .or by Imprison- ment for not to exceed three months, or by both such fine and im risonment. � P i > I Section 6. If any Section, subsection, sentence, clause or phrase of this Ordinance for any reason is held to be unconstitutional, such decision shall not affect the validity of the remaining portion of the Ordinance. The City Council of the City of Huntington Beach, California hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or ` more sections, subsections, sentences, clauses, or phrases be declared unconstitutional. Section 7. 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 a in force from and after the passage and adoption hereof. Section 8. The City Clerk shall certify to the pass- age and adoption of this Ordinance ,by a vote of four-fifths (4/5) of the members of the City Council, and shall there-- after for more public notice cause the same to be published by one insertion in the=_:Huntington Beach News, a newspaper of general circulation, printed, published and circulated in the City of Huntington Beach, California. MAYOR ' AT-TEST• City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: City of Huntington Beach, ) I, C. 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 thit the whole number of members of the City Council of the City of Huntington Beach ` is five; that the foregoing Ordinance was tip first read to said City Council at a meeting thereof held on the ln- day of October, 1942, and was again read to ` the City Council at a regularly,,Adjourned meeting thereof held on the 3 day of October,1942 and was passed and adopted by the affirmative vote of more' ,than a majority of all the members of said City Council as.rfdl7_ows: AYES: Councilmen _ o7G ; y NOES: Councilmen ABSENT: Councilmen _n C� + City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California* I