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HomeMy WebLinkAbout1942-0065b - Ordinance - 02/05/194265b BLACKOUT AND AIR RAID PROTECTION ORDINANCE AN ORDINANCE RELATING TO AIR RAID PROTECTION: AUTHORIZING BLACK- OUT AND AIR RAID PROTECTION ORDERS, RULES AND REGULATIONS: PRE- SCRIBING PENALTIES FOR VIOLATION THEREOF: AND DECLARING AN EMER- GENCY. WHEREAS, A state of war exists between the United States of America and Japan, Germany, and Italy, and the defense of the United States of America is in the hands of the Army and Navy; and WHEREAS, In modern warfare no city, however distant from the enemy, is free from attack; and WHEREAS, Lights at night time are a definite aid to the enemy in reaching military and other objectives; and WHEREAS, Blackouts, when ordered by the Army or Navy are essen- tial to the preservation of life and property in this city, is imperative that the City of College Station by all possible cooperation and assistance; and WHEREAS, Failure to extinguish lights when duly authorized authorities may result in loss of the residents of the City of College Station idents of other parts of the Nation when lights used as a guide to other objectives; aid the Army and it and Navy ordered to do so by of life by thousands as well as the res- in this city are WHEREAS, Failure to comply with orders, rules and regulations r governing excavations, traffic movements, congregation of persons in street and other public places will result in confusion and un- necessary loss of life both during blackouts and during air raids in the daytime, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: Section 1. AUTHORITY TO PROMULGATE NECESSARY ORDERS, RULES AND REGULATIONS FOR BLACKOUTS AND AIR RAIDS. In order to protect life and property in the City of College Station, Texas, from enemy action the Mayor (or other authorized official) is authorized and directed to carry out blackouts and air raid protection measures in said city at such times and for such periods as are authorized or ordered by the Army or Navy and to promulgate such orders, rules, and regulations as may be necessary to insure the success of the blackouts and air raid protection measures and to protect life and property during such periods. Such orders, rules and regulations shall include traffic movements of emergency or other vehicles, evacuation of residents, congregation of persons on public streets, sidewalks, and in public places or buildings, but this enumeration or any enumeration contained in this ordinance shall not be taken as a limitation on the power to promulgate orders, rules, regula- tions governing any other subject, persons or property which must be regulated in order to insure the proper carrying out of any duly authorized blackout or air raid protection measure. Practice black- outs and air raid drills may be carried out at such times and for - 106 - Ordinance No. 65b - Page 2 such periods as the Mayor (or other authorized officials) shall in his discretion deem appropriate or necessary but subject always to the orders and directions of the Army or Navy, and the orders, rules and regulations authorized herein. Section 1a. A "blackout" is hereby defined as any period of time designated by United States Military or Naval Authorities for extinguishing or effectively screening lights of all kinds. During such period it shall be unlawful: (1). For any person in the oc- cupancy or in the possession or control of any building or structure to fail to turn out or cause to be turned out all exterior lights thereon or connected therewith. (2). For any person to allow any light in any house, room or apartment to be visible from the outside. Managements of hotels, apartments, lodging houses and office buildings shall be responsi- ble for all exterior lights, lights in passageway, stairways, halls, corridors and other spaces not occupied by tenants or other persons and in all unoccupied rooms, apartments or offices. (3). For any person excepting as may be herein otherwise pro- vided to display or allow to shine, any light in any open space, or for any person owning or controlling any sign to allow the same to be illuminated or any light to be displayed therefrom. iw (4). For any person to drive an emergency vehicle with the lights on unless screened and shielded according to regulation pro- mulgated by the Mayor or by United States Military or Naval Author- ity. (5). For any person to place or leave any vehicle or any ob- struction of any character in any public street, avenue or alley in such a manner as to obstruct traffic, fire hydrants, or exits from public places. Emergency vehicles shall be those designated as such by the Mayor, shall exhibit on the front windshield an insignia to be designated by him, and all lights thereon shall be shielded in accordance with rules and regulations prescribed by him. In extinguishing or turning off electric lights in any build- ing or structure the main switch should not be used for such pur- pose. When deemed necessary for the protection of the public safety the Mayor shall make rules and regulations to be observed during "blackouts" in addition to those prescribed in this ordinance which shall have the force and effect of law until repealed. Section 2. GENERAL ORDERS, RULES AND REGULATIONS TO BE IN WRITING. All orders, rules and regulations authorized by this ordi- nance for the conduct of the general public shall be in writing and shall be available for public inspection at the place and during the - 107 - Ordinance No. 65b - Page 3 �w hours fixed by the Mayor (or other authorized official). Section 3. ORDERS, RULES, AND REGULATIONS EFFECTIVE UNTIL RE- PEALED BY COUNCIL. Any order, rule or regulation promulgated pur- suant to the authority conferred by this ordinance shall be in force and effect from the time of promulgation until amended or repealed by the Mayor (or other authorized official) or until repealed by the City Council. Section 4. APPOINTMENT OF SPECIAL FIRE AND POLICE FORCE AND AIR RAID WARDENS - IDENTIFYING EMBLEM. The Mayor may appoint for a specified time as many special or auxiliary firemen and policemen and air raid wardens, without pay, from among residents of the City as may be deemed advisable for service in connection with any black- out or air raid protection measure. During the term of service of such auxiliary firemen and policemen and air raid wardens, they shall possess all the powers and privileges and perform all the duties as may be set out by law, ordinance or rules and regulations pursuant thereto. They must wear such identifying emblem as may be prescribed by the Mayor and it shall be unlawful for any of them to attempt to carry out any order, rule, or regulation promulgated under the authority conferred by this ordinance when he is not wear- ing said identifying emblem. Section 5. UNAUTHORIZED WARNING OR ALL -CLEAR SIGNALS,-PROHIBI- TED. Any unauthorized person who shall operate a siren or other device so as to simulate a blackout signal or air raid, or the termination of a blackout or air raid, shall be deemed guilty of a violation of this ordinance. Section 6. NO MUNICIPAL OR PRIVATE LIABILITY. This ordinance is an exercise by the city of its governmental functions for the protection of the public peace, health and safety and neither the City of College Station , the agents and representatives of said city, or any individual, receiver, firm, partnership, corpora- tion, association, or trustee, or any of the agents thereof, in good faith carrying out, complying with or attempting to comply with, any order, rule, or regulation promulgated pursuant to the provisions of this ordinance shall be liable for any damage sustain- ed to person or property as the result of said activity. Section 7. LIGHTS DURING BLACKOUT DECLARED PUBLIC NUISANCE. Any light displayed contrary to any order, rule or regulation pro- mulgated pursuant to the provisions of this ordinance constitutes a public nuisance and when deemed necessary in order to protect life or property during a blackout or air raid the police, or the special police authorized herein, are authorized and directed to enter upon any premises within the City, using reasonable force, and extinguish lights or take other necessary action to make effec- tive any order, rule or regulation promulgated under the authority conferred by this ordinance. Section 8. CONFLICTING ORDINANCES, ORDERS, RULES AND REGULA- TIONS SUSPENDED. At all times when the orders, rules and regulations made and promulgated pursuant to this ordinance shall be in effect, - 108 - Ordinance No. 65 b - Page 4 they shall supersede all existing ordinances, orders, rules and regulations insofar as the latter may be inconsistant therewith. Section 9. NO CONFLICT WITH STATE OR FEDERAL STATUTES. This ordinance shall not be construed so as to conflict with any State or Federal statute or with any Military or Naval order, rule or regulation. Section 10. PENALTIES AND VIOLATIONS. Any person, firm or corporation violating any of the provisions of this ordinance or any order, rule or regulation issued pursuant thereto shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not exceeding One- Hundred ($100.00) Dollars. Section 11. SEPARABILITY OF PROVISIONS. It is the intention of the City Council that each separate provision of this Ordinance shall be deemed independent of all other provisions herein, and it is further the intention of the City Council that if any provisions of this Ordinance be declared to be invalid all other provisions thereof shall remain valid and enforceable. Section 12. Whereas, in order to quickly enforce any blackout order and to render the maximum protection to its inhabitants and their property against loss from air raids, it is necessary that appropriate regulations be promulgated by the City of College Sta- tion and put immediately in effect, and the lack of such regulations creates an urgency and an emergency in the immediate preservation of the public peace, health and safety requires that this ordinance shall take effect from and after its passage and publications as required by law, and it is accordingly so ordained. Passed and approved this 5th day of February, A. D. 1942. APPROVED: S /Frank G. Anderson Mayor ATTEST: S /Lucy L. Sneed Ass City Secretary M - log -