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HomeMy WebLinkAbout0495 I " ~ ORDINANCE HO. 495. . \,,11 ~ All ORDG;';,:GE OF TlIE m'Y GOm" II. OF TlIE IlliLAT);:G TO RESTRIGT.m LIGHTHm. CITY OF J\RCi,DIA TH'J: Crry COUNCIL 01,1 'l'Iill CITY OF. A;~CJ"T)IA OOZS ORDAIlI AS POL.....JO":S: SECTIOll 1. J. L. De;7itt, Lieutenant General, U.S. Army, Comlnanding '.;0 stern De fense Command and Fourth Army, by virtue of the authority vested in him by the President of the United States and Executive Order No. 9066, ds.ted February 19, 1942, and pursuant to Public Lll.\'T 503--77th Congress, approved ;:arch 21, 1942, and by. virtue of his pO\7erS and preroc;atives as ComnandinG General of the ~estern Defense Command, has issued Public Proclamation No. 10, dated AUGust 5, 1942, and effective AU3ust 20, 1942, wnich as amended by Public Proclamation No. 12, d~ted Octo1Jer 10, 1942, a.nd issued by virtue of the same authority, reads as folIous: TO: The people \7i thin the States of ':ashin(lton, OreGon and California, and to the Public Genorally: '.i'llliREAS, by Public Procl~,ation !lo. 1, .dated Barch 2, 1942, this Headquarters, there were desi3Ilated and established :iilitaI"J Aroas ,!os. 1 and 2; and \/;r..:.Lllii,S, the arr"ed forces of the enemy have made attacks upon vessels of the United states t,;:,avelin:; alon::; the Pacific Coastal waters and upon land installations within said jjilitary Areas, and it is expect- ed that such attacks will continue; and \1;{..:.IlliJ,S, it is necessary to provide maximum protection for rTar utilities, nar matel'ials and war premises located within the States of \/ashinc;ton, OroGon and Calil'ornia a,,;ainst eneny attaclm by sea v.nd by air; IW\:, TH.::;.i' ":?0;{l.::, I, J .L. De'.litt, Lieutenant General, U.S. Army, by virtue of the autborit'J vested in me by the President of the United States and by tho :Jecretary of 'Jar and my pOYTerS and prerogatives as Commandin~ General of the '\:ostern Dofense Commund, do hereby declare that: 1. The present situation requires as a matter of military necessity that a Zon3 of Restricted Li:;htinc; be ostablished \'lit,1in ;-lil- itary Areas l~os. 1 and 2, and that illulllination within said Zone of Hestricted Li,:;htin~ be oxti"l;3uished or controlled in such mannor and to suchoxtent as may b~l necessary to prevo11t such illu:nination fro:' aidi1lG the operations of thEI enemy. -1- INOExtO P.EPEALm ., / ORD. No. ..J;, i tJ".1.CV L/J.j- ~ 2. Pm'suant to the determination and statement of military necessity in Para[;raph 1 hereof, a Zone of Restricted Lir;htin(!;,as particularly de iJcri':>ed in Exhii)i t A hereof, and as Generally shorTn on the map ~de a part hereof and marked Exhibit B, is horeby designated and ostablished. Illumination nithin the entire area of said Zone of Restricted Lishting snaIl be extinGuished or c~ntrolled at aJ.l times at nisht from sunset to sunrise, as follows: (a) SIGHS, PLGODLIGITTE;C, DISPL:.Y A,m mT~Rl0H LICHTIilG. Ill~- inated siGns and ornamental li1htin~ of overy description which are 10- cated out-of-doors, and floodli3btinr; \"Ihich illt~inates bulldinr;s or siGns (including but not limited to all exterior advertising signs, billboards, display li::;htin3, theatre marqueo si3ns, illuminated poster panels, and buildin~ outline liGhting), and all interior li.:;ht Sources (as hereinafter defined) which emit direct rays above the horizontal out-of-doors, shall be extinGuished. The I'TOrdS, "liGht sources,ll as used herein are intended and shall be construed to mean and include any li~ht ::;eneratins elements and the orl.:;ht portion of any reflector, lens, lUminaire, transparency, or other equipment associated hererllth for the control or diffusion of lisht. This Section 2 (a) shall not apply to .illuoination for industrial or protective purposes except to the extent provided for in Section 2(b) hereof. (0) ILLU,,;nT.H.TIO,~ OF OUTDOOR r\..(;,~AS; S'l'RI;~T l;.liD HIGH,."Y LIGHTS. Illumination of out.door areas and industrial and protective illumination, shall be controlled 8S follows: (1) Except as provided in Section 2(bl~lereof, illumination on all outdoor areas (inclllding but not limi tad to automobile service stat.ion yards, outdoor parkinG areas, recreation areas and outdoor structures and roofs) shall not exceed one.foot candle at any point uhen measured on a horizontal plane at any level. of such outdoor areas, and all outdoor li:ht sources shell be shielded so that no direct rays from the liGht source are emitted aoove the horizontal. All interior li.:;hting of eveTJf descrlption shall be reduced or controlled so that it does not contribute more than one foot candle of illumination upon any outdoor .area. All street and hi.jhl1UY lights shall also bo shielded so that ea.ch lisht source emits no Bore than ten per cent of its total la"p lumens at UDcjlos a:,ove the - 2- lll8iW' horizontal. r.EPtAU~ ORD. Nlh ,-1";,.1',//> _-' /,'1:'",-, -.1/"',7,1., .Provided the forec;oill0 requiremonts are met, any further reduction or extin~uishment of street or hi;buay ill~ination I'nlich trol!ld unneccessarily 8.3Gravatetraffic hazards is not required. (2) Va.riationsfrom the foreGoin!S requirements sho.ll be permitted in the ~o.se of illumination for industrial and protective pur- poses, and from industrial processes, whether intorioror exterior, but notincludins street or hiGhway li~hts, only when and to the extent that it is necessury to vary frOl'1 such requirements in order to. achieve and maintaln ~aximt~ efficiency; but only with the vritten approval of the Ninth Re~ional Civilian Defense Board, obtained in advance. ( c) TRi<FPIC SIG1;S J,HD ~IGNfu.S. Illuminated signs and sicnals TIhich are authorized or maintained by governmental authority for the purpose ofcontrollin~ or directing street or highl'Tay traffic shall be shielded so that no direct rays .from tbe li,Ght source are emitted :::hove the horizontal in l'esgect to ll::;hts mounted ten feet or lllore above the ground, or above ml an~le of more than six degrees above the horizontal in resgect to li~ht;s mounted less than ten but more than tbree feet above the .<:;round, or above an an;;le of more than twelve degrees above the horizontal in respect to liGhts mounted less than three feet alove the ground. Relative variations in the upward limit of light are permissible to compensate for grades. (d) NAVIGJ\.TION 1.l'JD RJIILHOhD LIGHTS. Authorized liCbts necessary to facilitate air or water navir;ation, authorized railroad siGnal lijlts, 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, illumination tli thin that part of the Zone of Restricted Lichtin~ which is visible from the sea, as hereinafter defined, . shall be further diminished or obscured at all times at ni3bt from, sunset to snnrise, as follovrs: (a) S'l'J:1Ei;:T, rlIGli..'",y "jliD 'rR1<FFIC LIGH'l'S. Street and highway liGlt s, and ilhu,1inaGed si,3l1s (but not si[:;nals) \'Thich are authorized or maintained by governmental autllority for the purpose of controlUns or directing street or lli:;bl'Tay traffic and I'Thich are visible from the sea. shall be so shielded t~at they are not visible fron the sea at niGht and so that no direct rays from the li~ht source are eflitted a~ove the horizontal. ~ -3- ,rloEl\l'9 REPEA lWl ~RD. 1'\" ..J'-t:" I ,j/'. ' rJA/'/ &~/;:;-- (b) RESIDE:1TIAL, CO;J.IJ~RCIAL l\l!D IllDU8T!HAL ',mIDO,!S. N'o lighting shall be perni ttod behind rTindo'.is or Glazed doors visible from the sea unless they are covered by drapes or shades. (c) STREJ'l' AI!D IIIG11.:AY 'l'.~~'IC. '.fithin areas visible from the sea, but subject to the exceptions hereinafter stated, vehicles shall operate at night \'Tith no move than t\<o liGhted drivinG lam~s, re:;ardless of the direction e,f travel, and each such lamp shall provide a max:l,mum of not rrDre than f50 beam candlepower. . Normal rear lights. license plate liGhts and clearance liGhts (where required by lau) are permitted. Veh:cles uhich are classified as authorized emergency vehicles under the applicable Federal, State or local la~, vhen operated by authorized pers0nnel, and \',he::l displaying an ill~nated red spotlight, and when respond- inC to a fire alarm, or IThen in the immediate pursuit of an actual or suspected violator of the lau, or when Joing to or transporting a person who is in apparent need of immediate emergency medical or sur~ical care, or \'lhen respondinG to some other emer~;ency involvinG the protection of life or property, shall be excepted from the foreGoin~ provision. (d) INDU:::1'RIAL AND PHOT~CTIVE ILL.I1INATIOi'l. 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 also be shielded so that they are not visible from the sea at niGht; provided, th~t variations from these requirements may be permitted in the case of illuc1ination for industrial and protective ~urposes and from industrial prol~esses, \'Thether interior or exterior (but not including street or hi:3hITay Hc;htsl. only when and to the extent that it is necessary to vary from such re'quirements in order to achieve and maintain maximum efficiency; but only' I'Tith the I'Tritten approval of the Ninth Regional Civilian Defense Board, obtained in advance. (e) OTlER II, ..UiJIl'hTION. Except as hereinabove !'irovided in this Section 3, all other liChts visible from the sea are prohibited at ni~ht, includin~ but not l~nited to li~ht from fires, bonfires, Darked cars, flash- lic;hbs and lanterns. (f) DEFINITION OF tlVISIBLE FHO;~ THE SEAtI. The phrase tlvislble from tho sea" , as used herein, is intended and shall be construed to mean " '~\ Utllf)\I'- REPEAL:'" ORO, 11. -J~ t 01...1. 41~",-' -4- and include the f,:>llovJin.3: Visibll~ at any time from the waters of the Pacific Ocean, or from the I'/aterB of the Straits of Juan de Fuca ly;iIig south of a line extending due east from the most .southerly point of Vancouver Island and vrest of a lino runninc; due north and south through the easternmost point of the east€lrly boundary line of the City of Port To\'msend, ',-,as!:J.- ington, or visibl€l from any of those bodies of \mter located. on the shoreline of the State of California 3enerally known and descrioed as follo\'TS: Santa I.lonica Bay; Santa Barbara Channel; San Luis 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 sololy for the purposes of Se::tion 3(c) hereof, concerninG street and hi(3hway traffic, the phrase, "Areas visible from the sea," is also intended and shall be construed to mean :md include that portion of streets or high\7ays \'1hich may not in fact be visible from the sea but which is within areas generally visible from the S€la. 4. Any person violating any of the provisions of this Procla- mation, or orders :1,ssued pursuant thereto, is subject to immediate exclu- sion from the territo~r of the \Testern Defense Command, and .to the criminal penalties provided in Public Law No.503, 77th Con3ress, approved IJarch 21, 1942, entitled "An Act to provide a penalty for the violation of restrictions or orders \:ith respect to persons enterin~, ro;naining in, leavinG, or comr.littin,3 any act in'military areas or zones." 5. The Ninth Regional Civilian Defense Board is hereby desig- nated as the primapy a~ency to aid in the enforcement of the foregoing provisions. It is requested that the civil law enforcement agencies and State and local govl3rrnnental bodies rTithin 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. \Ifj'EI\t,;,7 ,r- g ..... ORD, 1:0, -J 0 J .1.. De '.Ii tt, Lieutenant General, U.S.Army, Co~anding. -6- ~.l:;' o;,d. 719,(;--' - SECTIOF 2. Said Public Proclamation No. 12, in addition to amending Public Proclamation No. 10 as hereinabove set forth, contains the fOllowinc parasra~hs: "B. This proclamation shall become effective October 25, 1942, except those provisions of Subsection 2(b) (1) hereof, concerning street and highuay lights, uhich shall become effective Vover~er 12, 1942. "C. The recitals set forth in the first three para::;raphs of said Public Proclamation No. 10 are her~by reaffirmed. Except as hereinbefore expressly amended, all the provisions and determinations expressed in said Public Proclamation No. 10 shall re~in in full force and effect." SECTION 3. The City of Arcadia nereby recognizes the civil and military necessity for the concurrent enforcement of the provioions of Puolic Procla'llation No. lO, as amended as aforesaid, by the City of Arcadia and the Federal Government. SECTION 4. The City of Arcadia is within the Zone of Restricted Lighting, designatod and established by Sec. 2 of said Public Proclamat:!.on No. 10 as amended as aforesaid. SECTION 5. Any person, firm or corporation violatinG uny of the provisions of this Ordinance shall be deemed Guilty of a misdemeanor and uponconvictioIl tl1ereof, shall be punishable by a fine not exceeding ~i300.00 or by imprisonment in tl1e City Jail of said City of Arcadia or in the County Jai.l of the County of Los AnGeles, State of California at the discretion of the coomlttins ma~istrate, for a period not exceedin~ three months, or by both such fine and imprisonment. SECTION 6. This Ordinance is required for the immediate preservation of the public peace, health and safety, and shall take effect immediately. The f'olloY/ins 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 amQnded 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 dancer of enemy attack and to provide maximum protection for par utilities, war materials and TIar preflises. By reason of ,the imw~diate threat of enemy attuck compliunce with the provisions of Public Proclamation No. 10 as -6- . ,.\I)I"~ amended by Public REPEALED ORO. No, Jo g O.f.cl. 19",- Proclamation lio. 12 is essential for the protection of the lives and property of the p(30ple of the City of Arcadia. SECTIOI!...1.. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in one reGular issue of the Arqadia Tribune and Arcadia Hews, a newspaper .of :;eneral circulation publie,hed and circulatod in said Cit;r of Arcadia, and there- upon and thereafter the same s~all take effect and be in force. The foreGoins Ordinance \"Ias adopted at an~ourned regular meeting of the City Council of the City of Arcadia, held on the ~day of October, 1942, by the affirmative vote of at least four Councilmen, to-ait: AY~S: C~uncilmen, Adcock, Jones, Nugent, and O~sby. NOES: None JiBSl;NT: Councilman Leeper. ~-- ~. ) City Clo,' ~ Sl~ed and approved this 2lstday of October , 1942. Al),l':C.....ST: _ : " -~~ ?7l-~(2?~ l;layo REPEALED OliO. No. ./os -7- .~9C'...... (!Act ~7'<!;--.-'