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O 071 -';-",,- ~, 'wo...... . ( "1,,7,.. ORDINAJ.1CE NO. 11 . .-,". -~.' ....--' AN ORDINANCE OF THE CITY OF ARROYO GRANDE RELATING TO AIR RAID PRECAUTIONS. The City Council of the City of Arroyo Grande does hereby ordain as follows: SECTION 1. As used in this ordinan'ce the following words and phrases shall roean: "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 clear signal" shall mean a continuous signal, by siren, horn or other audible device, of two minutes duration 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 next succeeding all clear signal. "BlaCltout structurell shall mean any space so enclosed that any illumination maintained or existing therein is not visible from any point outside 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 when, and only when, the district in which the cit,y is located is notified so to do by the United states Air- craft Warning Service, or other duly authorized military authority. SECTION .3. Any person who effects or maintains any illumina- tion, or permits any illmuination under his control to be effected or a,aintained, at any place wi thin the City of Arroyo Grande during any period of air raid alarm in the hours of darkness, except within a blackout structure, shall be guilty of a mis4emeanor. , SECTION 4. The maintenance or lea~ibJ of a~ illumination. except within a blackout structure, without provision for its extinguishil,ent, wi thin 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, diminution or extinguishment of any illumination, whether in or out of doors, which increases the vulnerabilit,y of the City of Arroyo Grande, or any portion thereof. to air attack, or for the regulation of traffic during the period of air raid alarm, the Chief of Police may adopt and promulgate reasonable rules and regulations for such purposes, and any rules or regulations so adopted b,y him shall be and remain in effect for thirty (30) days thereafter, but no longer unless approved within said time by resolution of the City Council; provided, however, that any rule or regulation so adopted b,y the Chief of Police may at any time be rescinded by resolution of the City Council. Provided further that a copy of said rules and regula- tions shall be forthwith filed by the Chief of Police with the Secretary of the Defense Council and with the Clerk 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 disobey any lawful direction or order of a peace officer, highway patrolman, or fireman or duly authorized air raid supervisor, 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 extinguishment or obscur.ation 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, - 2 - "---- and the sallie may be sUIiili,arily abated by any peace officer, highway patrolilian, 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 b.Y extinguish- ing such illumination. ! SECTION S. At the commencement of a period of air raid alarm, i the operator of any motor vehicle shall forthwith bring 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, shall bring such motor vehicle to a stop clear of any I I crossing, intersection, fire house, fire plug, hospital or other emergency depot or area, and during the hours of darkness shall extinguish all lights therein or thereon and said motor vehicle shall remain so situated during the period of air raid alarm, unless directed or ordered to move by a peace officer, highway patrolman, or fireman. SECTION 9. The provisions of this ordinance shall not apply to blackout emergency vehicles, which shall include the following: ] l. All Ar~ 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 being operated by members of the California State Guard while actually on duty; 5. All vehicles of accredited volunteer personnel engaged in the operation of the Aircraft Warning Service of the Fourth Interceptor Comuland while such personnel are actually going to or from their posts of duty; 6. All vehicles certified by sheriffs, district attorneys, the California State Highway Patrol, police chiefs, and fire chiefs, when within the respective territorial jurisdictions of the certify- - 3 - -----..- ing office, as being essential to the preservation of the public peace and safety or to the dissemination of public information or to the national 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 eillergency vehicles. No certificate sha~l be issued which conflicts with any regulation or order of the United States Army applicable in the area for which the certificate is issued. It shall be the duty of the officers making the certification to forthwith file a I I copy of the same with the Clerk of the Defense Council and the Clerk of the City Council. SECTION 10. It shall be unlawful for any person without authori t,y, during any air raid alarm, to use, wear, exhibitor possess any uniform, insignia, credential, or other indication of authority, or any imitation thereof, adopted and issued by any ! official civilian defense organization. SECTION 11. Any person who shall operate 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 I misdemeanor. SECTION 12. The provisions of every ordinance of this city and every administrative order made pursuant thereto, requiring any illwuination to be lliaintained in conflict with this ordinance or with any rule or regulation made pursuant to Section 5 of this or- dinance, shall be deemed suspended during the period between any air raid warning signal and the next succeeding all clear signal. SECTION 1.3. Any person who shall violate any provision of this ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not exceeding three hundred ~ dollars or by imprisonment in the county jail not exceeding three months, or by both such fine and imprisonment. - 4 - SECTION 14. This ordinance is required for the irwnediate preservation of the public peace, health and safety, and the following is the stateroent of facts constituting such urgency: The United States is at war and this city is in great and contin- uing danger of air and other attack by the enemy. SECTION 15. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable. SECTION 16. This ordinance shall take effect and be in full force and effect imwediately upon its final passage, and before the expiration of fifteen days after its passage, it shall be published with the n~"es of the members voting for and against the same at least once in the Arroyo Grande Herald Recorder, a newspaper of general circulation, published and circulated in the said City of Arroyo Grande. Passed and adopted by the City Cquncil of the City of Arroyo Grande, County of San Luis Obispo, State of California, this 2.1 :'ci'r~, day of January, 1942, by vote: Councilmen - . ,,-~ ABSENT: Councilmen III trWl---:? ( SEAL ) Attest: c ? ,W' ';r:;L Ci ty Clerk of C' Y of Arroyo - 5 - -"---- STATE OF CALIFORNIA, ) . ss. . COUNTY OF SAN LUIS OBISPO, ) 1, W. W. ROUTZAHN, Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify that the foregoing is a full, true and correct copy of Ordinance I No. 7J passed by the City Council of the City of Arroyo I Grande, County of San Luis Obispo, State of California, and that , upon the passage of said ordinance the vote was as follows: , i i ~ ..I NOES: '7l frV Q ABSENT: Councilmen C7/ trV- Q WITNESS my hand and the seal of the said City Council of the City of Arroyo Grande, County of San Luis Obispo, State of California, this ~ l~fiJ.ay of January, 1942. ~':~-." ~- :;.' - - '-'~ ( SEAL ) Arroyo - 6 - ~-- ----_.--- -