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O 078 -' " -.--. . " " .) .............. ! ORDINANCE NO. AN ORDINANCE OF THE CITY OF ARROYO GRANDE RELATING TO RESTJUCTED LIGHTIJ.lG. THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLWWS: SECTION 1. J. L. DeWitt, Lieutenant General, U. S. Army, Commanding Western Defense Command and Fourth Army, by 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 Congress, approved March 21, 1942, and by virtuo of his powers and prerogatives as Commanding General of the Western Defense Command, has issued Public Proclamation No. 10, dated August 5, 1942, and effective August 20,,1942, which was amended by Public Proclamation No. 12, dated October 10, 1942, and issued by virtue of, the same authority, reads as follows (omitting Exhibits incorporated therein): "HEADQ,UARTERS WESTERN DEFENSE C011J,1AND MID FOURTH ARMY Presidio of San Francisco, Calirornia pUBLIC PROCLAMATION NO. 10 August 5, 1942. "TO: The people within the States of WRshington, Oregon and California, and to tho Public Generally: WlIEREAS, by Public Proclamation No.1, dated March 2, 1942, this Headquarters, there were designated and established Military Areas Nos. 1 and 2; and 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 within sa1d Military Areas, and it 1s expected that such attacks will continue; and 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, THEREFOHE, I, J. L. DeWITT, Lieutenant General, U. s. Army, by virtue of the authority vested in me by the President . -- --------- 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 maxtmum efficienoy; but only with the written approval of the Ninth Regional Civilian Defenae Board, obtained in advance. (c) Traffio Signs and Signals. Illuminated signs and signals which are authorized or maintained by governmental 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 emitted 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 but more than three feet above the ground, or above an angle of more than twelve degrees above the horizontal in respect to lights mounted less than three feet above the ground. Relative variations in the upward limit of light are permissible to compensate for grados. (d) Navigation and Railroad Lights. Authorized lights necessary I to facilitate air or water navigation, authorized railroad signal lights, and headlights of railroad locomotives when in motion, are hereby exoepted fram all the provisions of this Proclamation. I 3. In addition to the restrictions hereinbefore imposed, I illumination within that part of the Zone of Restricted Lighting i which is visible from the sea, aa hereinafter defined, ahall be i i further diminished or obscured at all times at night from sunset I to sunrise, as fol~ows:~ )" ~ j: (a) Street, Highway and Tr.ffic Lights. Street and highway Ii i k lights, and illuminated signs (but not signals) whioh are author-> I, ized or maintained by governmental authority for the purpose of I I controlling or directing street or highway traffic and whioh are Ii visible from the sea, shall be so shielded that they are not I. visible from the sea at night and so that no direct rays from the I light souroe are emitted above the horizontal. I I I (b) Residential, Commercial and Industrial Windows. No i I I lighting shall be permitted behind windows or glazed doors visible I from the sea unless they are covered by drapes or shades. I I (0) Street and Highway Traffic. Within areas visible from the I sea, but subject to the exceptions hereinafter stated, vehioles I shall operate at night with no more than two lighted driving lamps, rega~dle.s of the direotion of travel, and each suoh lamp shall provide a maximum of not more than 250 beam oandlepower~ Normal rear lights, licenso plate lights and olearanoe lights (where required by law) are permitted. Vehicles which are olassified as authorized emergenoy vehicles under the applioable Federal, State or looal 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 aotual or suspected violator of the law, or when going to or transporting a person who is, in apparent need of immediate emergenoy medioal or sur- gioal oare, or when responding to, some other emergency involving the proteotion of life or property, shall be excepted from the foregoing provision.~ (d) Industrial and Proteotive Illumination. Light souroes for industrial purposea and light fram industrial prooesses 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 \ ."_1 -3.. ------------- not visible from the sea at night; provided, that variations i'rom these requirements may be perm'.t ted in the oase of illumination for industrial and proteotive purposes, and from industrial prooesses, whethor interior or oxterior (but not inoluding street or highway lights), only when and to the extent that it is neoessary to vary from suoh requirements in order to achltJ',oand ma in tain maximum effi oionoy; but only wi th tho written approval of tho Ninth Rogional Civilian Doi'onso Board, obtained in advance. (e) Other Illumination. Except as hereinabove provided in this Section 3, all other lights visible from the s.. are pro- hibited at night, ~c~ding but not limited to ll5bt trom fire, bonfires, parked oars, flashlights and lanterns. (f) Dofinition of "Visible Prom the Sea." The phrase "visible from the sea," as used he;!"ein,ls in tended and shall be oonstrued to mean and include the fol~owing: Visible at any time from the waters of the Pacifio Ooean, or from the waters of the Straits of Juan do Fuoa lying south of a line extending due east from the most southerly point of Vancouver Island and weat of a line running due north and south through the easternmost point of the easterly boundary line of the City of Port Townsend, Washington, or visible from any of those bodies of water looated on the shoreline of the State of California generally known and doacribed as follows: Santa Monica Bay; Santa Barbara Channel; San Luis Obispo Bay; Estero Bay; and Monterey Bay; Provided, however, that the waters of San Franoisco Bay, lying easterly of a line extending from Point Bonita through Mile Rock, is not intended and shall not be oonstrued to be a part of the sea; and solely for the purposes of Seotion 3(0) hereof, oonoerning streot and highway traffio, the phrase, "areas visible from the sea," is also intended and shall bo construed to moan and include that portion of streets or highways whioh may not in fact bo visible from the sea but whioh is within areas generally visible from the sea.'( 4. Any person violating any of the provisions of this Procla- mation, or orders issued pursuant thereto, is subject to immediate exolusion from the territory of the Western Defense Command, and to the oriminal penalties provided 1n Public Law No. 50~, 77th Congress, approved March 21, 1942, entitled "An Act,~p provide a penalty for the violation of restrictions or orders with respeot to persons entering, remaining in, leaving, or oommitting any act in military areas or zones." 5. The N1nth Regional C1vilian Defense Doard is hereby designated as tho primary agenoy to aid in the enforcement of the foregoing provisions. It is requested that the oivil law enforoement agencies and State and looal governmental bodies within the areas affeoted by this Proolamation assist the Ninth Rogional Civilian Defense Board in the enforcement hereof. 6. This Proclamation shall became effective August 20, 1942. J. L. DeWITT Lieutenant General, U.S. Army Commanding" .4 _ ---~---- SECTION 2. Said Publio Proolamation No. 12, in addition to amending Public Proclamation No. 10 as hereinabove set forth. oon- tains the following paragraphs: "B. This proclamation shall become effective October 25, 1942, except those provisions of Subsection 2(b) (1) her~of, concerning street and highway lights, which shall 'become effective November 12, 1942. C. The recitals set forth in the first three paragraphs of said Publio 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." . SECTION 3. The City of Arroyo Grande hereby recognizes the civil and military necessity for the concurrent enforcement of the provisions of Public Proclamation No. 10, as amended as aforesaid, by the City of Arroyo Grande and the federal government. SECTIOn 4. The City of Arroyo Grande is within the Zone of Restricted Lighting, designated and established by SECTION 2 of said Public Proclamation No. 10 as amended as aforesaid. SECTION 5. Whoever on or .fter October 25. 1942, shall commit any act in the City of Arroyo Grande contrary to the provisions of either SECTION 2 or SECTION 3 of Public Proclamation No. 10 as amend,ed as aforesaid, 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 imprisonment for , not to exceed three months, or by both such fine and hlprisonment. "'- SECTION 6. This ordinance is required for the immediate preservation of the public peace, health and safety. and shall take effect icmediately. The following is the statement of facts constitu- ting such urgency: The United States is at war and this city by the provisions of Public Proclamation No. 10 as amended by Public Procla" mation No. 12 is located in a military zone of restricted lighting established as a 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. By reason of the immediate threll. t of enemy attack compliance wi th the provisions of Publio Procla- -5- ^._-~ mat10n lTo. 10 as amended lJ'V Publl() P:r-oclnmation 110. 12 essential for the protection of the lives and proparty of the poople of the City of Arroyo Orande. .:>hCTION 'I. 'rhc Ci \;1' Clerk shall certify to tho ndopUo" of' t~is oru.Lnanoe and cause it to he published once in the Herald Recorder, 1.1. newspapor 01' goneral oirculation printed ~!\(' [.u1'lished 1n this city. Passad filnd l\doptna by t:;-:o 01 t~ Council of tho C~C 'Gy (,f 1I1'-::'oyo Grande, County of San Luis Obispo, State of California, this ~- day ot~~~ 1942. (.t...Z:,:f:'CIW<" C;.t...iJV.1 P.l!.;"j~') s,.z O~I ::/;'.1. --....f..... liO;':.;: COUNC~U ' "}/l ~ ,- AclSENT: COUNCII..Mlli1 7!~ Mayor of the CHy of Arroyo Grande, Cou.nty of San Luh Obi!Jpo, State of ATTEST: California. - 6 .. --- -----~ .-~~------ of tho United States and by the Secretary of War and my powers and prerogatives as Commanding General of the Western Defense Command, do hereby declare tha t: 1. The present situation requires as a matter of 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 manner and to such ex- tent as may be necessary to prevent such illumination from aiding the operations of the enemy. 2. Pursuant to the determination and statement of military necessity in Paragraph 1 hereof, a Zone of Restricted Lighting, as particularly described in Exhibit A hereof, and as generally shown on the map made a part hereof and marked Exhibit B. is hereby designated and established. Illumination within the entire area of said Zone of Restricted Lighting shall be extinguished or controlled at all t1mes at night from sunset to sunrise. as follows: (a) Signs, Floodlighting. Display and Interior Lighting. Illuminated signs and ornamental lighting of every description which are located out-of-doors, and floodli&lting which illuminates buildings or signs (including but not limited to all exterior advertising signs, billboards. display lighting, theatre marquee signs, illuminated poster panels, and building outline lighting). and all interior light sources (as herein- after. defined) which emit direct rays above the horizontal out-of-doors, shall be extinguished. The words, "light sources," as used herein are intedded and shall be construed to mean and include any light generating elements and the bright portion of any reflector. lens, luminaire, transparenoy. or other equipment associated herewith for the control or diffusion of light. This Seotion 2(a) shall not apply to illumination for industrial or protective purposes exoept to the extent provided for in Section 2(b) hereof. ~ ' (b) Illumination of Outdoor Areas; Stroet and Hizhway ! Lights. Illumination of outdoor areas and industrial and protective illumination, shall be controlled as follows: (1) Ex~pt as provided in Section 2(b) hereof, illumin- ation on all outdoor areas (including but not limited to automobile s:ivice station yards, outdoor parking areas. recreation a as ~nd outdoor structures and roofs) shall not exceed one toot candle at any point when me~sured 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 emit ted above tho horizontal. All interior ~ighting of every description 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 highway lights shall also be shielded so that each light source emits no more than ten per cent of its total lamp lumens at angles above the horizontal. Provided the foregoing requirements are met, any further reduction or extinguishment of street or highway illumination which would unnecessarily aggravate traffic hazards is Dot required. i.. (2) Variations from the foregoing requirements shall be permitted in the case of illumination for industrial and protective purposes, and from industrial processes, whether .. 2 .. -^--_._-._-. ---- ~ STATE Ol~ CALIFUHUIA, \ I . &S. . COUN'l'Y OF SAN LUI::: omm' 0, ) I, w. w. HQ\JTZAHN, Clark of [;1\6 Ci t;y of Arroyo (h'llmlo, County of Son Luis Obispo, Ztnto of CQl~fornia, do hcreby cl!Il'tify t,iU.t tho forogoinG is ~ full, truo and cO!'l'oct copy or Ordinance 110. 7L passed oy tho Cit;r Counc:U of !;110 City oJ.' Al'l'OYO C!'I-I)),!a, COltl1ty of San Luis Obispo, at&tI'> of' CrdU'orni&., and. that upon tl'ta passage of said ordinance thG vote was as folloYla: AYES: CO\JlICILMIDI ~i: ?/~ ABSHN'l' : _7/~ WI~!rESS my hand and tho soul of the aald City Council of the City of Arroyo Grande, County of San Luis O~)1spo, State of California, ~ ~(T}/ this day of ~t~__., 1942. ( SEAL ) - 7 .. -----_.-----