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HomeMy WebLinkAboutOrd. No. 1942-250 Incomplete9- 2' ORDINANC7 NO. 250 AN ORDINANCE OF THE CITY OF ELSINORE RELATING TO RESTRICT3D LIGHTING TH' CITY COUNCIL OF TI'lE CITY OF sLSINORE DOES ORDAIN AS FOLLO'ddS : SECTION 1. J. L. DeWitt, Lieutenant General, U. S. Army, Commanding Western Defense Command and Fourth Array, 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 virtue' ',.of his powers and prerogatives as Commanding General of theiostern Defense Command, has issued Public Proclamation No. 10, dated August 5, 1942, and effective August 20, 1942, which as amended by Public '. '.Proclamation No. 12, dated October 10, 1942, and issued .:y virtue of the same authority, reads as follows (omitting Exhibits incorporated therein): HE A]Y,,UART3RS WT STE'RN D�SF' +;NS's =,' AND FOURTH AllvY Presidio of San Francisco,California PUi?LIC PROCLAVATION NO. 10 August 5, 1942 "TO: The people within the States of '',Jashington, Oregon and California, and to the Public Generally: 7IVEREAS, by Public Proclamation No. 1, dated March 2, 1942, this H ^adquarters, there were designated and established I"ili- tary Areas Nos. 1 and 2; and 4VHL'R AS, the armed forces of the enemy have made at+,acks upon vessels of the United Statos traveling along the Pacific Coastal waters and upon 1 =).nd installations within said 'Jilitnry Areas, and it is expected thct such attacks will continue; and `UHI;RL',45, it is necessary to provide maximum protartion for war utilities, war materials and ra— mises locet,ed within the States of 'Washington, Oregon and California against enemy attack by sea and by air; 1I0','1, THEREFORE, I, J. L. DeYITT, Lieutenant General, U. S. Army, by virtue of the authority vested in me by the President of the United States and by the Secretrry of 'Alar and myy powers and prerogatives as Com,anding General of the 'Western Defenso Command, do hereby declare that: 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 extent 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 pert her ,of and marked Exhibit B, is hereby designated and established. Illumination within the en- tire of said Zone of Restricted Lighting . shall be extinguished . or controlled at all, times at night from sunset to sunrise, es follows: (a) Signs, Floodlighting, Display and Interior Lighting. II.I umin -:ted signs and ornamental lightinr of every description which are located out -of- doors, and floodlighting which illumin -', (c) Traffic Signs and Sis;nals. 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 lipijts mounted ten foot or more above t:ho ground, or above an angle of more than six. degreos above the horizontal in respect to lights mount- ed less than ton but :pore than throe foot above the ground,, or above an angle of morn than trcalve dogrees above the !mound. Relative variations in the uu card limit of li,eht; are permissible to compensate for r., ,re d.e s. (d) Navigation and Railroad Lights. Authorized lights nocess- _ ary to facilit- air or rcter navi. gretion, authorized _ silroad signal lights, and hadlirhts of railroad locomotives when in mo +ion, are hereby excepted from all the _provisions of this Proclamation. r 3. In addition to the restrictions hereinbefore, imposed, illumination withan that part of the Zone of Restricted Lighting which is - fro the ssa, as hereinafter defined, shall be further diminished or obscured at all tunes a_t nagizt from sunset to sunrise, as follows: (a) ,Street, Hi p;hway and 'Praffic Lights. Street and highway l.igW: , and i.laurninated signs (but not signals) which are anthor- c�. ates building or si.;..ns 'incluCin but not limi.tod to all. eater- for advertising signs, billboards, display lighting, theatre mar- quee signs, illuminate 1 postri, oanels' and building outline lighting), and a17. intoi °ior light jources (as hereinafter d_ePina<i- which emit direct rays above the horizontal out: -of- doors, shall '.. be extinguished. The words, "light sources," as used harein are intended and shall be construed to mean and inclule any l.i.ght generating elements and the 'aright portion of any reflector,, lens, luia i.naire, transparency, or other equipment associated herewith for the control or diffusion of light. This Section 2(a) shall not apply to illumination for industrial or protec- tive p'urnoses except to the extent provided for in Section 2(b) , hereof. (b) Iliwsi.nation of Outdoor Areas; Street and Highway Lights.i Illumination of outdoor areas and industrial and protective illumination, shall be controlled. as .follows: L, (1) 3xcapt as provided in Section 2(b) (2). hereof, illumi- nation on all outdoor areas (including but not limited to automobile service station yards, outdoor narking areas recreation areas and outdoor structures and roofs] shall. not exceed one foot enndlo 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 re- duced or controlled so that it does not contribute more than one .foot candle of illumination upon any outdoor area. Al, street and highway lights shall also be shielded so that each Light source emits no more than ten per cent, of its total lamb lumr;ns at angles above the horizontal. Provided the foregoing requirements are met, any further reduction or ex- '... tinguishment of street or highway illumination which would unnecessarily aggravate traffic hazards is not required. (2) Variations from the foregoing requirements shall be nermitt:ad in the case of illumination for industrial and protective purposes, and from industrial processes, vrhether interior or exterior, but not-including street or highway lights, only when and to the extent that -' it is necessary to vary from such requiremonts in or -'. der to achieve and maintain maximum efficienc- y; but only with the written aporov -.l of the Ninth Regional Civilian Defense Board, obtained in advance. (c) Traffic Signs and Sis;nals. 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 lipijts mounted ten foot or more above t:ho ground, or above an angle of more than six. degreos above the horizontal in respect to lights mount- ed less than ton but :pore than throe foot above the ground,, or above an angle of morn than trcalve dogrees above the !mound. Relative variations in the uu card limit of li,eht; are permissible to compensate for r., ,re d.e s. (d) Navigation and Railroad Lights. Authorized lights nocess- _ ary to facilit- air or rcter navi. gretion, authorized _ silroad signal lights, and hadlirhts of railroad locomotives when in mo +ion, are hereby excepted from all the _provisions of this Proclamation. r 3. In addition to the restrictions hereinbefore, imposed, illumination withan that part of the Zone of Restricted Lighting which is - fro the ssa, as hereinafter defined, shall be further diminished or obscured at all tunes a_t nagizt from sunset to sunrise, as follows: (a) ,Street, Hi p;hway and 'Praffic Lights. Street and highway l.igW: , and i.laurninated signs (but not signals) which are anthor- `'29 ORA %TNr.NC^•, 1d0. 250 CWiTI`dIJ'3D ized or maintained by governmental authority for the purpose of controlling or directi_nP; stre -;t or highway traffic and uh,i.ch are: visible from the sea, shall _fig so shielded that they are not visible from the sea at night and so that no direct rays from the light source are emitted e??ove the horizontal. (b) Residential, Commercial and Industrial `�indo•as. No light- ing shall be permitted behind. ia,indows or glazed door visible from the sea unless they are covered by drapes or shades. (c) Street and. Highway Traffic. ':Yi.l:hin areas visible from the sea, but subject to the exceptions hereina Pt�r stated, vehi cles shall operate at night with no more than two ligh+:ed driv- ing lamps, regardless of the direction of travel, and ouch such lamp shall provide a maximum of not more than 250 beam candle- power. Normal rear lights, license plate lights and clearance lights (where required by law) are permitted. Vehicles which are classified as authorized emergency vehicles under the appli, si:,l.e Federal, State or local law, when operated by authorized personnel, and when displaying an i.11.uminated red spotlight, an( when responding to a fire alarm, or when in the immediate pur- suit of an actual or suspected violator of the law, or when goii to or transporting a person who is in apparent need of immediate emergency medical or surgical care, or when responding to some other emergency involving the nrotection of life or property, shall be excepted from the foregoing provision. (d) Industrial and Protective Illumination. Light sources for industrial purposes and light from industrial processes witl in areas visible from the sea, shall comply with the requiromenl of Section 2(b) hereof, and shall also be shielded so that they are not visible from the sea at night; provided, that variation: from these requirements may be permitted in the case of illnmin. tion for industrial and protective purposes, and from industri.a: processes, whether interior or extorior (but not including stye( or highway lights), only when and to the extent that it is nec- essary to vary from s,,:ch requirements in order to achieve and maintain maximum efficiency; Lut only with the written approval of the Moth Regional Civilian Defense Board, obtained in ad- vance. (e) Other Illumination. Except as hereinabove provided in this Section 3, all, other lights visible from the sea are pro- hibited =it night, including but not limited to light from fire, bonfires, parked cars, flashlights and lanterns. (f) Definition of "Visible From the Sea." The phrase "visi- ble from the sea," as used herein, is intendod and shall be con strued 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 Van- couver Island and west 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 mater located on the shoreline of' the State of California generally known and described as follows: Santa PFonica Bay; Santa Barbara Channel; San Luis Obispo Bay; Estero Bay; and Monterey Bay; Provided, however, that the waters of San Francisco Bay, ly- ing easterly of a line extending from Point Bonita through Mile Rock, is not intended and shall not be construed to be a part df'.. the sea; and solely for the purposes of Section 3(c) hereof, concerning street and highway traffic, the nhraso, " aroas visible from the sea," is ^Also intended and shall be construed to mean and include +;hat portion of streets or highways which may riot in:!. z_, U fact bs visible from the sea but which is within areas goner- ally visible from the sea. 4. Any person violating any of the provisions of this Pros lamation, or orders issued pursuant thereto, is subject to im- mediate exclusion from the territory of the Western Defense Command, and to the criminal penalties provided in Public Law No. 503, 77th Congress, apr,roved March 21, 1942, entitled "An Act to provide a penalty for the violation of restrictions or orders with respect to persons entering, remaining in, leaving, or comriitting any act in military areas or zones." 5. The Ninth Regional Civilian Defense Board is hereby des ignated as the primary agency to aid in the enforcement of the foregoing provisions. It is requested that the civil law en- forcement 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. De9JITT Lieutenant. General, U.S. Army,!. Commanding" SECTION 2. Said Public Proclamation No. 12, in addition to '.. amending, Public Proclamation No. 10 as hereinabove set forth, con- tains the following paragraphs: "B. This proclamation shall become effective October 25, 1942, except those provisions of Subsection 2(b) (1) hereof, concern- ing street and highway lights, which shall become effective Nov ember 12, 1942. C. The recitals set forth in the first three paragraphs of said Public Proclamation No. 10 are hereby reaffirmed., i''xcopt as hereinbefor -a expressly a. ,ended, all the provisions and datermina- tions expressed in said Public Proclamation No. 10 shall. remain in full force and effort." SECTION 3. The City of Elsinore hereby recoc;nizes the civil and military necessity for the concurrent on£orement of the provis- ions of Public Proclamation No. 109 as amended as aforesaid, by the City of Elsinore and the federal government. SECTION 4. The City of Elsinore is within the Zone of Re- stricted Lighting, designated and established by S- ?CTION 2 of said Public Proclamation No. 10, as amended as aforesaid. SECTION 5, 'a7hoev -r on or after October 25, 1942, shall. com- mit any act, in the Cit -( of Elsinore contrary to the provisions of either S -CTION 2 or S?CTIOY 3 of Public Proclamati.en -No. 10 as amend - ad as aforesaid., which amended proclam!:.tion is hereinabove set ford, in full, shell ''re guilty of ", viol =ti.on of this ordinance which vio- lation shall constitute a misdemeanor and unon conviction thereof shall. be punishabla by a f'ne of not to exceed 8300.00 or by ir,- prisonm•ant for not to erces:d three months, a,' by both such fine rand imprisonment. SECTION 6. This ordinance is required for the immediate ore servation of the Public peace, health and safety, -n,', shall take effect imm di;tal.y T'ne following is the statement of facts r,m)s,i tuting such urgency: The Uuited States is at vrar and this city by the provisions Of Public Proclamation No. 10 as amended by Public Proclamation No. 12 is l.oaated in a military zone of restrictod lighting established as a matter of mi.l.itury necessity in ord:-r to minimize the danger of en ^.my attack and to provide maximum protec- tion for ,=r. -.r utilities, war materials and mar premises. By reason of the irmnediat:e threat of enemy attack compliance with the provis- ions of Public Proclamation No. 10 as amended. by Public Procl.amatio No. 12 is essential for the protection of the lives and property of the people of the City of Elsinore. ORDINANCE: NO. 250 CONTINUED 221 iviayor of t i biY.y S30TION 7. The City Cleric shall a °reify to the adoption of this ordinance and cause; it to tie published once in the 3lsinore Leader Press, a neeisnaper of general circulation printed and pub- lished in this city. Attest: iC erlc o the CJ.ty o 'alsinore I hereby approve the foregoing Ordinance this 19th day of October 1.942. of Clsinore State of C.allfornin, City of Elsinore, County of River- side, as. 1, C. J. ISalina, the July elected, malified rind acting Clerk of this City of E1 inore, California, do hereby certify that the fe ago:i.nm Ordinance -rya :._uly and r,qulsrly introduced on the 13th day of Oct. 1942, and ,ias na sad and adopted by t o City Council of s -Jd 6i.ty of :ls.inoro x. - ,tular adjourned ne ^ti.ng of said Council b lcl on the 19th ,,y of Cot., 1942, by tha Pollorri.ng vote: Ayes: Councilmen:- C.A. Lovejoy, Leslie Mart,ifield, Di Henry Pera-et, J.R. ;gills Yz f. Pfatich oe s : ;done Absent: None asinore