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ORDINANCE NO. 1104
1 AN ORDINi-NCE relating to the National Defense and providing for "Dim- outs" and
2 "Partial Black -outs" during the existence of a state of war with any foreign
3 power; defining offenses, prescribing penalties, and declaring an emergency.
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WHEREAS, a state of war exists between the Government of the United
5 States of America, and the Empire of Japan, the German Reich, and the Kingdom
6 of Italy; and WHEREAS, due to such status there is a necessity for the protection
of the safety of the public by " Dim - outs" and "Partial Black- outs" regulations,
thereby creating a situation constituting an emergency wherein it is necessary
for the immediate preservation of the public peace, health and safety that an
ordinance covering this subject should be enacted and become effective without
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AND WHEREAS, on the 5th day of August, 1942, J. L. Devitt, Lieutenant
General, U. 3. Army, Commanding the Western Defense Command and Fourth Army
issued Public Proclamation No. 10, which is as follows:
TO: The people within the States of,Siashington, Oregon and California,
and to the Public Generally:
WHEREAS, 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
21 of the United States traveling along the Pacific Coastal Waters and upon land
22 installations within said Military Areas, and it is expected that such attacks
23 will continue; and
24 WHEREAS, it is necessary to provide maximum protection for war utilities,
25 war materials and war premises located within the States of Washington, Oregon
26 and California against enemy attacks by sea and by air;
27 N07, THEREFORE, I, J. L. DeWitt, Lieutenant General, U. S. ,:rmy, by
28 virtue of the authority vested in me by the President of the United States and
29 by the Secretary of War and my powers and prerogatives as Commanding General of
30 the i7estern Defense Command, do hereby declare that:
31 1. The present situation requires as a matter of military necessity
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1 that a Zone of Restricted Lighting be established within Military Areas Nos. 1
2 and 2, and that illumination within said Zone of Restricted Lighting be
3 extinguished or controlled in such manner and to such extent as may be necessary
4 to prevent such illumination from aiding the operations of the enemy.
5 2. Pursuant to the determination and statement of military necessity
6 in Paragraph 1 hereof, a Zone of Restricted Lighting, as particularly described
7 in Exhibit A hereof, and as generally shown on the map made a part hereof and
8 marked Exhibit B, is hereby designated and established. Illumination within
9 the entire area of said Zone of Restricted Lighting shall be extinguished or
10 controlled at all times at night from sunset to sunrise as follows:
11 (a) Signs, Commercial Floodlighting, Display Lighting and Amusement
12 Places. Illuminated signs and ornamental lighting of every description which
13 are visible out -of- doors, and floodlighting which illuminates buildings or
14 signs, including but not limited to all exterior advertising signs, billboards,
15 display lighting, theatre marquee signs, building outline lighting, and
16 interior signs and ornamental lighting immediately within unobscured window
17 areas, shall be extinguished. This provision is not intended to prohibit
18 ordinary store show - window lighting of normal intensity, except as provided
19 for in Paragraph 3 of this Proclamation.
20 (b) Ground Areas and Industrial Illumination. Illumination of
21 outdoor areas shall be controlled as follows:
22 (1) Subject to the exceptions hereinafter stated, illumination on all
23 outdoor ground areas, including but not limited to automobile
do 24 service station yards, outdoor parking areas, recreation areas,
25 and entrances to buildings, shall not exceed one foot candle at
26 any point, and all outdoor light sources shall be so shielded
27 that no light is emitted upward. . The foregoing sentence shall
28 not apply to street and highway lights nor to the ground areas
29 illuminated solely thereby, nor to the classes of illumination
30 referred to in the next subparagraph hereof.
31 (2) All light sources for industrial and protective purposes, and
1 light from industrial processes, shall be shielded or revised
2 to to as great an extent as may be practicable in order to eliminate
3 or reduce to a minims the amount of light which is emitted
4 upward.
5 (c) Traffic Signs and Signals. All illuminated signs or signals
6 which are authorized or maintained by governmental authority for the purpose
7 of controlling street or highway traffic shall remain in operation, but shall
8 be so shielded that no light ins emitted upward.
9 (d) Navigation Lights and Railroad Signals. Authorized lights to
10 facilitate air or water navigation, and authorized railroad signal lights, are
11 hereby excepted from all the provisions of this Proclamation.
12 3. In addition to the restrictions hereinbefore imposed, illumination
13 within that part of the Zone of Restricted Lighting which is visible from the
14 sea, as hereinafter defined, shall be further diminished or obscured at all
15 times at night from sunset to sunrise as follows:
16 (a) Street Highway Lights. Street and highway lights in areas which
17 are normally visible from the sea shall be so shielded that they are not visible
18 from the sea at night and so that no light is emitted upward. It is contemplated
19 that street and highway lights in other area within the Zone of Restricted
20 Lighting shall be governed and Controlled by such Subsequent crders or proo-
21 lamations as the exigencies of military necessity may determine.
22 (b) Residential, Commercial and Industrial Windows. No lighting shall
23 be permitted behind windows or glazed doors visible from the sea unless they
24 are covered by drapes or shades.
25 (c) Street and Highway Traffic. Within areas from which normal.
26 automobile headlamps are visible from the sea all vehicles shall be subject to
27 the following regulations:
28 (1) No vehicle shall operate during the night hours between sunset
29 and sunrise with more than two lighted driving lamps, regardless
30 of the direction of travel. Each such lamp shall provide a miximum
31 of not more than 250 beam candlepower.
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(d) Industrial Fires. All light from industrial processes, and from
2 industrial fires, such as light from refuse burners, kilns, and furnances, which
3 are visible from the sea, shall be so shielded that they are not visible from the
4 sea at night, and so that no light is emitted upward.
5 (e) Except for the lights referred to in subparagraphs 2(c), and
6 2(d) hereof, all other lights visible from the sea are prohibited at night,
7 including but not limited to light from fires, bonfires, parked cars, flash-
8 lights and lanterns.
9 (f) The phrase "visible from the sea," as used herein, is intended
10 and shall be construed to mean and include that which is visible from the waters
11 of the Pacific Ocean and from all the portion of the raters of the Straits of
12 Juan de Fuca extending inland from the Pacific Ocean to a line running due north
13 and south through the easternmost point on the easterly boundary line of the
14 City of Port Townsend, Siaahington.
15 4. Any person violating any of the provisions of this Proclamation, or
16 orders issued pursuant thereto, is subject to immediate exclusion from the
17 territory of the Western Defense Command, and to the criminal penalties provided
18 in Public Law No. 503, 77th Congress, approved larch 21, 1942, entitled "An Alt
19 to provide a penalty for violation of restrictions or orders with respect to
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persons entering, remaining in, leaving, or committing any act in military areas
or zones."
22 5. The ?ninth Regional Civilian Defense Board is hereby designated as
23 the primary agency to aid in the enforcement of the foregoing provisions. It is
24 requested that the civil law enforcement agencies within the States affected by
25 this Proclamation assist the Ninth Regional Civilian Defense Board in the
26 enforcement hereof.
27 6. This Proclamation shall become effective August 20, 1942.
28 NOW, THEREFORE, BE IT ORDAINED BY TEE CITY GOn1I53ION of TnE CITY OF
29 PORT ANGELES AS FOLLOWS:
30 Section 1. That Public 11
oclanation No. 10, dated August 5, 1942,
31 issued by J. L. DeWitt, Lieutenant General, U. S. Army, Commanding the i.eetern
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Defense Command and Fourth Army, which is set forth in the preamble of this
2 ordinance, be and the same is hereby evade a,pst o4 this section of this
3 ordinance, the same as if it were set out in full in this section.
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Section 2. That it shall be unlawful for any person, firm, or corporation
5 to violate any of the provisions of said Public Proclamation No. 10, -which was
6 made a part of Section 1 of this ordinance.
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Suction 3. When deemed necessary for the protection of the public peace,
health, and safety of the City of Port Angeles, the Chief of Police of said City
is hereby delegated. the authority to make rules and regulations necessary to
carry out all of the provisions of said Public Proclamation No. 10, which was
made a part of Section 1 of this ordinance; provided, however, that such rules
and regulations as may be promulgated by said Chief of Police shall not have the
force and effect of law until the & me has been approved by the City Commission
of the City of Port Angeles.
Section 4. This ordinance shall onstitute an exercise by the City of
16 its governmental functions for the protection of the public peace, health, and
17 safety, and neither the City nor any individual responding to regulations
18 lawfully proclaimed shall be liable in a suit for dumages in connection therewith
19 Section 5. Violation of any of the provisions of this ordinance or the
20 failure to comply with any of the rules and regulations prescribed in connection
21 therewith, pursuant hereto, shall be punishable by fine not exceeding One
22 Hundred Dollars 4100.00), or imprisonment in the City Jail not exceeding thirty
23 (30) days, or by both such fine and imprisonment.
24 Section 6. That because of the facts above stated the adoption of this
25 ordinance is urgent and necessary for the public peace, health and safety of the
26 inhabitants of the City of Port Angeles; and an emergency is hereby declared to
27 exist. This ordinance shall take effect and be inforced from and after its
28 passage, approval and lawful publication.
29 passed first reading by the City Oonnission, August 12, 1942.
30 Passed second reading by the City Commission, August 19, 1942.
31 Passed third reading and finally passed and adopted by the City
1 Commission, August 19, 1042.
2 -.Approved and signed by the Mayor, August 19, 1942.
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City Clerk
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11 ity4ittorney
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, 1942.
Mayor
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