HomeMy WebLinkAbout11084
ORDINANCE NO. 1108
AN ORDINANCE of the City of Port Angeles relating to restricted
2 lighting.
3 THE CITY COMMISSION OF THE CITY OF PORT ANGELES ROES ORDAIN AS FOLLOWS:
4 Section 1. S. L. DeWitt, Lieutenant General, U. S. Army, Commanding
5 :Western Defense Command and Fourth Army, by virtue of the authority vested in him
6 by the President of the United States and Executive Order No. 9066, dated February]
7 19, 1942, and pursuant to Public Law 503- -77th Congress, approved L rch 21, 1942,
8
9
10
11
and by virtue 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 as amended by Public Proclamation No. 12, dated
October 10, 1942, and issued by virtue of the same authority, reads as follows:
12 TO: The people within the States of Washington, Oregon and California,
13 and to the Public Generally:
14 WHEREAS, by the Public Proclamation No. 1, dated March 2, 1942, this
15 Headquarters, there were designated and established Military Areas Nos. 1 and 2;
16 and
17 WHEREAS, the armed forces of the enemy have made attacks upon vessels
18 of the United States traveling along the Pacific Coastal waters and upon land
19 installations within said Military Areas, and it is expected that such attacks
20 will continue; and
21 WHEREAS, it is necessary to provide maximum protection for war utilities;
22 war materials and war premises located within the States of Washington, Oregon,
23
24
and California against enemy attacks by sea and by air;
NOW, THEREFORE, I, Y. L. DeWitt, Lieutenant General, U. S. Army, by
25 virtue of the authority vested in no by the President of the United States and
26 by the Secretary of liar and my powers and prerogatives as Commanding General of
27 the Western Defense Command, do hereby declare that:
28 1. The present situation requires as a matter of military necessity
29 that a Zone of Restricted Lighting be established within Military Areas Nos. 1
30 and 2, and that illumination within said Zone of Restricted Lighting be extin-
31 guished or controlled in such manner and to such extent as may be necessary to
-1-
•
1 prevent such illumination from aiding the operations of the enemy.
2
2. Pursuant to the determination and statement of military necessity
3 in Paragraph 1 hereof, a Zone of Restricted Lighting, as particularly described
4 in Exhibit A hereof, and as generally shown on the map made a part hereof and
marked Exhibit 3, is hereby designated and established. Illumination within the
6 entire area of said Zone of Restricted Lighting shall be extinguished or con-
7 trolled at all times at night from sunset to sunrise as follows:
8 (a) Signs, Floodlighting, Display and Interior Lighting. Illuminated
9 signs and ornamental lighting of every description which are located out -of- doors,
10 and floodlighting which illuminates buildings or signs (including but not limited I
11 to all exterior advertising signs, billboards, display lighting, theatre marquee
12 signs, illuminated poster panels, and building outline lighting), and all
13 interior light sources as hereinafter defined) which emit direct rays above the
14 horizontal out -of- doors, shall be extinguished. The words, "light sources," as
15 used herein are intended and shall be construed to mean and include any light
16 generating elements and the bright portion of any reflector, lens, luminaire,
17 transparency, or other equipment associated herewith for the control or diffusion
18 of light. This Section 2(a) 'shall not apply to illumination for industrial or
19 protective purposes except to the extent provided for in Section 2(b) hereof.
20 (b) Illumination of Outdoor Areas; Street and Highway Lights. Ilium- i
21 ination of outdoor areas and industrial and protective illumination, shall be
22 controlled as follows:
23 (1) Except as provided in Section 2(b) (2) hereof, illumination on 1
24 all outdoor areas (including but not limited to automobile
•
25 service station yards, outdoor parking areas, recreation areas !
26 and outdoor structures and roofs) shall not exceed one foot
27 candle at any point when measured on a horizontal plane at any
28 level of such outdoor areas, and all outdoor light sources shall
29 be shielded so that no direct ray from the light source are
30 emitted above the horizontal. All interior lighting of every
31 description shall be reduced or controlled so that it does not
-2-
eA
1
2
3
4
5
6
7
9
10
11
12
13
14
15
16
17
18
(0)
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 not
required.
(2) Variations from the foregoing requirements shall be permitted
in the case of illumination for industrial and protective
purposes, and from industrial processes, whether 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 maximum efficiency;
but only with the written approval of the Ninth Regional Civilian
Defense Board, obtained in advance.
Traffic Signs and Signals. Illuminated signs and signals which are
authorized or maintained by governmental authority for the purpose of controlling
19 or directing street or highway traffic shall be shielded so that no direct rays
20 from the light source are emitted above'the horizontal in respect to lights
21 mounted ten feet or more above the ground, or above an angle or more than six
22 degrees above the horizontal in respect to lights mounted less than ten but more
23 than three feet above the ground, or above an angle of more than twelve degrees
24 above the horizontal in respect to lights mounted less than'three feet above the
25 ground. Relative variations in the upward limit of light are permissible to
26 compensate for grades.
27 (d) Navigation and Railroad Lights. Authorized lights necessary to
28 facilitate air or water navigation, authorized railroad signal lights, and
29 headlights of railroad locomotives when in motion, are hereby excepted from all
30 the provision of this Proclamation.
31 3. In addition to the restrictions hereinbefore imposed, illumination
•
•
1 within that part of the Zone of Restricted Lighting which is visible from the sea,
2 as hereinafter defined, shall be further diminished or obscured at all times at
3.,
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27 purposes and light from industrial processes within areas visible from the sea,
28 shall comply with the requirements of Section 2(b) hereof, and shall also be
29 shielded so that they are not visible from the sea at night; provided, that
30 variations from these requirements may be permitted in the case of illumination
31 for industrial and protective purposes, and from industrial processes, whether
night from sunset to sunrise as follows:
(a) Street, Highway and Traffic Lights. Street and highway lights,
and illuminated signs (but not signals) which are authorized or maintained by
governmental authority for the purpose of controlling or directing street or
highway traffic and which are visible from the sea, shall be so shielded that they
are not visible from the sea at night and so that no direct rays from the light
source are emitted above the horizontal.
(b) Residential, Commercial and Industrial Windows. No lighting shall i
be permitted behind windows or glazed doors visible from the sea unless they are
covered by drapes or shades.
(c) Street and Highway Traffic. Within areas visible from the sea,
but subject to the exceptions hereinafter stated, vehicles shall operate at night
with no more than two lighted driving lamps, regardless of the direction of travel;
and each such lamp shall provide a maximum of not more than 250 beam candlepower.
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 applicable Federal, State or local 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 actual or
suspected violator of the law, or when going 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 protection of life or property,
shall be excepted from the foregoing provision.
(d) Industrial and Protective Illumination. Light sources for
industrial
-4-
•
•
1 , interior or exterior (but not including Street or highway lights), only when and
2 to the extent that it is necessary to vary from such requirements in order to
3 achieve and maintain maximum efficiency; but only with the written approval of
4 the Ninth Regional Civilian Defense Board, obtained in advance.
5 (e) Other Illumination. Except as hereinabove provided in this
6 Section 3, all other lights visible from the sea are prohibited at night, including
7 but not limited to light from fires, bonfires, parked cars, flashlights, and
8 lanterns.
9
(f) Definition of "Visible From the Sea." The phrase "Visible from
10 the sea," as used herein, is intended and shall be construed to mean and include
11 the following:
12 Visible at any time from the waters of the Pacific Ocean, or from the
13 waters of the Straits of Juan de Mica lying south of a line extending due east
14 from the most southerly point of Vancouver Island and west of a line running due
15 north and south through the eastermost point of the easterly boundary line
16 of the City of Port Townsend, Washington, or visible from any of those bodies of
17 water located on the shoreline of the State of California generally known and
18
described as follows:
19 Santa Monica Bay;
20 Santa Barbara Channel;
21 San Luis Obispo Bay;
22 Estero Bay; and
23 Monterey Bay;
24 Provided, however, that the waters of San Francisco Bay, lying easterly
25 of a line extending from Point Bonita through Mile Rock, is not intended and
26 shall not be construed to be a part of the sea; and soley for the purposes of
Z7 Section 3(c) hereof, concerning street and highway traffic, the phrase, "Areas
28 visible from the sea," is also intended and shall be construed to mean and include
29 that portion of streets or highways which may not in fact be visible from the sea
30 but which is within areas generally visible from the sea.
31 4. Any person violating any of the provisions of this Proclamation,
-5-
1 or orders issued pursuant thereto, is subject to immediate exclusion from the
2 territory of the Western Defense Command, and to the criminal penalties provided
3 in Public Law No. 503, 77th Congress, approved March 21, 1942, entitled "An Act
4 to provide a penalty for the violation of restrictions or orders with respect to
5 persons entering, remaining in, leaving, or committing any act in military areas
6 or zones."
7 : 5. The Ninth Regional Civilian Defense Board is hereby designated as
8
9
10
11
12
13
the primary agency to aid in the enforcement of the foregoing provisions. It is
requested that the civil law enforcement 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.
Section 2. Said Public Proclamation No. 12, in addition to amending
14 Public Proclamation No. 10 as hereinabove set forth, contains the following
15 paragraphs:
16 "B. This proclamation shall become effective October 25, 1942, except
17 those provisions of Subsection 2(b) (1) hereof, concerning street and highway
18 lights, which shall become effective November 12, 1942.
19 "C ". The recitals set forth in the first three paragraphs of said
20 Public Proclamation No. 10 are hereby reaffirmed. Except as hereinbefore
21 expressly amended, all the provisions and determinations expressed in said Public
22 Proclamation No. 10 shall remain in full force and effect."
23 Section 3. The City of Port Angeles hereby recognizes the civil and
24 military necessity for the concurrent enforcement of the provisions of Public
25 Proclamation No. 10, as amended as aforesaid, by the City of Port Angeles and the
26 federal government.
27 Section 4. The City of Port Angeles is within the Zone of Restricted
28
29
Lighting, designated and established by Section 2 of said Public Proclamation No.
10 as amended as aforesaid.
30 Section 5. Whoever on or after October 25, 1942, shall commit any act
31 in the City of Port Angeles contrary to the provisions of Sections 2 or 3 of
•
1 Public Proclamation No. 10 as amended as aforesaid, which amended proclamation
2 is hereinabove set forth in full, shall be guilty of a violation of this
ordinance which violation shall constitute a misdemeanor and upon conviction
4 thereof shall be punishable by a fine of not to exceed $300.00 or by imprisonment
5 for not to exceed three months, or by both such fine and imprisonment.
6 Section 6. This ordinance is required for the immediate preservation
7 of the public peace, health and safety, and shall take effect immediately. The
8 following is the statement of facts constituting such urgency; The United States
9 is at war and this city by the provisions of Public Proclamation No. 10 as
10 amended by Public Proclamation No. 12 is located in a military zone of restricted
11 lighting established as a matter of military necessity in order to minimize the
12 danger of enemy attack and to provide maximum protection for war utilities, war
13 materials and war premises. By reason of the immediate threat of enemy attack
14 compliance with the provisions of Public Proclamation No. 10 as amended by Public 1,
15 Proclamation No. 12 is essential for the protection of the lives and property of
16 the people of the City of Port Angeles.
17 Section 7. When deemed necessary for the protection of the public peace,
18 health, and safety of the City of Port Angeles, the chief of Police of said city
19 is hereby delegated the authority to make rules and regulations necessary to carry
20 out all of the provision of said Public Proclamation No. 10 as amended by said
21 Public Proclamation No. 12, provided, however, that such rules and regulations as
22 may be promulgated by said Chief of Police shall not have the force and effect
23 of law until the same has been approved by the City Commission of the City of
24 Port Angeles.
25 Section 8. This ordinance shall constitute an exercise-by the City
26 of its governmental functions for the protection of the public peace, health and
27 safety, and neither the City nor any individual responding to regulations lawfullyi
28 proclaimed shall be liable in a suit for damages in connection therewith.
29 Section 9. Violation of any of the provisions of this ordinance or the
30 failure to comply with any of the rules and regulations prescribed in connection
31 therewith, pursuant hereto, shall be punishable by fine not exceeding One Hundred
-7-
•
2
Dollars (100.00) or imprisonment in the City Tail not exceeding thirty (30) days,
or by both such fine and imprisonment.
3 Section 10. If any portion, section or clause of this ordinance shall
4 for any reason be declared unconstitutional or invalid, such adjudication shall
5 not effect the remainder of the ordinance.
6 Section 11. That because of the facts above stated the adoption of
7 this ordinance is uregent and necessary for the public peace, health and safety
8 of the inhabitants of the City of Port Angeles; and an emergency is hereby
9 declared to exist. This ordinance shall take effect and be in force from and
10 after its passage, approval and lawful publication.
11 Passed first reading by the City Commission October 21, 1942.
12 Passed second reading by the City Commission October 21, 1942.
13 Passed third reading and finally passed and adopted by the City
14 Commission October 28, 1942.
15,;x,' Approved and signed by the Mayor, October 28, 1942.
r _
16 e ^
—
/_J2
:- ;: sa = i 13ayor
18 1 ...,„ . _. ,, a,
f.
19 Attest:
20
)1 44 l
City Clerk
21
22 Appro
23
24
25
26
27
28
29
30
31
City. Attorney