HomeMy WebLinkAboutOrdinance No. 3731
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AS FOLLOWS:
e
ORDINANCE N0. 373
AN ORDIIANCE OF THE CITY OF AZUSA
RELATING TO RESTRICTED LIGHTING
THE CITY COUNCIL OF THE CITY OF AZUSP_ DOES ORDAIN
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 Ide. 9066, dated February 19, 1942, and pur-
suant to Public Law 503 --77th Congress, approved March 21, 1942)
and by virtue of his powers and prerogatives as Cor -handing
General of the Western Defense Command, has issued Public Procla-
mation 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 (omitting Exhibits incorporated therein):
HEADQUARTERS WESTERN DEFENSE COIt4IUM
AND FOURTH ARMY
Presidio of San Francisco, California
PUBLIC PROCLAT.:1ATION NO. 10
August 5, 1942
"TO: The people within the States of Washington,
Oregon and California, and, to the Public
Generally:
WHEREAS, by Public Proclamation No. 1, dated
March 2, 1942, this Headquarters, there were desig-
nated and established Military Areas Idos. 1 and 2;
and
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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 said Military Areas,
and it is 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, THEREFORE, I, J. L. DeWITT, Lieuten-
ant General, U. S. Army, by virtue.of the authority
vested in me by the President of the United States
and by the Secretary of War and my powers and pre-
rogatives as Commanding General of the R'estern
Defense 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 s-afd
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 state-
ment 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 times 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 floodlighting 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 hereinafter defined) which emit
direct rays above the horizontal out -df -doors,
shall be extinguished. The words, Flight
sources," as used herein are intended and shall
be construed to mean and include any light
generating elements and the bright portion of any
reflector, lens, luminaire, 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 protective
puoses except to the extent provided for in Section
2(b hereof.
2.
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(b) Illumination of Outdoor Areas; Street
and Highway Lights. Illumination of outdoor areas
and industrial and protective illumination, shall
be controlled as follows;
(1) Except as provided in Section 2(b)
(2) hereof, illumination on all. outdoor
areas (including but not limited to auto-
mobile service station yards, outdoor parking
areas, recreation areas and outdoor structures
and roofs) shall not exceed one foot candle
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 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
not required.
(2) Variations from the foregoing require-
ments shall be permitted in the case of
illumination for industrial and protective
purposes, and from industrial processes,
whether interior or exterior, but not in-
cluding street or highway lights, only
when and to the extent that it is necessary
to vary from such requirements in order to
4chieve and maintain maximum efficiency;
but only with the written approval of the
Ninth Regional Civilian Defense Board,
obtained in advance.
(c) Traffic 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 grades.
3.
1 (d) Navigation and Railroad Lights.
Authorized lights necessary to facilitate air or
2 water navigation, authorized railroad signal
lights, and headlights of railroad locomotives
3 when in motion, are hereby excepted from all the
provisions of this Proclamation.
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5 3. In addition to the restrictions herein-
before imposed, illumination within that part of
6 the Zone of Restricted Lighting which is visible
from the sea, as hereinafter defined, shall be
7 further diminished or obscured at all. times at
8 night from sunset to sunrise, as follows:
(a) Street, Highway and Traffic Lights.
9 Street and highway lights, and illuminated signs
(but not signals) which are authorized or maintained
10 by governmental authority for the purpose of controlling
or directing street or highway traffic and which are
11 visible from the sea, shall be so shielded that they
are not visible from the sea at night and so that
12 no direct rays from the light source are emitted above
the horizontal.
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14 M Residential, Commercial and Industrial
Windows. No lighting shall be permitted behind
15 windows or glazed doors visible from the sea unless
they are covered by drapes or shades.
i6 (c) Street and Highway Traffic. Within
17 areas visible from the seas. but subject to the ex-
ceptions hereinafter stated, vehicles shall operate
18 at night with no more than two lighted driving lamps,
regardless of the direction of travel, and each such
19 lamp shall provide a maximum of not more than 250
beam candlepower. Formal ~ear lights, license plate
20 lights and. clearance lights (where required by law)
are permitted. Vehicles which are classified as
21 authorized emergency vehicles under the applicable
Federal, State or local law, when operated by authorized
22 personnel, and when displaying an illuminated red spot-
22 and when responding to a fire alarm, or when
23 in the immediate pursuit of an actual or suspected
violator of the law, or when going to or transporting
24 a person who is in apparent need of immediate.emergency
medical or surgical care, or when responding to some
25 other emergency involving the protection of life or
property, shall be excepted from the foregoing pro-
26 vision.
27 (d) Industrial and Protective Illumination.
Light sources for industrial purposes and light from
28 industrial processes within areas visible from the
sea shall comply with the requirements of Section
29 2(bj hereof, and shall also be shielded so that they
are not visible from the sea at night; provided,
30 that variations from these requirements may be per-
mitted in the case of illumination for industrial
31 and protective purposes, and from industrial processes,
whether interior or exterior (but not including street
32 or highway lights), only when and to the extent that
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r
it is necessary to vary from such requirements
in order to achieve and maintain maximum effi-
ciency; but only 1•;ith the written approval of
the ninth Regional Civilian Defense Board,
obtained in advance.
(e) Other Illumination. Except as
hereinabove provided in this Section 3, all other
lights visible from the sea are prohibited -at
night, including but not limited to light from
fire, bonfires, parked cars, flashlights and
lanterns.
(f) Definition of
The phrase !Ivisible from
is intended and shall be
include the following:
"Visible From the Sea."
the sea," as used herein,
construed to mean and
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
Vancouver 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
Tovrntend, Washington, or visible from any of
those bodies of water located on the shoreline
of the State of California generally known and
described as follows:
Santa Monica Bay;
Santa Barbara Channel;
San Luis Obispo Bay;
Estero Bay; and
Monterey Bay;
Provided, however, that the waters of San
Francisco Bay, lying easterly of a line extending
from Point Bonita through file Rock, is not intend-
ed.;and shall not be construed to be a part of
the sea; and solely for the purposes of Section
3(c) hereof, concerning street and highway traffic,
the phrase, "areas visible from the sea.," is also
intended and shall be construed to mean and include
that portion of streets or highways which may not
in fact be visible from the sea but which is
within areas generally visible from the sea.
4. Any person violating any of the provisions
of this Proclamation, or orders issued pursuant
thereto, is subject to immediate exclusion from
the territory of the Western Defense Command, and
to the criminal penalties provided in Public Law
No. 503, 77th Congress, approved 11arch 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
committing any act in military areas or zones."
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5. The Ninth Regional Civilian Defense
Board is hereby designated ab the primary agency
to aid in the enforcement of the foregoing pro-
visions. it is requested that the civil law
enforcement agencies and State and local govern-
mental bodies within the areas affected by this
Proclamation assist the 1linth Regional Civilian
Defense Board in the enforcement hereof.
6. This Proclamation shall become effective
August 20, 1942.
J. L. DeWITT
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,
contains the following paragraphs:
°B. This proclamation shall become effective
October 25, 1942, except those provisions of Sub-
section 2(b) (1) hereof,. concerning,street and
hi,hwray lights, which shall become effective
November 12, 1942.
C. The recitals set forth in the first three
paragraphs of said Public Proclamation No. 10._
are hereby reaffirmed. Except as hereinbefore
expressly amended, all the provisions and deter-
minations expressed.in said Public Proclamation
No. 10 shall remain in full force and effect."
SECTION 3. The City of Azusa 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 Azusa. and the federal government.
SECTION 4. The City of Azusa i's'.within.the::Zone of-$est7icted
Lighting, designated and established by SECTION 2 of said Public
Proclamation No. 10 as amended as aforesaid.
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SECTIONS.
Whoever on or afterWav'eriber 15, 1942, . shall
commit any act in the City of Azusa contrary to the provisions
of either SECTION 2 or SECTION 3 of Public Proclamation No. 10
as amended as aforesaid, which amended proclamation is herein-
above 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 imprisonment.
SECTION 6. This ordinance is required for the immediate
preservation of the public peace, health and safety, and shall
take effect immediately. The following is the statement of
facts constituting such urgency: The united States is at war
and this city by the provisions of Public-P-roclamation No. 10
as amended by Public Proclamation 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 threat of enemy
attack compliance with the provisions of Public Proclamation
No. 10 as amended by Public Proclamation No. 12 is essential.
for the protection of the lives and property of the people of the
City of Azusa.
SECTION 7. The Mayor shall sign this ordinance and the City
Clerk shall attest the same and certify to the passage, adoption
and publication thereof and shall cause the same to be published
once, within fifteen days after its passage, in the Azusa Herald
and Pomotropic, a weekly newspaper of general circulation,
printed, published and circulated in the City of Azusa, which
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SECTIONS.
Whoever on or afterWav'eriber 15, 1942, . shall
commit any act in the City of Azusa contrary to the provisions
of either SECTION 2 or SECTION 3 of Public Proclamation No. 10
as amended as aforesaid, which amended proclamation is herein-
above 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 imprisonment.
SECTION 6. This ordinance is required for the immediate
preservation of the public peace, health and safety, and shall
take effect immediately. The following is the statement of
facts constituting such urgency: The united States is at war
and this city by the provisions of Public-P-roclamation No. 10
as amended by Public Proclamation 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 threat of enemy
attack compliance with the provisions of Public Proclamation
No. 10 as amended by Public Proclamation No. 12 is essential.
for the protection of the lives and property of the people of the
City of Azusa.
SECTION 7. The Mayor shall sign this ordinance and the City
Clerk shall attest the same and certify to the passage, adoption
and publication thereof and shall cause the same to be published
once, within fifteen days after its passage, in the Azusa Herald
and Pomotropic, a weekly newspaper of general circulation,
printed, published and circulated in the City of Azusa, which
vo 7.
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newspaper is hereby designated for that purpose, and thenceforth.;p
and thereafter this ordinance shall be in full force and effect. Ego.
WALTER I.IALONE �
Mayor of the City of Azusa
im
`.n
Attest:
AI. AHYNE9
City Olerk the City of Azusa.
Passed, approved and adopted
this9th day of _ November , 1942.
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STATE OF CALIFORNIA
County of Los Angeles )
I, H. A. HYNES, City Clerk, of the City of A2u`sa. ,
Los Angeles County; California, do hereby certify that, the fore
going ordinance was duly introduced, placed upon its first read
and fully read at a regular meeting of the City Council of:the
City of Azusa held on November 2, 1942, in the regular Gountil'4
Chambers of said City Council in said City; that thereafter "ii
ordinance was duly and regularly passed and adopted by said.00u
signed and approved by the Y'.ayor and attested by the City Cl'er
of said City, at an adjourned regular meeting of said Council Mi