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Home My WebLink About1942-03-02 Blackout and Air Raid Protection OrdinanceDLAff:07"Z 110 :SR RAND PROTECTION ORDIMCE ')RD7°dME R L TING TO aIR RIdD F'IO < ION; <T7T blIZING 'ZI. 00T AND :JR i.ID F' )TT CiION ORDERS, RULES Z 1 HE7 I I0 3; PR A Q7 11' G PE1,11TIES FOR ZOL ATION TFE REOI'; AND WM10 AN E:: =. THEREM , A state of war exists between the United States of America and Japan, Germany, and Italy, and the defense of the united States of America is in the hands of the Army and Navy; and 7TEREAS, In modern warfare no city, however distant from the enemy, is free from attack; and YHE,MS, Lights at night time are a definite aid to the enemy in reach- ing military and other objectives; and i'IaFIREAS, Blackouts, when ordered by the Army or Navy are essential to the preservation pf life and property in this city, and it is imperative that the City o£- aid the Army and Davy 17 all possible cooperation and assistance; 1VUT7.E..S, Failure to extinguish lights when ordered to do so by duly authorized authoritie may result in loss of life by thous•�nds of the residents of the City o as well as the residents of other parts of the Nation when lighW in this city are used as a guide to other objectives; T'd?IEREIS, Failure to comply with orders, rules and regulations governing excastions, traffic movements, congrege.tion of persons in streets and other public places will result in confusion and unnecessary loss of life both during blackouts and during air raids in the daytime, now therefore, BE IT ORD&KED BY THE CITY COUNCIL OF The CITY O?G� 161 2 Tun: Section 1. AUT"r.ORITY TO PROMULGATE NECESSARY ORDERS, RLLFS 1ND REGULLTI- IONS FOR R , _C?R rTS -,D AIR RrIDS. Ja order to protect life and property it the City of Texas, from enemy action the �ayor of. 140.1, is Muthorizcd and directed to carry out blac.touts and air raid protection measures in said city at such times and for such periods as ere authorized or cr- derod by the Army or Yavy and to promulgate --.4t'eh orders, rules, and reggulstions as may be necessary to insure the sucecss of the blackouts and air raid protection neast.res and to protect life and property durinq such periods. Said orders, ruics cod regulations shall include traffic movements of emor;oncy or other vehicles, ecncuation of residents, nongregaticn of persons on public streets, sidewalks, end in public pK ees or buildings, but this enumeration or nny enumeration con.. �Qned in this ordinance shell not be token as a limitation on the power to pro- nelga.te orders, rules, regulations governing any other subject, persons or proper- ty which :must be regulated in order to insure the proper carrying out of any duly octhorized blackout or air raid protection measure. Practice blackouts and air raid drills may be carried out nt such times and for such periods as the hayor =zr erfio-iaz) shall in his discretion deem c-7ropriste or ne(- ns w but subject ulwcys to the orders ar.d directions o' the :army or "avy, and the orders, rules and regulations authorized herein, "action la. `, "blackout" is hereby defined as R-y period of time de• sig!,ted b;,- United States hilitrry or Naval Authorities for extinguishing or e"- fectively acreeninS li;,Ats of all kinds. During such period it shall be uilawW: (1). Por any person in the occupancy or in the possession or control of any ':uildiug or structure to fail to turn out or cause to be turned out all exterior -Oro%, lights thereon or connected therenith. (2). For ary person: to allow any light in any house, room or apartment to be visible from the outside. Managements of hotels, apartments, lodging houses and office buildings shall be responsible for all exterior lights, lights in passage- ways, stairwc..s, halls, corridors and other spaces not occupied by tenants or other persons and in all unoccupied rooms, aportmon.ts or offices. (3). For any person exceptinE as may be herein otherwise provided to display or allow to shine, any light in any open space, or for any person owning or control- ling any sign to allow the same to be illuminated or any light to be displayed _ ddtherefrom, 3 (4) For any person to drive an emergency vehicle with the lights on unless screened and shielded aeoording to regulation promulgated by th„ hayor or by United States Military or Naval Authority, (5) For nny person to place or leave any vehicle or any obstruction of any char- act;r in any public street, avenue or alloy in such a mcnner us to obstruot trrffic, fire hydrants, or exits from public places. Emergency vehicles shall be those designated as such by the Mayor, shall exhibit on the front windshield an insignia to be designated by him, and all lights thereon shall be shielded in accordance with rules and regulations pre- scribed by him. In extinguishing or turning off electric lights in any building; or structure the main switch should not be used for such purpose, When deemed necessary for the protection of the public safety the Mayor shall make rules End regulations to be observed during "blackouts" in addition to those prescribed in this ordinance which shall have the force and effect of law until repealed. Section 2, GENERAL ORDERS, RULES VUD REGULLTIONS TO BE I`_? WRITING. All orders, rules and regulations authorized by this ordinance for the conduct of the gorerel public shall be in xriting a.nd shall be available for public inspect. - ion at the place and during the hours fixed by the iir:yor,( ei= Section 3. ORDERS, RULES ZT'D REGIL&IONS FT ECTIVE UNTIL REPELLED BY COUNCIL. Any order, rule or regula.ti.on promulgated pursuant to the authority conferred by this ordinance shall be in force and effect from the time of pro- mulgation until amended or repealed by the Mayor or until repealed by the City Council. Section 4. APPOINT°:TEN,T OF SFRCI.'.L FIRE ITT POLICE 'RCF 0M 1IR RAW m",;DENS - IDE^"lIFiIPG E_ RLE14 The Mayor may appoint for n specified time no many special or auxiliary firemen: and policemen end stir raid rsardens, without pay, from among residents of the City as may bo deemed a.dvi.sable for service in connection A th any blackout or air raid protoction measure. DurinS the term of service of such cuxilia.ry firemen a.nd policemen and air raid wardens, they shall possess all the powers and privileges and rerform ell the duties as mc.y be set uut by law, ordinance or rules and regulations pursuant thereto. They must wear such identify- ing emblem as may be prescribed by the Mayor rnd it shell be unlawful for any o" them to attempt to carry out anyorder, rule, or regulation promulgated under t'.e Authority conferred by this ordinance when he is not weerinn said identifying emble:r,. Section 5. UNAUTEORIZED FT;RIv'IK OR rLL-CLE.R SIGY!LS F OEIBITED. I_ra unauthorized person who shall operato a siren or other device so as to simulate a blackout signal or air raid, or the termination of n blackout or air raid, Wil be deemed goilty of a violation of this ordinance. Section 6, NO CUNICIP.'h OR FR 7V_TE LI,SILITY. This ordinance is on exercise by the city of its Covernmental functions for otection of the pub-, lie paces, health d s�.fety and neither the City of he pr16. the age-'^ and representatives of said city, or any individual, recei er, firm, prftnershij- corporation, association, or trustee, or any of the agents thereof, in gooc f '4n carrying out, corplyi.n-,, with or attempting to comply with, any order, rule, or regulation promulgated pursuant to the rrovisions of this ordinance shall be l0 ble for any damage sustained to person or property as the r.-sult cf sail cti.vity, Section 7. LIGHTS DtRIN? RL;.CuOUT DECLARED P FITC YUJS BCE Inv li.ghti displayed contrary to any order, rule or regulstinn promul tej pursv ._-t to the _= provisions of this ordinance constitutes a public nuisance rnd when doeved nec- essary in order to protect lifo or property during a blackout or air raid the police, or the special police authorized herein, are ruthori.zed and lirected to enter upon any premises within the City, using reasonable force, and extinguish li hts or take other necessary action to make effective cmy order, rule or re- gulation promulgated under the authority conferred by this ordinance. Section 8. CONVICTING ORDINANCES, ORDERS, RULES AND REjUL_TIO'S SUS- PENDED. At all times when the orders, rules and regulations made and promulgated pursuant to this ordinance shall be in effect, they shall supersede all existing ordinances, orders, rules and regulations insofar as the latter may be inconsist- ent therewith. Section 9. NO COKLICT 7ITH STATE OR FEDERAL STATUTES. This ordinance shall not be construed so as to conflict with any State or Federal statute or with any Military or Naval order, rule or regulation. Section 10. PENALTIES FOR 'ZOLATIOLS. Ann person, firm or c:orporat'on violating any of tho provisions of this ordinance or any order, rule or regulation issued pursuant thereto shall be deemed guilty of a misdemeanor and upon conviot- ion thereof shall be punished by a fine of not exceeding Ono Hundred ($100.00) Dollars. Section 11. SEPARABILITY OF PROVISIOYS. It is tie intention of the City Council that each separate prevision of this Ordinance shall be deemed in-. T penc'.nn of all other provisions herein, and it is further the intention of the City C. uncil that if any provisions of this Ordinance be declared to be invalid 11 other provisions thereof shall remain valid and enforceable. Section 12. Whereas, in order to quickly enforce any blackout order and to renCcr the maximum protection to its inhabitarts and their property against loss from air raids, t ''s necessary that appropriate reStictions be promulgated by the City o and put immediately in effect, and the ac< of such regulations cre tes an urgoncy and an emor oncy in the immediate proservaaticn of the public peaeo, health end safety requires that this ordinance shall take effect from and after its passage and publication, as required by law, and it is accordingly so ordained. Passed -and approved this :_day of hynak , A. D., 194 Y. y c. G Furnis d asl�x'servlce of: The League of To hTnicipalities 2220 Gua a upe Street J Austin, exas� +" V 1