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HomeMy WebLinkAboutORDINANCES - 10201942 - 0308 QROIXAMCE NO. AN 'ORDINANCE 4F" THE COUNTY OF CONTRA A COSTA RM A I G' TO RESTRICTED LTf TI G THEBCA O SUPEMSORS €F COUNTY CP CONTR COSTA DC OA� � AS FOLLOW Section 1. X. L. DeWitt, Lieutenant General, V, S. Army? Commanding Western Defense Comand and Fourth Army, b virtue of the authority vested in him by the President of the United ,States and Executive Order No. 9066, dated February 190 1942, and pursuant to Public Law 503--17th <Congress, approved March 21, 1942, and by virtue of his powers and prerogatives as Commanding General of the Western Defense Ocumand, has issued Public Proclamation Na. 10, dated August 51 1942, and effective August 20, 1942, which as amended by Publics Proclamation No 12, dated October 10, 1942, and issued by virtue of the same authority, reads as follows (omitting exhibits incorporated therein) "HZADQ.UARTM8 WESTMN DEMSE CO lAND AND FOURTH ARMY Presidia of San Francisco, California PUBLIC PROCLAMATION NO. 10 August 51 1942 TO: The people within the States of Washington, Oregon and California, and to the Public Generally: by Public Proclamation No. 1, dated March 21 1942, this Readqaarters, there were designated and established Military Areas loos. 1 and 2; and WBEREAS, the armed forces of the enemy have made attacks upon vessels of the 'U'nited 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 %IMEAS, it is necessary to provide maximum :protection for war utilities, war materials and war premises located within the Statesof Washington, Oregon and Cali- fornia against enemy attacks by sea and by air ; NOIR, THMiEFORE, 10 J. 1. DeWITT, Lieu- tenant General, U. S. Army, by virtue of the authority vested in me by the President of the united States and by the Secretary of 'far and my powers and prerogatives as Commanding General of the Western 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 illumi- nation within said Zone of Restricted Light- ing 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 Zones of Restricted Lighting, a particularly described in Exhibit A hereof, and as generallyshown ars: they map made a part hereof and. marked ;exhibit B. is hereby designated and established. Illumination within the entire area of said Zone of Re- striated Lighting shall be extinguished or controlled at all times at night from sunset to sunrise, as follows. (a) Signs, Floodljghtlng, Rias la and Interior L htin . Illuminated s gns and ornamental lighting of every description which are located out-of-doors, and flood- lighting which illuminates buildings or signs (including but not limited to all exterior advertising. signs, billboards, display light- ing, theatre marquee signs, illuminated poster panel's, and building outline lighting) , and all .interior light sources (as herein after defined) which emit direct rays above the horizontal out-of-doors, shall be extin gui.shed. The words, tli.ght sources, ' as used herein are intended and shall be construed to mean and include any light generating elements and the brut portion of any reflector, lens, luminaire, transparency, or other equipment associated herewith for the control or diffu- sion sign of light. This Section 2(a) shall not appy to illumination for industrial or pro - tect.ive purposes except to the extent provided for in Section 2(b) hereof. -2.. (b) Illumination. of Outdoor Areas; S re i and Hi hwa° Lights. Illumination of outdoor areas And industrial and protective illumina- tion, shall be controlled as follows: (1) Except as provided in Section 2(b) (2) hereof, illumination on all out door areas ( incl uding but not lim- ited to automobile service station yards, outdoor parking areas, recre- ation areas and outdoor structures and roofs) shall not exceed eine 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 nes direct rays frcm the light source are emitted above the horizon- tal. All interior lighting of every description shall be reduced or con- trolled so that it doss not contri- bute more than one foot candle of illumination upon any outdoor area. All street and highway lights shall also be shielded so that each light sources emits no more than ten per cent of its total lamp lumens at angles above the horizontal. Pro- vided the foregoing requirements are met, any further reduction or extin- guishment of street or highway ill.umi- nation which would unnecessarily aggravate traffic hazards is not re- quired ( ) Variations: from; the foregoing require- ments shall: be permitted in the ease of illumination for industrial and protective purposes, and from indus- trial trial 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 Defenses Board, obtained in advance (c) Traffic Signs and Signals. Illuminated signs and signals which are authorized or main- tained by governmental authority for the purpose of controlling; or directing street or highway traffic shall be shielded so that no direct raps from they light ;source are emitted above the hori- zontal 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 teen but more than three feet above the, ground, or above an angle of more than twelve degrees above the horizontal in re3- sspeet to lights mounted less than three feet above the ground. Relative variations in the upward limit of light are permissible to eaompen- sate for grades. (d) Navigation andRailroad &lLhts.. Authorized lights necessary to facilitate air or water navigation, authorized rail road signal lights, and headlights of railroad locomotives when in motion, are hereby excepted from all the provisions of this Proclamation. 3. In addition to the restrictions; hereinbefore imposed, illumination within that part of the 'Zone of Restricted Light- ing which is visible from the sea, as hereinafter defined, shall be further diminished or obscured at all times at night from sunset to sunrise, as follows: (a) Street , Highway and Traffic Lights. Street and highway lights, and ill.'um neted signs (bat 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,' sha be so shielded that they are not visible from the sea at night, andso that no direct rays from the light source are emitted above the horizontal. (b) Residential: Commercial and Indus- trial Windows. No g shallbe per- mitted meed behind windows or glazed doors visible From the sea unless they are covered by drapes or shades. I c) Street and H ghway 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 oandl.epo er. Normal rear lights, license plate lights and clearance lights (where re- quired by lair) are permitted. Vehicles which are classified as authorized emergency vehicles under the applicable Federal, State of 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 mediate 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 medi- cal 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 P 'otective ;Illnina- tom. Light sources for indastr a ' purposes Ed light from industrial processes within areas visible from the sea, shall comply with the requirements of Section. 2(b) hereof, and shall also be shielded so than they are not visible from the sea at night, provided , that variations from these requirements may 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 highways lights) , only when and to the ex- tent that it is necessary to vary from: such requirements in order to achieve and main- tain maximum efficiency; but only ,with the written approval of the Ninth Regional Civil- ian Defense Board: , obtained in advance. (e) Other Illumination, Except as here- inabove pr5T deaaet :on 3, all other lights visible from the sea are pro- hibited at night, including but not limited to light from fires, bonfires, parked ears, flashlights and lanterns. (f) Definition of tV'isible Frog► the S$. ? The phrase 'visible from the seas as used herein, is intended and shall be construed 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 Xuan 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 boun- dary line of the City of Fort Townsend,, Wash- ington, or visible from any of those bodies of water located on the shoreline of the State of California generally known and de- scribed as follows: Santa Monica Bay; Santa Barbara Channel; San Luis Obispo Bay, Estero Bair; and Monterey Bay; Provided, however, that the waters of San Francisco Bay, lying easterly of a line ex- tending from Point Bonita through dile Boer, is not intended and shall not be construed to be a part of the sea; and soler 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 mai' 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 pro-- visions of this Proclamation, .or orders issued pursuant thereto, is subject to immediate exp elusion from the territory of the Western Defense Command, and to the criminal penalties provided in Public Law No. 503s 77th Congress, approved March 21, 1942 , entitled ''An Act to provide a penalty for the violation of re - striations or orders with respect to persons entering, remaining in, leaving, or committing anyy act in military areas or zones. t . The Ninth Regional Civilian Defense Board is hereby designatedas the primary agency to aid in the enforcement of the fore- going provisions. It is requested;that the civil law enforcement; agencies and State and local governmental bodies within the areae affected by this Proclamation assist the Ninth Regional Civilian Defense Board in the enforcement hereof. . This Proclamation 'shall become ef- fective August 20, 1942. J. L. DeWitt Lieutenant General, U. S. may, Commanding" Section 2. Said Public Proclamation No. 12, is addi- tion to amending Public Proclamation. No. 14 as hereinabove set forth, contains the following paragraphs B. This proclamation shall become ef- fective October 25, 1942, except those pro visions of Subsection 2fb} (1) hereof, con- eerning street and highway lights, which shall become effective November 12, 1942, C. The recitals set forth in the first three paragraphs of said Public Proclamation No. 14 are hereby reaffirmed. Except as hereinbefore expressly amended, all the pro- visions and determinations expressed in said Public Proclamation No. 14 shall remain in full farce and effect." Section 3a The County of Contra Costa 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 County of Contra Costa and the Federal Govern- meet. Section 4. The County of Contra Costa is within the Zone of Restricted Lighting, designated and established by See- tion. 2 of said Public Proclamation No. 10 as amended as afore- said.. Section 5. Whoever on or after October 25, 1942, shall commit any act in the County of Contra Costa contrary to the provisions of either Section 2 or Section 3 of Public Proclamation No. 10 as amended as aforesaid, which amended -6- r proclamation is hereinaboveset forth in full, shall be guilty of a violation of this ordinance which violation shall cousti- tote a misdemeanor and upon conviction thereof shall be punish- able by a finest not to exceed 00.00 or by imprisonment for not to exceed three months, or by bath such fine and imprison- ment. Section 6. This ordinance is required for the imme- diate 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 county by the previsions of Public Proclamation 3o. 10 as amended by Public Proclamation No. 12 is located in a mill- tart' 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 County of Contra Costa. Section 7. This ordinance shall be published once before the expiration of 15 days after its passage, with the names of the members voting for and against the same,in Concord Transcript , a newspaper of general circula- tion printed and published in said County of Centra Casts. AYES* Supervisors - Supervisors Long, Cu a:i ngs , Bollman Buchanan and Trembath. NOES: Supervisors - hone . ABSENT : Superivsors - Done. 0 . n ' the Board of up er vi s€ of Contra. Costa County, Californ 777 77 State of California, County of CO �x..., .:..#:.. t In The Matter ::.............. ...:...:..::: .............. # i� w 'i4 i #s . y. z I?el}11: f d ' NE:j3::.•• ;. ......................................... _ _ _ — _ — y� s •x ...�'•.!il:l.•..•"i1z33zi3t3s3s3E3#E3:T:d:z. ,�.�Ii deli' --- STATE OF }'`1 ........:x.... ..................z::r:: ounty of CorAm Costa _... ....__.'-___.._�!.. ..... .......... ....• ''_.- being duly 8Wf)rll ...............'�3:3:�ei;: �: :, de 'ones and saysAhat at .all tees herein:namedhe W as and now is a citien of the T.Tnited Mates o Amer- ' .ca Q & thf eighteen years, anda resldent of 33..3...:. s.... :...:...... .#. ;:.. 3..a3i3:.. .. .. . said Conty. Contra Costa. 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Iation � County I _ sa_d C_uny� of Contra osta published for the dasseanmation of'local end telegraph_c news and teligeaac of a general character, havingbona fide I �� subscri t.on list b paying subscribers and'which has ` # ::,::..:::..,.....::.. .... been esabl seed rimed and naibl_shed an said etrunt p ,liii%i for more than ave ears'last ast, and which is not devoted to the interests or published for the entertain_ %iiiii ....#. ...:.. ..:... .a.......:�.a �.........: iii .,#..::,.a%: :-_:=i=:...x... meat of' a articular class, profession, trade, calling, �ra'e or denomination.taQr. br an number thereof. :::: . .•': :i:;i:ii;t # . ...:. ....: r o .;;#i .,..„....:.:.:,:iii ��'ii'si's:''i':..#...........,a:#.ssse-s:;:i##•... ::.:i#aa,.w:.:... -. #.^. '. That the ---- ------ ------------------ bf 'which the annexed is :a printed copy, was printed iiIII and published .in the regular and entire issue of every i;i number of said paper during the per:and and times of ill:#i.;:.,e... :III ...::.:i:.:#:..3:.:::3.:::3::.::.:#:..:3.:#:.. 3% 331;ii3i#3:ii#:#' iliixiell%iiiliii%lilleili::,il iilicataoa: for .-__._.:_ _- .__._ _._._._..._- consecutive wee:....::::::. �. :is3:::3.#isi.#-::#:,:# .,:...:...................... 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