HomeMy WebLinkAboutCC Ord 270 1942-11-05
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ORDINANC;;; NO. ~70.
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~ The City Council of the City of Seal Beach,
AN ORDINAl'!CE OF THE CI TY OF S;SAL BEACH
CALIFORNIA, RELATI~G TO RESTRICTED '
LIGHTING.
7 California, does ordain as follows:
8 Section 1: J. L. DeITitt, Lieutenant General,
9 U. s. Army, Commanding '.lestern Defense Command and
10 Fourth Army, by virtue of the authority vested in
11 him by the President of tt.e United States and Execu-
12 tive Order No. 9066, dated February 19, 1942, and
13 pursuant to pUblic Law 503-77th Congress. approved
14 March 21. 1942, and by virtue'of his powers and pre-
15 rogc.tives as Cor.unanding Generc.l of the '.;est:;rn De-
16 fense Com:nand. has issued Publi c Proclamation No.
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10, dated ~ugust 5, 1942, and effective August 20.
1942, ~hich as amended by PUblic Proclamation No. 12,
dated October 10. 1942, and issued by virtue of the
s~r.Je authority, reads as folIous:
HEAD QUART;.i; RS
1JEST::;R~ DEF;:;I~SE CO:.J\~AED .AI':D FCURTH ARMY
Presidio of San Francisco,
California.
PUmJC f.ROCL;.;:.U~TION NQ..., 10
august 5. 1942
TO: The people \"!ithin the States of ',:ashing-
ton! Oregon and California, and to the
Pub ic Generally:
~m~R~AS, by Public Proclamation No.1,
dated ~6rch 2. 1942. this Headquarters, th&re
were designc. ted &nd established Mili tary Areas
Nos. 1 c.nd 2; and
~~E~EAS the armed forces of the enemy
have made attc.cks upon vessels of the United
States traveling along the Pacific Coast&l
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waters and upon land installations vathin
said I,IilitE..ry A.reas, t".nd it is expected that
such attacks ':ill continue; and
~h~REAS, it is necessary to ~rovide
rr.aximum protection for war utilitIes war
mat e r-i al S E..nd ,,!ar p l"emi ses Iocr:. ted vIi th in
the States of Uashington, Oregon and Cali-
fornia against enemy attac~s by soa and by
ai r;
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NO'.!, TH:::; R::: FORE ). I, J. L. DeTIi t t, Li eu-
tenant General, U. ::i. .c.roy. by virtue of
the authority vested in my by the President of
the United States end by the Secretary of ~ar
and my po'"ers and pr.erogatives as COI:llllanding
General of the ',{estern Defense Command. do
hereby dech.l'e that:
l. The present situation requ~res as a
matter of military necessity that a zone of
Re stricted Lighting be established va thin-
Military Areas Nos. 1 and 2, and that illumin-
ation TIithin said Zone of Restricted Lighting
be extinguished or controlled in such manner
and to such extent as may be nece~sary to pre-
vent such illumin~tion from aiding the opera-
tions of the enemy.
2. Pursuant to the determination and
statement of militE..ry 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 desig-
nated and established. Illumination vIithin
the entire area Of said Zone of Restricted
Lighting shall be extinguished or controlled
at all times at nigtt from sunset to sunrise.
as follows:
(a) SIGNS, FLOODLIGHTING DISPLAY AND
INTERIOR LtGn~ING. Illuminated signs and or-
namental lighting of every description TIhich
are located out-of-doors, and floodlighting
which illumin~tes buildinJS or signs tinclu-
ding but not limited to all exterior advertis-
ing signs, billboards, display lighting,
theatre marquee signs, illumih~ted po~ter
panels, and building outline lighting), and al
interior lie~t sources (as hereihafter defined
which emi t direct rays above the horizontal
out-of-doors shall be extinguished. The
words, "light sources," as used herein are
intended and shall be construed to mean and
include any light genereting elements and the
bright portion of any reflector, lens, lumin-
aire, transpai-ency, or other equipment associ-
a ted hereui th for the cont rol or diffusion of
light. This Section 2(a) shall not ap~ly to
illumination for industrIal or protective pur-
poses except to tte extent provided for in
Section 2(b) hereof.
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(b) ILLULIINATION OF OUTDOOR AREAS.
STR:':ET .nND HIGH.:.hY LIGHTS. Illuoim.tion of
outdoor al'eas and indu.s trial and protective
illumin~tion, shall be controlled as follous:
(l) Except as provided in Section
2(b) (2) hSi."'eOf, illumin:.t1on on all outdoor
areas (Including but not limited to autoQobil
service station yards, outdoor parking areas,
recre&tion ar~as ~nd outdoor structures and
roofs) shell not exceed one foot c~ndle ~t an
point w~en m~asured on a ~orizontal plane at
any level of such outdoor areas, and all out-
door ligl~t sources shall be shielded so that
no Girect rays from the li[~t source are emit-
ted above the horizontal. ~ll interior li~ht-
i;.g of ev~ry descri~tion sh~ll be reduced or
controlled so th~t it does not contribute more
t~an one foot c&ndle of illuminction upon any
outdoor area. All stree t c.nd l:igh\":ay lights
shall also ~e shielded so that each light
source emits no more than ten per cent of its
total lao.p I umens at angles abOve. the horizon-
t~l. Provided the foreboing reQuirements are
met, any f~rthsr reduction or extinguishment
of street or hi;;h'ilay illumination v:l.ich \'Tould
unnecessarily aggravate traffic hazards is not
reQuired.
(2) Variations from the forogoing
requirements shall be permitted in the case
of illumim:.tion for industz.ial ~nd ~rotective
purposJs, and froo inQustrial processes, wheth r
interior or ext3rior, but not including street
or hi[huay lights, only \'Then and to the extent
that is necess~ry to vc.ry from such require-
ments in order to achieve and maintain maxLmum
efficiencYi but only \'lith the ~ritten approval
of the Nin~h Regional CiVilian Defense Board.
obtained in advance.
(c) TRfiFFIC SIGNS ~~~ SIili~ALS. IlIum
inated signs and signals vihich are authorized
or maintained ;:,y governoe:ltc.l authori ty for
the ~urpose of controlling or directing street
or hlghl.'.'LY traffic shall be shielded so thc.t
no direct rays from ~he light source ~re eoit-
ted above tl:.e horizon tal in rs spect to lights
mounted ten feet or reore above the ground, or
above an an91e of more than six degrees above
the horizont&l in respect to lights ~ounted
less than ten but mOl~e than t11ree feet ::..bove
the ground, or above un angle of lilore than
t\'lelva degre s ubove the horizontal in respect
to lights nounted less tLan three feet above
t~e bround. ael~tive v~ri&tions in the up\'lard
limi t of liSht &y'e peroisslble to coo.pensL.te
for grades.
(d) :';.tiVIG~':'ICI~ .A1:D h.o.ILRO....D LIG~~TS.
....uthorized li[llts necessc..ry to facili t,:::::e air
or '.:ater" l1C.vi~:.:.tion, authorized ruili'oad sibna
liGhts, ~id ~8adligfits of r&ilroad loconotives
\'lhen in motion, are hsrJby excepted from all
the provisions of this Frocla~ation.
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3. In &ddition to the restrictions
hereinbefore imposed, illumination IIi thin
that pE..rt of tl:e Zone of ::-"estricted LightLlg
rmich is visible froD tne sea] as hereincfter
defined, shall be furtt~r dimInished or ob-
scured ~t all ti41es ~t night from sunset to
sunrise, as follous:
( t cTR-."'T T.~I G"- . . Y ""'D ""'-':, ""'FI C
a t.J .:J~,.:oJ. r... .,b. .l'U\ 1.n.n."Lt
LIGHTS. S rset and 11ighu~y l1g1'lts, LnG illum-
im:.ted signs (but not siGnals) \thich are au-
thorized or Llaintained by governLle!l~al au thor-
i ty for tt.e pur pose of controlli!1g or direct-
ing stre et or high"day traff i c and. ,"!h icl1 are
visible fro~ the seE.., sh&ll be so shielded
that they are not visible from the sea at
night and so th~t no direct rays from the
liGht source ~i:e emitted (:(oove the horizontal.
(b) RESID::;:~:TI.tI.Ll CQi.L;.;2;RCI";'L .A.i:D
IKDi.JST~.IJl.L :n::;JO':iS. 1':0 it;htinG shall be per-
mitted behind uindous or glazed doors visible
from the sea unless they are covered by drapes
or shades.
(c) STR;;;~T rtI,D EIGI:;".l.A.Y TR.fl.Fr.'IC. ','lith
in areas vlsiQle from the sea, but sUbject to
the exceytions h~reinaft3r stcted, vehicles
shall op3rate &t night ~ith no ~ore than two
lighted driviTI[ l~mps, regardless of the direc
tion of travel, anG each such lanQ shell pro-
vide a maximULl of not more than 250 beam
cE..ndlepo~er. KorLlal reE..l li~hts, license
plate l1gt.ts lild Cles.i~(:(nce 1Ig:.tS (r;l:are re-
quired by law are pei:ffiitted. Vehicles ~hich
are class:fie as aut~orized emergency vehicle
under the applic&ble Federal, State or local
law, ~hen op~rE..ted by &uthorized personnel~
~nd ~hen displaying an illuminatea red spo~-
light, cnd '."[lien res'l)onGing to a fire alE..rm,
or r:hen in the im~eaif..te lJursui t of an actual
or suspected violator of the law, or vIDen goin
to or transporting a person who IS in aoparent
need of immediate c~9rgency medical or surgica
cara, or when responding to SODe other emer-
gency involving the protection of life or pro-
pert~, shall be excepted from the foregoing
provIsion.
Cd) INDUS~RInL ~ND ?ROT~CTIV~ ILLilldIN
.';'TI01\. Light sources for industrial ')ur:\?oses
and light from industrial processes withIn
areas Visible frOLl the sea, s~all comply \"lith
the requireffients of Section 2(b) hereof, and
shall also be shielded so that they are not
vi si bIe frOLl the s A::. at night; provided~ tllE. t
variations from these reQul~ements ~ay De
permitted in the case of illuminktion for
industrial and nrotective ryurposes, and from
industricl ~rocesses, whether i~tGrior or ex-
terior 'but no t incl ud.ing stree t or highHay
lights), only \"lhen ~nd to the extent that it
is necesscry to v[ry from such r~~uirements
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in order to ~chieve and maintain maximum
efficiencyi' but only TIith the wri~ten approval
of the Nin h Regional Civilian Defense Board,
obtained in adv~nce.
(e) OTH:::R ILLUI.IINi.Tlm:. Except as
hsreinabove provided in this Section 3, all
other lights visible from the sea are prohib-
ited at nieht, includin€ but not limited to
li[ht from fires, bonfires, parked cars, flash
ligl-;.ts &nd Ian terns.
(f) DJ:FINITION OF "VISI3L::i: FROI.I TEE
5TI:A." Tne phrase "visible from the sea,n as
used herein, is intended &nd shall be construe
to mean and include the following:
Visible at any time from the Haters
of the Pacific Ocean, or from the waters of th
Straits of Juan de Fuca lying south of a line
extending due east from the most southerlr
point of Vancouver Isl:.nd E.nd \7est of a 1 ne
running due north and south through the east-
ernmost point of the easterly bound&ry line of
the City of Port To\msend, ~ashington, or
visible from any of those bodies of \~ter loca
ted on the shoreline of t.l1e State of Californi
generally known and described as follows:
Santa Monica Bay;
Santa Barbara Channel;
San LUis Obispo Bay;
Estero Bay; D.nd
lI~onterey Bey;
Provided, however, thct the waters of
San Francisco Bay lying easterly of a line
extending from PoInt Bonita through Mile Rock,
is not intended and shall not be construed to
be a part of the sea' ar.d solely for the pur-
poses of Section 3(c~ hereof, concerning stree
and high';;ay traffic, the phrase "areas vi sible
from the sea," is al so in tended 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 seE..
4. Any uerson violating any of the pro-
visions of this Procl&mation, or orders issued
pursuant thereto, is subject to immedi~te ex-
clusion from the t6rritory of the Jestern De-
fense Command, ~nd to the criminal penalties
provided in Public Law No. 503i 77th Congress,
approved I.;arch 21. 1942, enti t ed "An Act to
provide a ?enalty for the violation of restric
tions or orders ~ith respect to Jersons enter-
ing, remaining in, leaving, or committing &ny
act in military areas or zones."
5. The Nint.11 Regional Civilisn Defense
Board is hereby desi3nated as the primLry
&cency to ~id in the enforceoent of the fore-
going provisions. It is requested that the
civil la\'T enforcenent &gencies ...nd State and
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local govern~ental bodies ~ithin the areas
affected by this Procl~mation assist the
Ninth Regional CiviliEn Defense Board in the
enforcement hereof.
6. This Proclamation shall become effec-
tive August 20. 1942.
J. L. De'.7ITT
Lieutenant General, U.S. Army,
Commanding
Section 2: Said pUblic Proclamation No. 12,
10 in addition to amendinG PUblic Procla~ation No. 10
11 as hereinabove set forth, contains the following
12 paragraph s :
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"B. This proclam~tion shall beco~e effec
tive October 25t 1942{ excent those provisions
of Subsection 2 b) (lJ h3reof, concerning
street Lnd hi~~\~y lights! nhlch shall become
effective Noveober 12, 19~2.
"c. The recitals set forth in the first
three Daragr~phs of s~id Public Proclaoation
No. 10' are hereby reaffir:.ied. Except ~s here-
inbefore expl-essl y LI:lel-;.ded, all the provisi ons
and det~rTIinations expressed in said pUblic
Proclama ti on No. 10 shall r8main in full fovce
and effect.if
Section 3: The City of Seel Beach hereby
21 recognizes the civil cnd milltery necessity for the
22 concurrent enforcement of t:.e provisions of pUblic
23 Proclamation No. 10, as amended as aforesaid, by tIle
24 City of Seal Beach, Callforni~, and the federal gover -
25 ment.
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Section 4: The City of Seal Beach is ~ithin
the Zone of Restricted Lighting, designlted and esta-
blished by Section 2 of said PUblic Proclama~ion No.
10 as a~ended as aforesaid.
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Section 5: -,"ihoever on or" 'fter October 25..
1942, shall comrait LnY ~ct in the City of Seul ~each
contr~ry to the provisions of Sections 2 or 3 of
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public Proclamation No. lO as @mended as aforesaid.
which amended proclamation is h~rein&bove set forth
in full, shall be guilty of a violation of this
ordinance which viol:. tion stull consti tute a mis-
demeanor and upon convicti on th ereo f shall be punish-
abl e by a fine of not to exceed 0300.00 or by impri-
sOnr:J.ent for not to exceed three months, or b~r both
such fine and imprlsonnent.
Section 6: This ordinance is required for the
immedi~te preservation of the public peace, health
and safety, and Ehall take effect immedl.tely. The
following is the statement of facts constituting such
urgency: The United States is at war and this city
by the provisions of PUblic Proclamation No. 10 as
amended by PUblic Proclamation No, 12 is located in
a mili~ary zone of restricted lighting established as
a matter of military necessity in order to minimize
the danger of enemy attack f....d to provide maximum
protection for \7ar utilities, Vlar r.laterials and war
premises. By reason of the i:~edi~te threat of enemy
attack compliance ~ith the provisions of PUblic Pro-
clam~tion No. 10 as ~ended oy Public Proclamation
No. l2 is essential for the protection of the lives
and propsrty Of the people of the City of Seal Beach,
Cal if ornia.
Section 7: The City Clerk stall certify to
the adoption of this ordinance and cause it to be
published once in tIle Seal Be ach Post &. ","lave, a ne\"ls-
paper of gene:-al circul::.tion printed z.nd published l.n
this ci ty.
P ASSs:n, ~1.DOP7ED .,l':D APPEOV:J.:D th i s Sd. day 0 f
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1 G-ete1h,.:.', lS42.
l~~h;Jcil~:~, Seal
B~ch. Califomia
:.ttest:
t//~J~
CITY C .;",?
I he reby c3rtify tl1~ t the forego ing Ordinance
~as adopted by the City Council of the City of Sval
Beach at a regul~r neetinG of the Council held the
_\~t!:: dES of ~(3Di'c\,::,.~:WI'1942. &n( tl1~t the saIi~e Y.'as
::_dopted by the follo'.:ing vote. to IIi t:
AY3S: Councilmen
21 NOES: Councilmen If..".. II)
22 iU3S:::~T: Councllnen ~(J)
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