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Home My WebLink AboutO-162.5ORDINAITCE No. 162-� An ordinance Authorizing ID.ackout and Air Raid Protection Orders, rules and Regulations: Prescribing Penalties for Violation thereof; and Declaring an Emergency. T"HFRFAS, 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 17EERrAS, in modern warfare no city, however distant from the enemy, is free from attack; and V7KrREAS9, lights at night time are a definite aid to the enemy is reaching military and other objectives; and ZTHEREAS, blackouts, when ordered by the Army or Navy are essential to the preservation of life and property in this city, and it is imperative that the pity of Fairhope aid the Army and I:avy by all possible cooperation and assistance; and X VMRREAS, failure to extinguish lights when ordered to do so by duly authorized authorities may result in loss of life by numerous residents of the City of Fairhope, as well as the residents of other parts of the _elation when lights in this city are used as a guide to other object- ives; v'HFRFAS, failure to comply with orders, rules and regula- tions governing evacuations, traffic movements, congreg- ation 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 ordained by the Council of the City of Fairhope, Ala. SECTION 1, AUTHnR I TY TO PRO7,1ULGATE 'TT ;CE S SARY nRD N RS , .,/ RULES AIUJ REGULATIONS FOR BLACKOUTS AI'D AIR t IDS. In ' r order to protect life and rropert in the city of Fair - hope from enemy action the :Savor Nr authorized local Civil Defense Official) is authorized and directed to carry- out blackouts and air raid protection measures in said City at such times and for such periods as are authorized or ardered by the Army or navy and to prom- ulgate such orders, rules and regulations as may be necessary to insure the success of the blackouts and air vaid protection measures and to protedt life and property during said periods. Said orders, rules and regulations shall include traffic move- ments of emergency or other vehicles, evacuation of res- idents, congregation of persons on public streets, sidewalks, in public places or buildings, but this enumeration shall not be taken as a limitation on the power to promulgate orders, rules, regulations go'Verning any other subject, persons or property which rust be regulated in order to insure the proper carrying; out of any duly authorized blackout or air raid protection measure. Practice blackouts and air raid drills may be carried out at such times and for such periods as the "Jayor (or authorized local civil defenee off iclal ) s;iall in his discretion deerd' appropriate or necessary, but subject always to the orders and directions of the Army or Navy, and the orders, rules and regulations authorized herein* i'y,' l In T 2. G?:IT;RAL ORD?;f{S, RJLT333 AND RTGULATIONS To '9r, IN v'RITIgG. All orders, rules and regulations authorized by this ordinance for the conduct of the general public shall be in writing and shall be available for public inspection at the place and during the hours fixed by the Mayor (or authorized local civil defense official). .� s TInll 3. ORDTMS, R=,S AND REGULATIONS I FFE-CTIV^ Ul77IL WIMAL'11) M' COUM'IL* Any order, rule or regulation promulgated pursuant to the authority conferred by this ordinance shall be in force and effect from the time of promulgation until amended or repealed by the 'tayor (or head of the local Civil Defense Council ) or until repealed by the Council of the City of Fairhope. .ACTION 4. APPOINTIMIT OF SM IAL POLICE - IDS;,TIyPING MML'"'.,:d. The :layor may appoint for a specified time as many special police, without pay, from among residents of the City of Fair - hope as nay be deemed advisable for service in connection with any blackout or air raid protection measure~ During the term of service of such apedial police, they shal possess all the powers and privileges and perform all the duties of privates in the standing police force of the City of Fairhope. Said special police must wear such identifying emblem as may be prescribed by the Mayor and it shall be unlawful for any said special policeman to attempt to carry out any order, rule or regulation promulgated under the authority conferred by this ordinance when he is not wearing said identifying emblem. cirm.CTION 5. UNAUTHORIMD TVARITING OR ALL CL^AR SIGNALS 71OH BITIM. Any unauthorised person who shall operate a siren or other device so as to stimulate a blackout signal or air raid, or the terminn tion of a lblackout or air raid shall be deemed guilty of a violation of this ordinance and shall be subject to the Penalties imposed by Section 10 of this ordinance. STCTIM 6. NO IRJNICIPAL OR PRIVATT; LIABILITY. This ordinance is an exercise by the City of its governmental functions for the protection of the public peace, health and safety and neither the City of Fairhope, the agents and representatives of said city, or any individual, received, firm, partnership, corporation, association, or trustee, or any of the agents thereof, in good faith carrying out, complying with or attemp- ting to comply with, any order, rule, or regulation promulgated pursuant to the provisions of this ordinance shall be liable for any damHge sustained to person or property as the result of said activity. SECTION 7, LIGHTS DUR IUG BLACKOUT DECL AR �;D PIJ73L IC ITU I SMME. Any light displayed contrary to any order,rule or regulation promulgated pursuant to the provisions of this Ordinance constitutes a public cuisance and when deemed necessary in order to protect life or property during a blackout or air raid the police, or the special police authorized herein are authorized and directed to enter upon any premises within the City of Fairhope, using reasonable force and extinguish lights or take other necessary action to make effective any order, rule, or regulation promulgated under the authority conferred in this ordinance. .,:;',CTIO'T 8. COITFLICTING ORDINA'TCES, ORDI'RS, IIUL"S AND RTG- ULATIOITS SUSIr-11 ."D. At all times when the orders, rules and regulations made and promulgated pursuant of this ordinance shall be in effect, t..ey shall supersede all existing ordinances, orders,rules and regulations in so far as the latter may be inconsistent therewith. MCTION 9. %:O CONFLICT WITH STATE OR F D111RAL STATUTES. This Ordinance shall not be construed so as to conflict with any State or Federal statute or any Mlitary or ITaval order, rule or regulation. SECTION 10. PENALTIES FOR VIOLATIONS. Any person, firm or corporation violating any of the provisions of this Ordinance or any order, rule or regulation issued pursuant thereto shall be deemed guilt-v of a misdemeanor and upon conviction thereof shall be punished by a fine of not exceeding Five Hundred ($500.00) dollars or imprisonment for not more than six months, or be both said fine and said imprisdnment. 937CTION 11. SHPARABIL.TY OF PROVISIONS. It is the intent- ion of the City Council that each separate provision of this Ordinance shall be deemed independent of all other provisions herein, and it is further the intention of the City Council that if any provision of this Act be declared to be invalid, all other provisions thereof shall remain valid and enforceable. MCTIOI' 12, FII•TDII?G Or, T:'T?RGM*'CY. This Ordinance is passed as an emergency measure, and the Council does by the vote by which this Ordinance is passed, hereby declare that a national emergency exists, rihich makes it imperative that this Ordinance should become effective forthwith, the nature of said emergency being as follows: a state of var exists bety;een the United States of America and Japan, Ger=ny and Italy, and the President of the United States has de- clared that an invasion or predatory incursion is threa t- ened, and it is necessary in the furtherance of the public I sagety and welfare of the residents of th City that this Ordinance be effective immediately. Adopted this 26th day of January 1942. Howard Rugeq Uayor ,valyn Be Porter, Clerk