Ord 0256-AN ORDINANCE OF THE 41-TY OF Los GATOS RELATING TO AIR RAID PRECAUTIONSORDINANCE NO. 2.56
Towr_.
AN ORDINANCE OF THE 41-TY OF Los Gatos
RELATING TO AIR RAID PRECAUTIONS
The FOP Council. of the C~ Hof Los Gatos does hereby
ordain as follows;
SECTION 1. As used in this ordinance the following words
and phrases shall mean:
"Air raid warning signal" shall mean a signal, by siren,
whistle, horn or other audible device, of two minutes duration con-
sisting of either a fluctuating or warbling signal of varying pitch
or a succession of Intermittent blasts"of about five seconds dura-
tion separated-'by a silent period of about three seconds,
"All clear signal" shall mean a continuous signal., by siren,
horn or other audible device, of two minutes duration at a steady
pitch..
"Period of air raid alarm" shall mean the interval of time
between the giving of the air raid warning signal and the giving.of
the next succeeding all clean signal.
"Blackout structure" shall mean any space so enclosed that
any illumination maintained or existing therein is not visible from
any point outside such enclosure.
SECTION 2. The Chief of Police is hereby authorized and
directed to cause the sounding of an air raid warning signal and
of an all clear signal when, and only when, the district in which
the city is located is notified so to do by the United States Air-
craft Warning Service.
SECTION 3. Any person who effects or maintains any illumina-
tion, or permits any illumination under s control to be effected
or maintained, at any place within the
of Los Gatos
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during any period of air raid alarm in the hours of darkness, except
within a blackout structure, shall be guilty of a misdemeanor.
SECTION 4, The maintenance or leaving of any illumination,
except within a blackout structure, without provision for its ex-
tinguishment, within one minute after the commencement of a period
of air raid alarm by a competent person over the age of eighteen
years attendant at the place where such illumination is controlled,
is hereby prohibited.
SECTION 5. In order to enable the Chief of Police to con-
form to the request of the United States Aircraft Warning Service
for the obscuration, diminution or extinguishment of any illumination,
wlter in or out of doors, which increases the vulnerability of the
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of Lo_ Gatos , or any portion thereof, to air attack, or
for the regulation of traffic during the period of air raid alarm,
the Chief of Police may adopt and promulgate reasonable rules and
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regulations for such purposes, and any rules or regulations so
adopted by him shall be and remain in effect for thirty (30) days
thereafter, but no„l~~, lger unless approved within said time by
resolution of the 4~;y Council; provided, however, that any rule
or regulation so adopted by the ChtSof Police may at any time
be rescinded by resolution of the P Council. Violation of any
such rule or regulation so adopted and promulgated is hereby
declared to be a misdemeanor.
SECTION 6. It shall be unlawful to disobey any lawful
direction or order of a peace officer, highway patrolman, or fire-
man given during a period of air raid alarm, which order is reason-
ably necessary for the maintenance of public order or safety or to
effect the extinguishment or obscuration of light.
SECTION 7. Any illumination contrary to the provisions of
this ordinance, or to any rule or regulation adopted and promulgated
in accordance with section 5 hereof, constitutes a public nuisance,
and the same may be summarily abated by any peace officer,.highway
patrolman, or fireman. Any structure may be entered by any peace
officer, highway patrolman, or fireman, using reasonable force if
necessary, for the purpose of abating such a nuisance by extinguish-
ing such illumination.
SECTION 8. At the commencement of a period of air raid
alarm, the operator of any motor vehicle shall forthwith bring
such vehicle as far as possible to the side of,the street., road or
highway off the main traveled portion thereof, and the operator of
such motor vehicle, and the operator of any street car, shall bring
such motor vehicle or street car to a stop clear of any crossing,
Intersection, fire house, fire plug, hospital or other emergency
depot or area, and during the hours of darkness shall extinguish
all lights therein or thereon and said motor vehicle or street car
shall remain so situated during the,period of air raid alarm, unless
directed or ordered to move by a peace officer, highway patrolman,
or fireman.
SECTION 9. The provisions of this ordinance shall not apply
to blackout emergency vehicles, which shall Include the following,
1) All Army and Navy vehicles;
2)., All vehicles with United States Government credentials
1,ndicating the necessity of emergency movement;
3) All authorized emergency vehicles as defined in sections
44 and 44.1 of the Vehicle Code of California;
4) All vehicles being operated by members of the California
State Guard`whi.le actually on duty;
5) All vehicles of volunteer personnel engaged--in-the opera-
tion of the Aircraft Warning Service of the Fourth Interceptor Com-
mand while such personnel are actually going to or from their posts
of duty.
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6) All vehicles certified by sheriffs, district attorneys,
the California State Highway Patrol, police chiefs, and fire chiefs,
when within the respective territorial jurisdictions of the certify-
ing office, as being essential to the preservation of the public
peace and safety or to the dissemination of public information or
to the national defense; provided,'however, that such vehicles
shall conform to the uniform lighting regulations approved by the
Department of Motor Vehicles and the California State Highway
Patrol for blackout emergency vehicles. No certificate shall be
issued which conflicts with any regulation or order of the United
States Army applicable in the area for which the certificate is
issued.
SECTION 10. It shall be unlawful for any person without
authority, during any air raid alarm, to use, wear, exhibit or
possess any uniform, insignia, credential, or other indication of
authority, or any imitation thereof, adopted and issued by any
official civilian defense organization.
SECTION 11. Any person who shall operate a siren, whistle
or other audible device in such a manner as to simulate an air
raid warning signal or an all clear signal, except upon order of
the Chief of Police, or other proper authority,;. shall be guilty of
a misdemeanor.
SECTION 12. The provisions of every ordi:nanoe of this. city
aKd'every administrative order made pursuant thereto, requiring
any illumination to be maintained in conflict with this ordinance
or with any rule or regulation made pursuant to section 5 of this
ordinance, shall be deemed suspended during the period between any
air raid warning signal and the next succeeding all clear signal,.
SECTION 13, Any person who shall violate any provision of
this ordinance shall be guilty of a misdemeanor and, upon convic-
tion thereof, shall be punished by a fine of not exceeding three
hundred dollars ($300.00) or by imprisonment xzex:ixx,7il~xs in
the County Jail not exceeding throe months, or by both such fine
and imprisonment.
SECTION 14. This ordinance is required for the immediate
preservation of the public peace, health and safety, and the follow-
ing is the statement of factconstituting such urgency: The United
States is at war and this cy is in great and continuing danger of
air and other attack by the enemy.
SECTION 15. If any provision of this ordinance or the
application thereof to any person or circumstances is held invalid,
such invalidity shall not affect other provisions or applications
of this ordinance which can be given effect without the invalid pro-
vision or application, and to this end the provisions of this or-
dinance are declared to be severable.
SECTION 16. The }t` Clerk shall certify to the adoption
of this ordinance 'and cause it to be published once in the Tjo ,Gni-,n.,
_TRIES newspaper of general circulation printed and pub-
l i shed in thi s MA r.- e
C
PASSED AITD A DC ILIT D at a regular me c tiny; of the Town
Council of the.Town of Los Gatos, held on the twenty-
ninth day of December,1941, by- the following; vote:
AYESo Councilmen:
N OES:
ABSENT:
ATTJ1- a'
Town Clerk of the Town of
Los Gatos.
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