HomeMy WebLinkAboutOrd 0389ORDINANCE NO.Z'�M
AN ORDINANCE OF THE CITY OF BURLINGAME
RELATING TO RESTRICTED LIGHTING
THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES ORDAIN AS FOLLOVIS:
SECTION 1. J. L. DeWitt, Lieutenant General, U. S. Army, Commanding
Western Defense Command and Fourth Army, by virtue of the authority vested in
him by the President of the United States and Executive Order No. 9066,ddt2d
February 19, 1942, and pursuant to Public Law 503 --77th Congress, approved
March 21, 1942, and by virtue of his pourers and prerogatives as Commanding
General of the Western Defense Command, has issued Public Proclamation No. 10,
dated August 5, 1942, and effective August 20, 1942, which as amended by Public
Proclamation No. 12, dated October 10, 1942, and issued by virtue of the same
authority, reads as follows: (omitting Exhibits incorporated therein)
"HEADQUARTERS WESTERN DEFENSE COMPJAND
AND FOURTH ARMY
Presidio of San Francisco,California
PUBLIC PROCLAMATION NO. 10
August 5, 1942
"TO: The people within the States of Washington, Oregon and California,
and to the Public Generally:
WHEREAS, by Public Proclamation No. 1, dated March 2, 1942, this
Headquarters, there were designated and established Military Areas
Nos. 1 and 2; and
7,11EREAS, the armed forces of the enemy have made attacks upon vessels
of the United 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
WHEREAS, it is necessary to provide maximum protection for war utili-
ties, war materials and war premises located within the States of Wash-
ington, Oregon and California against enemy attacks by sea and by air;
NOW, THEREFORE, I, J. L. De1r17ITT, Lieutenant General, U. S. Army, by
virtue of the authority vested in me by the President of the United States
and by the Secretary of War and mg 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 illumination within said Zone of Restricted
Lighting be extinguished or controlled in such manner and to such extent
as may be necessary to prevent such illumination from aiding the opera-
tions of the-energr.
2. Pursuant to the determination and statement of military 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 de9i.gnated and established.
Illumination within the entire area of said Zone of Restricted Lighting
shall be extinguished or controlled at all tines at night from sunset to
sunrise, as follows'.
(a) Signs, Floodlighting, Display and Interior Lighting. Illuminated
signs and ornamental lighting of every description which are located
out-of-doors, and floodlighting which illuminates buildings or signs
(including but not limited to all exterior advertising signs, billboards,
display lighting, theatre marquee signs, illuminated poster panels, and
building outline lighting), and all interior light sources (as hereinafter
defined) which emit direct rays above the horizontal out-of-doors, shall
be extinguished. The words, "light sources," as used herein are in-
tended and shall be construed to mean and include any light generating
elements and the bright portion of any reflector, lens, luminaits,
transparency, or other equipment associated herewith for the control or
diffusion of light. This Section 2 (a) shall not apply to illumination
for industrial or protective purposes except to the extent provided for
in Section 2 (b) hereof.
(b) Illumination of outdoor Areas; Street and Highway Lights. Illumi-
nation of outdoor areas and industrial and protective illumination, shall
be controlled as follows.
(1) Except as provided in Section 2 (b) (2) hereof, illumination
on all outdoor areas (including but not limited to automobile
service station yards, outdoor parking areas, recreation
areas and outdoor structures and roofs) shall not exceed one
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 no direct rays from the
light source are emitted above the horizontal. All interior
lighting of every description shall be reduced or controlled
so that it does not contribute more than one foot candle of
illumination upon any outdoor area. All street and highway
lights shall also be shielded so that each light source emits
no more than ten per cent of its total lamp lumens at angles
above the horizontal. Provided the foregoing requirements
are met, any further reduction or extinguishment of street
or highway illumination which would unnecessarily aggravate
traffic hazards is not required.
(2) Variations from the foregoing requirements shall 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 higkuway 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 Defense Board, obtained in advance.
(c) Traffic Signs and Signals. Illuminated signs and signals which
are authorized or maintained by governmental authority for the purpose
of controlling or directing street or highway traffic shall be shielded
so that no direct rays from the light source are emitted above the
horizontal 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 ten but more than three feet above
the ground, or above an angle of more than twelve degrees above the
horizontal in respect to lights mounted less than three feet above the
ground. Relative variations in the upward limit of light are permis-
sible to compensate for grades.
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(d) Navigation and Railroad Lights. Authorized liguts necessary to
facilitate air or water navigation, authorized railroad signal lights,
and headlights of railroad locomotives when in motion, are hereby ex-
cepted from all the provisions of this Proclamation.
3. In addition to the restrictions hereinbefore imposed, illumina-
tion within that part of the Zone of Restricted Lighting 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, HighivW and Traffic Lights. Street and highway lights,
and illuminated signs (but riot 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, shall be
so shielded that they are not visible from the sea at night and so that
no direct rays from the light source are emitted above the horizontal.
(b) Residential, Commercial and Industrial Windows. No lighting shall
be permitted behind windows or glazed doors visible from the sea unless
they are covered by drapes or shades.
(o) Street and Highway 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 maxinwn of not
more than 250 beam candlepower. Normal rear lights, license plate lights
and clearance lights (where required by law) are permitted. Vehicles
which are classified as authorized emergency vehicles under the applic-
able Federal, State or 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 immediate pursuit of an actual or sus-
pected violator of the law, or when going to or transporting a person
who is in apparent need of immediate emergency medical 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 Protective Illumination. Light sources for in-
dustrial purposes and 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 that they are not visible from the sea at
night, provided, that variations from these requirements may be per-
mitted in the case of illumination for industrial and protective purposes,
and from industrial processes, whether interior or exterior (but not
includng street or hitway lights), only when and to the extent that it
is necessary to vary from such requirements in order to achieve and
maintain maxinmm efficiency; but only with the written approval of the
Ninth Regional Civilian Defense Board, obtained in advance.
(e) Other Illumination. Except as hereinabove provided in this
Section 3, all other lights visible from the sea are prohibited at night,
including but not limited to light from fire, bonfires, parked cars,
flashlights and lanterns.
(f) Definition of "Visible From the Sea." The phrase "visible from
the sea," 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 Juan 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 eastermost point of the
easterly boundary lane of the City of Port Townsend, Washington, or vis-
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ible from any of those bodies of water located on the shoreline of the
State of California generally known and described as follows:
Santa Monica Bay;
Santa Barbara Channel;
San Luis Obispo Bay;
Estero Bay; and
Monterey Bay;
Provided, however, that 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; and solely 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
may not in fact be visible from the sea but which is within areas gener-
ally visible from the sea.
4. Any person violating any of the provisions of this Proclamation, or
orders issued pursuant thereto, is subject to immediate exclusion from
the territory of the V7estern Defense Command, and to the criminal penalties
provided in Public Law No, 503, 77th Congress, approved March 21, 1942,
entitled "An Act to provide a penalty for the violation of restrictions or
orders with respect to persons entering, remaining in, leaving, or com-
mitting any act in military areas or zones."
5. The Ninth Regional Civilian Defense Board is hereby designated as the
primary agency to aid in the enforcement of the foregoing provisions. It is
requested that the Civil law enforcement agencies and State and local
governmental bodies within the areas affected by this Proclamation assist the
Ninth Regional Civilian Defense Board in the enforcement hereof.
6. This Proclamation shall become effective August 20, 1942.
J. L. DeTTITT
Lieutenant General, U. S. Army,
Commanding"
SECTION 2. Said Public Proclamation No. 12, in addition to amending
Public Proclamation No. 10 as hereinabove set forth, contains the following
paragraphs:
"B This proclamation shall become effective October 25, 1942, except
those provisions of Subsection 2 (b) (1) hereof, concerning 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 Ido. 10 are hereby reaffirmed. Except as hereinbefore
expressly amended, all the provisions and determinations expressed in said
Public Proclamation No. 10 shall remain in full force and effect."
SECTION 3. The City of Burlingame 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 City of Burlingame and
the federal government.
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SECTION 4. The City of Burlingame is within the Zone of Restricted
Lighting, designated and established by SECTION 2 of said Public Proclamation
No. 10 as amended as aforesaid.
SECTION 5. Whoever on or after October 25, 1942, shall commit any
act in the City of Burlingame contrary to the provisions of either SECTION 2
or SECTION 3 of Public Proclamation No. 10 as amended as aforesaid, which
amended proclamation is hereinabove set forth in full, shall be guilty of a
violation of this ordinance which violation shall constitute a misdemeanor
and upon conviction thereof shall be punishable by a fine of not to exceed
$300.00 or by imprisonment for not to exceed three months, or by both such
fine and imprisonment.
SECTION 6. This ordinance is required for the immediate preserva-
tion 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 city by the provisions of Public Proclamation No. 10
as amended by Public Proclamation No. 12 is located in a military 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 Lmmediate 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 City of Burlingame.
SECTION 9. This ordinance shall be published once in the
Burlingame Advance -Star, a newspaper of general circulation printed and
published in this City.
The foregoing Ordinance was introduced at a regular meeting of the
City Council of the City of Burlingame, held on the 19th day of October, 1942,
and adopted on the =. day of MaVeh4 gr1942, by the following vote:
Ayes: Councilmen iiurrovrs, Dahl, Hunt,Roth
Noes: Councilmen
AbsentxCouncilman
ATTEST-
,
ity Clerk
N one
Coleman
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