067 vORDINANCE NO.
AN ORDINANCE PROVIDING FOR BLACKOUTS AND OTHER MEANS
OF PROTECTION AGAINST ATTACKS UPON THIS MUNICIPALITY BY ENEMIES
OF TIE UNITED STATES AND THEIR AGENTS; PROVIDING THE POWER,
DUTIES AND OBLIGATIONS OF MUNICIPAL OFFICERS, AGENTS AND EMPLOYEES
DURING BLACKOUTS AND OTHER PROTECTIONARY MEASURES; MAKING
ALL AIR RAID WARDENS AND OTHER AGENTS AND APPOINTEES OF THE STATE
1 DEFENSE COUNCIL-ILEX-OFFICIO MUNICIPAL OFFICERS AND AGENTS;
PRESCRIBING PENALTIES FOR VIOLATIONS OF THIS ORDINANCE; PRESCRIB-
ING PENALTIES FOR VIOLATIONS OF CERTAIN ORDERS, RULES AND REGULAT-
IONS ADOPTED OR APPROVED BY THE FLORIDA STATE DEFENSE COUNCIL,
AND DECLARING AN EMERGENCY:
WHEREAS, in modern warfare no municipality , however
distant from the enemy, is free from military attacks from air,
land or sea ; blackouts , when ordered by the armed forces, are
essential to the preservation of life and property in this
municipality and failure to extinguish lights when so ordered
may result in loss of life and property to residents of this
municipality as well as residents of other localities; and
WHEREAS, failure to comply with orders, rules and
regulations governing evacuations , traffic movements, congestion
of persons in streets and other public places will result in
confusion and unnecessary loss of life both during blackouts and
during attacks by the enemy; Now, Therefore,
BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE
TO'NN OF ATLANTIC BEACH, FLORIDA:
Section 1.Whenever any official signal shall be given
warning of an attack , or the possibility of an attack, by enemies
of the United States from the air, land or sea, or to carry out
blackouts or air raid protection measures, and until a subsequent
signal be given indicating the passing of the danger from such
attack:
a) All persons , firms and corporations within this
municipality shall comply promptly with all orders given by persons
duly authorized to give such orders, which persons shall be furnish-
ed by the municipality with and shall wear a distinguishing uniform,
badge or other insignia indicating such authority;
b) All persons except duly authorized persons, shall
leave all streets , parks and open spaces and shall proceed to the
nearest cover;
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c) All vehicles except duly authorized vehicles within
or entering this municipality shall avoid areas of traffic congestion
and shall park immediately and the passengers therein shall proceed
to the nearest cover;
d) If the signal be given between sundown and sunup all
lights, visible from the outside or from the air, except such
subdued and regulated lights as may be hereafter authorized pursuant
to this ordinance shall be immediately extinguished by the person,
firm or corporation having charge or control thereof;
e) If any light designated under sub-paragraph (d) is not
extinguished as therein required any duly authorized person wearing
a distinc-uishing uniform, badge or other insignia as aforesaid, may
enter upon the premises where such light is located and take such
measures as may be necessary to extin •,uish such light and to make
effective any other order, rule or regulation promulgated for pro-
tection against attacks by enemies of the United States. Duly author-
ized persons as aforesaid shall have power to and it shall be their
duty to forceably enter any building or place and extinguish any lights
left burning in violation of this ordinance.
Section 2. The Mayor shall adopt an official warning signal
of attacks , or the possibility of an attack, by enemies of the United
States, which signal shall be identical with any uniform signal adopted
or that may be adopted by the state ttxVfAndefense council or by
the armed forces , and all persons except those duly authorized, shall
refrain from uttering , publishing, sounding or otherwise simulating
such official signal or warning.
Section 3. The Mayor may appoint , for a specified time , as
many special police , without pay, as may be deemed necessary for
services in connection with blackouts, air raids or other enemy attacks.
During the term of office of such special police they shall possess
all the powers and privileges and perform all the duties of ordinary
patrolmen. Such special police shall wear such identifying uniforms
or emblems not in conflict with state and federal regulations as may
be adopted by the Mayor and it shall be unlawful for any such special
police to carry out or attempt to carry out any ordinance , order,
rule or regulation, while not wearing such identifying uniform or emblen
Section 4. All air raid wardens and other agents and appoint-
ees of the State Defense Council shall be ex-officio municipal officers
and agents and shall have the same powers and privileges as arc
conferred upon the special police above mentioned; provided however,
that such wardens, agents and appointees shall not carry firearms
while on duty unless specifically authorized in writing by the Town
Marshal or the Mayor .
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Section 5. The Mayor may promulgate or adopt by proclamation<>:
any orders, rules or regulations , including those heretofore or hereafter
adopted by the Florida State Defense Council, for the conduct of persons ,
firms or corporations during blackouts , air raids and other emergencies
or may prof ulgate and adopt any other rules and regulations for said purposes
as may be approved in writing by the Florida State Defense Council. The
violation of any such order, rule or regulation shall be heldta violation
of this ordinance. kt r
Section 6. This ordinance is adopted in conformity wtth the
police powers of this municipality for the protection of the public peace,
health and safety of its people, and neither the municipality or any
individual subject to regulations lawfully included herein sh be liale
for any damage sustained to person or property during or as t resultLef
the measures authorized by this ordinance.
Section 7 . It shall be unlawful for any person to ipersonate
any member of the Florida State Def< nse Council or any author ed represent-
ative thereof, or to represent himself as being connected witYjt e Flozida
State Defense Council when as a matter of fact he is not so co rted . .
Section 8. An emergency is declared to exist in thi . municipality
during the existence of the state of war between the United States and
certain foreign powers.
Section 9. Any person, firm or corporation violating any of
the provisions of this ordinance , or any order, rule or regulation mentioned
herein shall be deemed guilty of a misdemeanor and upon conviction thereof in
unicipal Court shall be punished by a fine not exceeding five hundred
dollars 0500 .00) or imprisonment for not more than three (3) months , or
both, in the discretion of the Municipal Judge.
Section 10. It is the intention of the Mayor and Town Council
that each separate provision of this ordinance shall be deemed independent
of any other provision, and invalidity of any provision shall not affect the
others.
Section 11. This ordinance shall take effect immediately and
shall continue in effect during the period of the emergency herein declared.
Section 12. That all ordinance or parts of ordinances in con-
flict herewith be , and the same are hereby repealed .
PASSED by the Town Council on first rea ing on c12 O 1942;
passed by the Town Council on second reading on 0- 1942;
passed by the Town Council on third anal final rending on 1720.4/ vir1942 ; and certified to the Mayor on rn ' e) 1942.
a/i
CEt
Clerk
A n n r n-r p rl • i'..:6fMo_7 40 1942.
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