HomeMy WebLinkAboutOrdinances - No. 283In the City council City of Lodi
Lodi, California
ORDINANCE NO. 283
AN ORDINANCE OF THE CITY OF LODI
RELATING TO RESTRICTED LIGHTING
THE CITY COUNCIL OF THE CITY OF LODI DOES ORDAIX AS
-FOLLOWS:
SECTION 1. J. L, DeWitt, Lieutenant General, U. S.
Army, Commanding Vbestern 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, dated February 19,
194.2, and pursuant to Public Law 503 -- 77th Congress, approved
March 21, 1942, and by vfrtua of his powers and prerogatives as
Commanding General of the Western Defense Command, has issued
Public Proclamation No. 10, dated August 5, 1942, and effective
August 20, l94.2, which as amended by Public Proclamation No. 12,
dated October 10, l9&, and issued by virtue of the same authority,
reads as follows (omitting Exhibits incogporated therein) :
"HEADQUARTERS NESTERN DEFENSE COIUMAND
AND FOURTH ARMY
Presidio of San Francisco, California
JLJ'J'C., ",, .C<L" "-.','"*"-. ,. ,rr.-s?Cn'-,,-,rx-xx
PUBLIC PROCLAMATION NO. 10
August 5, 1942
)C ,' .I .I > " -"- ax xx- rt)c Q-XSi#.it$S$S%-
"TO: The people within the States of Wasgington, Oregon and
California, and to the Public Generally:
WEKEAS, by Public Proclamation No. 1, dated March 2,
194.2, this Headquarters, there were designated and established
Nilitary Areas ITos. 1 and 2; and
WHEREAS, 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 Ifiilitary
Areas, and it is gxpected that such attacks will continue; and
WHEREAS, it is necessary to provide maximum protection
for war utilities, war materials and war premises located within
the states of Washington, Oregon and California against enemy
attacks by sea and by air;
NOW, THEREFORE, I, J. L. DeWITT, Lieutenant General,
U. 5. Army, by virtue of the authority vested in mp by the
President of the United States and by the Secretary of War and
my powers and prerogatives as Commanding General of the Western
Defense Command, do herebyhdeclare that;
1. The present situation requires as a matter of
military necessity that a zone of Restricted Lighting be established
within Nilitary 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 neeessary to prevent
such illumination from aiding the operations of the enemy.
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
Kxhibit By is hereby designated and established. Illumination
within the entire area of said zone of Restricted Lighting shall
be extinguished or controlled at all times 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
i
-2 -
defined) which emit 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 generating elements and the bright portion of any
reflector, lens, luminaire, 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. Illumination 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 out-
door 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 highway 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 permissible
to compensate for grades.
(d) Navigation and Railroad Lights. Authorized
lights necessary to facilitate air or water navigation, authorized
railroad signal lights, and headlights of' railroad locomotives
when in motion, are hereby excepted from all the provisions of
this Proclamation.
3. In addition to the restrictions hereinbefore
imposed, illumination within that part of the Zone of Restricted
Lighting which is visible frorc the sea, as hereinafter defined,
shall be further diminished or obscured at all times at night
from sunset to sunrise, as follows:
-4-
(a) Street, Highway and Traffic Lights. Street and
highway lights, and illuminated signs (but not 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.
(c) Street and Iiighway 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 maximum 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
applicable 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 suspected violator of the law, or when
going to or transporting a person who is in apparent need of
immedi8.te 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 Protect-ive Illumination. Light
sources for industrial purposes and light from industrial .
processes within areas visible from the sea, shall comply with
the requirements of Section 2 (b) hereof, and shall adso be
shielded so that they are not visible from the sea at night;
-5-
provided, that variations from these requirements may 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 highway 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.
( e) Other Illmihation. Except as hereinabove provided
in this Section 3, all other lights visible from the sea are
prohdbited 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 inblude 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 easternmost point of the easterly boundary line of the
City of Port Townsend, Washington, or visible from any of those
bodies of water located on the shoreline of the State of California
generally known and described as follows:
Santa Nonica Bay;
Santa Barbara Channel;
San Luis Obispo Bgy;
Estero Bay; and
Xlonterey Bay;
-6-
Provided, however, that the waters of Yan 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 generally visible from the sea.
4. Any person violating any of the provisions of this
Proclamation, or orders issued pursuant thereto, is subject to-
inmediate exclusion from the territory of the Western Defense
Command, and to the criminal penalties provided in Public Law
No. 503, 77th Congress, approved March 21, 19/42, entitled "An
Act to provide a penalty for the violation of restrictions or
orders with respect to persons entering, remaining in, leaving,
or committing any act in military areas or zones."
5. The Ninth Regional Civilian Defense Board is hereby
designated as the primary agency to aid ih 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. DeVJITT
Lieutenant General, U. S. Army,
Commanding"
-7-
SECTION 2. Said Public Proclamation No. 12, in addition
to amending Public Proclamation No. 10 as hereinabove set forth,
contains the following paragraphs:
"13. 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 Id, 1942.
C. The recitals set forth in the first three paragraphs
of said Public Proclamation Ho. 10 are hereby re-
affirmed. J3xcept as hereinbefore.expressly amended, all
the provisions and determinations expressed in said
Public Proclamation ldo. 10 shall remain in full force
and effect ."
SECTION 3. The City of Lodi hereby recognizes the
civil and military necessity for the concurrent enforcenient
of the provisions of Public Proclamation No. 10, as amended as
aforesaid, by the City of Lodi and the federal government.
SECTION 4. The City of Lodi is within the zone of
Restricted Lighting, designated and established by SgCTION 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 Lodi contrary to the provisions
of either SECTION L or SECTION 3 of Public Proclamation No. 10
as amended as aforesaid, which amended proclamation is herein-
above 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.
-8-
SECTION 6. This ordinance is required for the immediate
preservation of the public peace, health and safety, and shall take
effect immediately. The following is the statement of facts
constituting such urgency:
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 warsutilities, war materials and war
premises. By reason of the immediate threat of enemy attack
compliance with the provisions of Public Proclamation ito. 10
The United States is at war and this
as amended by Public Proclamation No. 12 is essential for the
protection of the lives and property of the people of the city
of Lodi .
SKCTION 7. The City Clerk shall certify to the adoption
of this ordinance and cause it to be published once in the
THE LODI TIMUiS, a newspaper of general circulation printed and
published in this city.
Approved this 2lst day of October, 1942. nnfi
Mayor of the City of Lodi
I, J. F. BLAISdLY, City Clerk of the City of Lodi, do
hereby certify that the foregoing Ordinance No. 283 was regularly introduced in an adjourned regular
meeting of the City Council of said City held on the l4.th day of October, lq42, and, thereafter, on
the 2let day of October, 1942, at a regular meeting
of said City Council, the said Ordinance was finally passed, adopted and ordered to prir?t by the following
vote:
AYES : Councilmen, RINN, RIGS, COFFIELD, WEIHE Q BULL (Mayor) NOES : Councilmen, None.
ABSENT: Councilmen, None.
I also certify that said Ordinance No. 283 was approved
and signed by the Llayor on the date of its final passage
and adoption. r7 \
-9 -