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HomeMy WebLinkAboutORD 5840 0 BILL NO. %\ CRDIE'ANCE No. S-Frq AN ORDINANCE DECLARING AN EMERGENCY AND RE- LATING TO NATIONAL DEFENSE, AND TO THE DE- FENSE AND PROTECTION OF THE CITY OF CALDWELL, IDAHO, AND Ti-rii: IN THEREOF; PROVIDING A SYSTMrT OF LAWS, RULES, REGULATIONS AND PRO- HIBITIONS PERTAINING TO AIR RAID PROTECTION, BLACKOUTS AND MERGENCY ALARMS; PROVIDING FINES AND PENALTIES FOR THM' VIOLATION THEREOF; AND R2TEALII ALL ORDINANCES AND PARTS OF OR- DINANCES IN CONFLICT HEREMTH AND PROVIDING A SAVING CLAUSE. IvYHEREAS, The United States of America is at war, and a public emergency exists by reason thereof BE IT ORDAINED By THE 11AYOR AND COUNCIL OF ME CITY OF CALDWELL, CANYON COUNTY, IDAHO, as follows: SECTION I: A state of public emergency is hereby declared to exist by reason of the fact that the United States of America is at war, and the Mayor and Council of the City of Caldwell do hereby exercise their governmental authority and police power for the protection of the public health, peace, safety and ISE 0 • welfare of the City of Caldwell and its inhabitants. SECTION 2: The following words and phrases are defined as hereinafter provided: a. AIR RAID ALARM and EMERGENCY jUP M:- A warning signal given in such manner and places as to be heard throughout the city by means of whistles, sirens, or other audible means; and such signal shall be accompanied during the night time by the extinguishing of all street lights in the City of Caldwell. The exact form of signal shall be as proclaimed by the Mayor. The terms Air maid Alarm and /or Emergency Alarm shall also in- clude the entire period of time between the Alarm Signal and the All Clear Signal. b. ALERT SIGNAL:- A signal similiar to that provided in paragraph "a" move, given, if possible, prior to a blackout, air raid alarm or emergency alarm, and as a preliminary warning that such an alarm may follow. The exact form of signal shall be as proclaimed by the Mayor. c. DAYTIME:- 'That period beginning at the time of sunrise and ending at the time of sunset. d. NIGHT -TIIVM :- That period beginning at the time of sunset and ending at the time of sunrise. e. BLACKOUT:- That period beginning immediately upon the sounding of any air raid alarm or emergency alarm during the night -time, and continuing until the all clear signal is given, ME E 0 or if none is given then continuing until daytime as herein- above defined. f. ALL CLEAR 31GNA.L:- A signal similar to that provided I for in paragraph "a" above, but of shorter duration, accompanied 1 during the night -time by the lighting of street lights in the City of Caldwell, or any part thereof. The exact form of signal shall be as proclaimed by the Mayor. g. V�+�HICLE: -Ev4ry device in, upon or by which any person or property is or may be transported, propelled or drawn upon or over any street, alley, highway or ground. SECTION 3. During the period of any blackout, as hereinabove defined, it shall be unlawful to make or show any visible fire or light, and the same is hereby prohibited, including, but not limited to the following: a. It shall be unlawful to make or show, or permit to be seen, any light from any window, door, opening or other place, or from any ground, room, residence, building, sign, structure, vehicle, or other property, public or private. b. It shall be unlawful to light or strike any match or other fire, or to smoke any pipe, cigar or cigarette, in any outdoor place or in any vehicle in the City of Caldwell. -3- c. It shall be unlawful to light or use any flashlight torch or other light in any outdoor place or in any vehicle in the City of Caldwell. The intermittent use of flashlights, vehicle lights, or any other outdoor lights is specifically prohibited. d. It shall be unlawful to burn or have lighted any lamp, flashlight, candle, electric bulb, tube, sign, device or other light in any residence, store, hotel, theatre, barn, shed, garage or other building or any structure whatsoever, unless within an inner room or place, and /or in such manner as com- pletely to shield and prevent such light from being visible in any manner outdoors. SECTION 4. During the period of any blackout, and during the period of any air raid alarm or emergency alarm, whether in the daytime or in the night - time, and until the all clear signal is given, it shall be unlawful for any person to drive or move any vehicle upon or along any street, alley or public highway in the City of Caldwell, and all drivers of automobiles or other vehicles shall immediately stop and park the same at the nearest avail- able place outside of the lanes of traffic, and remain there with all lights on said vehicle extinguished, and it shall be unlawful to double park, or to stop or park any vehicle on any bridge or the approach thereto, or in front of any fire plug, -4- • . 1 • fire exit, hospital entrance, or at the entrance to any street or alley, or in any street intersection, or in any street except at the curb or extreme side thereof, or in any manner so as to obstruct, impede or hinder any fire engine, police car, ambulance or,other duly authorized emergency vehicle. Turing the period of any blackout in the City of Caldwell, all incoming vehicular traffic shall stop at the city limits, extinguish all vehicle lights, and remain stationary until the blackout is ended, and no vehicle shall enter the City of Caldwell during the period of any black- out. SECTION 5. During the period of any blackout all pedestrian traffic #jithin the City of Caldwell is hereby prohibited and declared unlawful; provided that immediately upon the sounding of any air raid alarm or emergency alarm, pedestrians shall take shelter. SECTION 6. The provisions of Section 4 of this ordinance shall not apply to any fire engine or fire truck, police car, ambulance, vehicles of the armed forces of the United States of America, vehicles used in line of duty by any duly licensed physician, surgeon or nurse, or to any duly authorized emergency vehicle operating in the necessary line of duty, but all such vehicles shall proceed with due caution under the circumstances and in all cares shall -5- 0 . . • be equipped with dim headlight and rearlight coverings approved by the Chief of Police of the City of Caldwell, and no other lights shall be used on any such vehicle. SECTION 7. The provisions of Section 5 of this ordinance shall not apply to any fireman, police officer, members of the armed forces of the United States ctf America, duly licensed physicians, surgeons and nurses, and other officially authorized persons, if and when acting in the line of their respective duties. SECTION S. This ordinance is enacted for the protection, health, safety and welfare of the inhabitants of the City of Caldwell, and neither the city nor any lawfully authorized or deputized indivi- dual enforcing, or aiding and assisting in the enforcement of the provisions of this ordinance shall be liable in a suit for damages in connection therewith. SECTION 9. Any person who, during the period of any blackout, or of any air raid alarm or emergency alarm, whether in the daytime or in the might- time, shall wilfully cause, create or participate in any panic, riot or unnecessary disturbance, or who shall wil- fully and wantonly break or destroy any property, or who shall dommit robbery, larceny, assault, theft, pillage or other M. E 0 wanton violence or destruction, or who shall break and enter any building, property or place, shall, upon vonviction of such offense, be punished by fine, not exceeding One Hundred Dollars (100.00) and upon failure to pay such fine, shall be impr,iboned in the City Jail until such fine is satisfied, in proportion of one day's imprisonment for each Two Dollars ($2.00) of such fine. SECTION 10. Except as herein otherwise provided, any person, firm or corporation, including proprietors, occupants and tenants, viola- ting any of the provisions of this ordinance shall be guilty of misdemeanor, and upon conviction thereof, shall be punished by a fine not exceeding One Hundred Dollars ($100.00) and upon failure to pay such fine, shall be imprisoned in the City Jail until such fine is satisfied, in proportion of one day's imprison- ment for each Two Dollars ($2.00) of such fine. SECTION 11. Any person who shall operate a whistle, siren or other audible device in such manner as to simulate an alert signal air raid alarm or emergency alarm shall be guilty of a mis- demeanor, and upon conviction thereof, shall be punished by a fine not exceeding One Hundred Dollars ($100.00) and upon failure to pay such fine, shall be imprisoned in the City Jail until such fine is satisfied, in proportion of one day's im- prisonment for each Two Dollars ($2.00) of such fine. -7- 0 . - ! SECTION 12. The Mayor of the City of Caldwell is hereby authorized and directed to make, promulgate and publish such rules and regula- tions as he deems necessary for the enforcement of the provisions of this ordinance and protection of the inhabitants of the City of Caldwell, which said rules and regulations, upon publication In the official newspaper of the City of Caldwell, shall have the full force and effect of law. SECTION 13. All ordinances and parts of ordinances in conflict herewith are hereby repealed, and this ordinance shall be in full force and effect immediately upon its adoption and its publication as provided by law. SECTION 14. Should any section, paragraph, sentence, clause or phrase of this ordinance be declared unlawful or invalid for any reason, the remainder of said ordinance shall not be effected thereby. PASSED by the Council of the City of Caldwell, Idaho, this 18th day of December, A.D., 1941. APPROVED by the Mayor of the City of Caldwell, Idaho, this 18th day of December, A.D., 1941. Mayor. ATTEST: City Clerk.