O-113-42 MIAMI SHORES VILLAGE ORDINANCE NO.
AN ORDINANCE AUTHORIZING BLACKOUTS AND AIR RAID PROTECTION
AND ESTABLISHING ORDERS, RULES AM REGIIATIONS PERTAINING
THERETO; PRESCRIBING PENALTIES FOR THE VIOLATION OF THE
PROVISIONS OF THIS ORDINANCE; AND REPEALING ALL LAWS IN
CONFLICT.
WHEREAS, the United States of America is now engaged in a war with
foreign powers., and the defense of our Nation is in the hands of our Army and
Navy; and
WHEREAS, in modern warfare no city., however distant from the enemy',
is free from attacks; and
WHEREAS, -lights at night time are a definite aid to the enemy in
reaching military and other objectives; and
WHERM, blackouts., when ordered by the Army or Navy., or other law-
ful authority, are essential to the preservation of life and property in this
Village, and it is imperative that Miami Shores Village aid the military and
civilian defense authorities by all possible cooperation and assistance; and
WHEREAS, failure to extinguish lights when ordered to do so by duly
authorized authorities may result in loss of life by thousands of the residents
of Miami Shores Village, as wen as the residents of other parts of the Nation
when likhts are used as a guide to other objectives; and
WHEREASp failure to comply with orders,, rules and regulations govern-
ing evacuations., traffic movements, congregation of persons in streets and
other public places, wi" result in confusion and unnecessary loss of life,
both during blackouts and during air raids in the daytime;
NOW, THEREF'ORE,, BE IT ORDAINED By THE MIAMI SHORES VIUAGE:
SECTION I. That in order to protect life and property in Miami
Shores Village from enemy action the Village Manager is authorized and direct-
ed to carry out blackouts and air raid protection measures in said Village at
such times and for such periods as are-ordered by the Army or Navy, or other
lawful authority., and to promulgate such orders., rules and regulations as
may be necessary to insure the success of the blackouts and air raid protec-
tion measures,and to protect life and property during said periods. Pro-
vided, that said orders,, rules and regulations shall include traffic movements
of emergency or other vehicles, evacuation of residents, congregation of per-
sons on public streets, sidewalks., in public places, or in buildings, but this
enumeration shall not be taken as a limitation on the power to promulgate
orders, rules and regulations governing any other subject,, persons or property
which must be regulated in order to insure the proper carrying out of any duly
authorized blackout or air raid protection measure.
SECTION 2. That the Village Manager may appoint,for a specified
time., as many special deputy marshals,, -without pay, from among residents of
Miami Shores Village, as may be deemed advisable for service in connection
with any blackout or air raid protection measure in the daytime. During the
term of service of such special deputy marshals, they shall possess all the
powers and privileges and perfom all the duties of privates in the standing
police force of Miami Shores Village, Said special deputy marshals must wear
such identifying emblem as may be prescribed by the Village Manager., and it
shall be unlawful for any said special deputy marshall to attempt to carry out
any order, rule or regulation promulgated under the authority conferred by this
ordinancewhen he' is not wearing said identifying emblem.
SECTION 3. That this ordinance is an exercise by the Village of
its governmental functions for the protection of the public peace,, health and
safety., and neither Miami Shores Village nor any individual subject to regula-
tions lawfully included herein, or promulgated pursuant to authority herein
conferred., shall be liable for any damage sustained to person or property dar-
ing, or as the result of, an authorized blackout or air raid protection measure.
SECTION 4. That when deemed necessary in order to protect life
or property during a blackout or air raid., the polica or the special deputy
marshals authorized herein., are authorized and directed to enter upon any
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premises within Miami Shores Village and extinguish lights or take other
necessary action to make effective any order, rule or regulation promulgat-
ed under the authority conferred by this ordinance.
SECTION That any person,, firm or corporation violating any of
the provisions of this ordinance., or any order,, rule or regulation issued
pursuant thereto., upon -conviction thereof shall be punished by a fine mt
exceeding $500-00 or by imprisonment for a tem not exceeding 60 days,, or by
both such fine and imprisonment, in the discretion of the Municipal Judge.
SECTION 6. Should any section., paragraph., sentence, phrase,
clause, or other part or provision of this ordinance, be declared by the
courts to be invalid., the same shall not affect the validity of the ordinance
as a whole, or any part thereof, other than the part so declared to be invalid.
SECTION ZL That all ordinances,or parts of ordinances, in con-
flict herewith, be and the same are hereby repealed,, insofar as there is
conflict.
REGULARLY PASSED AND ADOPTED this day of January, A.D. 1942.
Mayor
Attest: /Ir
VM-age Manager and erk
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