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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 4 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 P 4�� 0