O-115-42 ORDINANCE NO. 115
AN ORDINANCYAUTHORIZING SCREENDUT., BLACKOUT., AND AIR
RAID PROTECTION AND ESTABLISHING ORDERS., RULES AM
REGULATIONS PERTAINING THERMO; PRESCRIBING PENALTIES
FOR THE VIOLATION*OF THE PROVISIONS OF THIS ORDINANCE;
REPEALING ALL LAWS IN CONFLICT; AND DECLARING AN
NCY TO MST.
WHEREAS, the United States of America is now engaged in a warwith
foreign powers and the military defense of our nation is in the hands of our
Amy., Navy., and authorized defense forces; and
W[UMEAS., in modem warfare no city,, however distant from the enemy,
is free from attack; and
WHEREAS, lights at night time are a definite aid to the enemy in
reaching or attacking military and other objectives; and
WHEREAS., "blackoutsuo "screenouts", or other measures for military
and civilian protection., when ordered by the Amy, Navy, Defense Council. ,or
other lawful authority are essential to the preservation of life and property
in this city., and to the protection from enemy attack by submarine or other-
vise, of shipping off our shores., it is imperative that Miami Shores Village
aid the military and civilian defense authorities by all possible cooperation
and assistance; and
ULMIEASy failure to reduce, screen, or extinguish lights when order-
ed to do so by duly authorized authorities may result in loss of military and
civilian life and property in this area., as wen as the residents of other
parts of the Nation,, -when lights are used as a guide to other objectives; and
WHEREAS, failure to comply vith orders, rules and regulations govern-
ing evacuations, traffic movements.9 congregation of persons in streets and
other publ J c places YdI 1 result in confusion and unnecessary loss of life or
damage to property both during blackouts, screenouts, and during air raids
in the night and daytime;
NOW, THEREFORE, BE IT ORDAINED By MIPM SHORES VILLAGE:
SECTION 1. That in order to-protect life and property in Miami
Shores Village from enemy action and to protect shipping from submarine or
other enemy attack, the Village Manager is authorized and directed to carry
out screenouts, blackouts and air raid protection measures, including regu-
lating the speed of motor vehicles in said city at such times and for such
period as are ordered by the Amy, Navy, Defense Council, or other lawful
authority., and to promulgate such orders, rules., and regulations as may be
necessary to insure the success of the screenouts, blackouts, and air raid
protection measures and to protect life and property during said periods.
Provided, that said orders, rules and regulations shall include traffic move-
ments of emergency or other vehicles,, evacuation of residents, and prohibit-
ing the congregation of persons on public streets., sidewalks, in public places.,
or in buildings., but this enumeration shall not be taken as a limitation of
the power to pronm1gate orders., rules and regulations governing any other sub-
ject, persons or property which must be regulated in order to insure the pro-
per carrying out of any duly authorized screenout., blackout or air raid or
other protection measures.
SECTION That the Village Manager may appoint for a specified
time as many special police, without pay, from among residents of Miami Shores
Village as may be deemed advisable for service in connectionvith any screen-
out., blackout or other protection measure or measures. During the tem of
service of such special police, they shall possess all the powers and privi-
leges and perfom all the duties of privates in the standing police force of
Miami Shores Village. Said special police must wear such identifying emblem
as may be prescribed by the Village Manager, and it shall be unlawful for any
said special policeman to attempt to carry out arW orders, rules, or regula-
tions promulgated under the authority conferred by this ordinance when 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 during,
or as the result of., an authorized screenout, blackout or air raid or other
protection measures.
SECIION _4. That when necessary in order to protect life or pro-
perty during a screenout., blackout., air raid or other attack., the police, or
the special police authorized herein, are authorized and directed to enter
upon any premises -within Miami Shores Village and to extinguish lights or to
take other necessary action to make effective any orders., rules., -or regula-
tions promulgated under the authority conferred by this ordinance.
SECTION 5, From the time the official air raid signal is given.,
continuously until the all-clear signal is given thereafter, only the follow-
ing types of traffic shall be permitted to move:
(a) Vehicles of the amed forces of the United States
of America.
(b) Ambulances, and municipal, county, State and Federal
police agencies and fire vehicles., and vehicles be-
ing then officially used by the several branches of
the Civilian Defense Organization.
(c) Vehicles actually in emergency service for the re-
pair or control of public utility equipment, -whether
privately or publicly owned.
(d) Vehicles of the Florida Defense Force under actual
control of officers or enlisted men of the State
Home Guards and actually in emergency service.
(e) Such other vehicles as may be permitted to move on
special order of the Civilian Defense Commander,
subject to such restrictions as the military author-
ities may impose.
SECTION 6. Vehicles described in paragraphs "a" and "bI3 of the pre-
ceding Section shall be deemed emergency vehicles and as such shall have general
right-of-way over all other traffic; provided,, ambulances,, and municipal.,
county., State and Federal police agencies and fire vehicles shall have right-of-
way over other emergency vehicles., except as may be determined by the military
authorities. Operators of all other vehicular traffic shall:
(a) I=4di s el Y draw to the side of the road or street
and stop in such a manner and in such a place so as
mt to obstruct the reasonable use of the road or
street, or any intersecti-ng road or street, fire
hydrant, or police or fire station driveway or other
emergency driveway.
(1) During the period of such air raid alarm,
parking regulations pertaining to lights.,
time limits, loading zones, distances from
intersections and parking in prohibited
zones shall be suspended., except insofar
as their violation may constitute a viola-
tion of this ordinance.
(b) FaLtinguish all I I ghts.
(a) Set the hand brake of such vehicle.
SECTION 7. Nothing in this ordinance contained shall operate
to limit the authority of any police officer,, air raid warden.9 or other duly
authorized officer to prescribe the place and manner of the parking or stor-
age of such vehicle or vehicles, in which event operators of vehicles shall
immediately comply with the lawful directions of such officer or officers.
SECTION 8,1 During all screenouts, no person, firm or corporation
shall operate any vehicle with more front lighting than the average parking
light candle power or such candle power as may be now or hereafter prescribed
by the United States Amy., Navy or Defense Council so as to prevent said
lights or the reflection thereof from being visible at such altitude as may
be prescribed by such authority.
SECTION 9, Operators of vehicles moving under screenouts when no
air raid signal has been given shall observe the following rules and regula-
tions:
(a) No person shall drive or operate any vehicle,
emergency vehicles excepted, at a speed in ex-
cess of 20 miles per hour in such areas that
may be designated from time to time., nor in a
manner so as to endanger the life, limb or pro-
perty of any person in such area or areas desig-
nated by proper authorities.
(b) Operators shall obey and conform to all officially
placed traffic signs., signals and markings,, whether
the same be of an emergency or temporgr7 nature or
not.
(c) Where special routes have been officially estab-
lished, operators shall conform to such route
designations both as to the direction and type
of vehicle.
(d) Where speeds of less than 20 miles per hour are
designated by official Aigns or markers or by
direction of a police officer or other authorized
officer., operators shall not drive vehicles in
excess of such lowered speeds.
(e) No operator of a vehicle shall drive to the left
of the center line of the roadwaylone-way streets
excepted., except in cases where the right-hand side
of said roadway is impassable and then only in such
a manner as not to endanger other traffic then and
there lawfully upon said roadway.
(f) No operator of a vehicle shall pass any other vehicle
proceeding in the same direction and shal.1 not drive
within a distance of 25 feet from the vehicle imme-
diately ahead proceeding in the same direction,, ex-
cept, in cases 'where the pavement is of sufficient
,width to accommodate more than a single lane of travel
in the same direction and where the operator of such
following vehicle is in another lane than that of the
vehicle which he is overtaking.
(g) No operator of a vehicle shaLL turn said vehicle
around on any street or roadway soas to proceed
in the direction from whence he came.
SECTION 10. Pedestrians shall observe the following rules and
regulations:
(a) During screenouts and blackouts no person afoot
shall cross or attempt to cross any street at any
place other than an established cross walk except
in compliance with the directions of an official
sign or marking or under the direction of a police
officer or other authorized person.
(b) At P11 established crosswalks where traffic is con-
trolled by a police officer or other authorized
person or by official signs or signals2 pedestrians
shall obey the directions of such officer,9 sign or
signal.
SECTION Nothing in this ordinance contained shall be construed
so as to regulate traffic upon the public streets and roadways at times other
than during air raids., blackouts and screenouts. Under all other conditions.,
laws and ordinances now in effect and -which shall hereafter be enacted shal-I
remain in force and be effective. During the period of air raids,, blackouts
and screenouts all matters -with reference to the control and regulation of
traffic which are not specifically legislated upon herein shall be governed by
other prevailing laws and ordinances which are now and may hereafter be
effective.
SECTION 12.1 That in all blackouts., the rules and regulations herein
applicable to air raids shall be in full force and effect.
SECTION.13,_ That no person shall wear any uniform of or wear,
carry or display an Auxiliary Police Force,, an Auxiliary Fireman, an Air
Raid Warden or other Civilian Defense Force identification card or insignia
or otherwise deceitfully represent himself to be connected with any of such
forces, unless he is in fact a member thereof.
SECTION IA-. That any person,, firm or corporation violating any
of the provisions of this ordinance, or any orders., rules or regulations
issued pursuant thereto, upon conviction thereof shall be punished by a fine
not exceeding $500-00 or by imprisoment not exceeding 60 days,, or by both
such fine and imprisonnent,, in the discretion of the Municipal Judge.
SECTION 15... That it is the intention of the Village Council that
each separate provision of this ordinance shall be deemed independent of all
9ther provisions herein, and it is further the intention of the Village Council
that if any provision of this ordinance be declared to be invalid., all other
provisions thereof shall remain valid and enforceable.
SECTION 16. That all ordinances or parts of ordinances in conflict
herewith be, and the same are hereby, repealed insofar as there is conflict.
SECTION 17.1 That this ordinance is hereby declared to be an emer-
gency measure upon the ground of urgent public need for the preservation of
peace, health, safety and property in Miami Shores Village.
PASSED AND ADOPTED this W�y of June., A.D. 1942.
'A k. ,, . ,&"' , "P 4,
Mayor
Attest:i:� raw
Vi L a g e-lt-e Ark-'an—d R—apdg—er