O-119-43 (2) MIAMI SHORES VILLAGE ORDINANCE NO. 119
AN ORDINANCE PERTAINING TO 8CREENOUT, BLACKOUT AND AIR-
RAID REGULATION; DEFINING TERMS; PRESCRIBING REGULATIONS
FOR ALL LIGHT IN MIAMI SHORES VILLAGE AND UPON
VEHICLES SITUATE THEREIN; PRESCRIBING REGULATIONS FOR
OUTDOOR FIRES AND REQUIRING PERIIISSION THEREFOR; GIVING
THE VILLAGE MANAGER AUTHORITY TO APPOINT SPECIAL
POLICEMEN AND ESTABLISH MILITARY AND U14SAFE ZONES;
DEFINING THE, POWER AND-MEA14S OF IDENTIFICATION OF
SPECIAL POLICEMEN ; EXEMPTING THE VILLAGE AND INDIVIDUALS
FROM CERTAIN POSSIBLE LIABILITIES; PERMITTING
AUTHORIZED PERSONS TO ENTER PREMISES TO EXTINGUISH
PROHIBITED LIGHTS; PRESCRIBING 14OV13MENTS AND REGULATIONS
FOR VEHICLES AND PEDESTRIAN TRAFFIC AND EXCEPTIONS
THERETO; REQUIRING ALL PERSONS TO SEEK SHELTER DURING
BLACKOUTS AND AIR-RAID ALARUS; PROHIBITING UNAUTHORIZED
USE OF CERTAIN UNIFORMS, INSIGNIA, IDENTIFICATION
CiiRDS, OR MISREPRESENTATION OF AUTHORITY; PRESCRIBING
A PENALTY AND PERMISSIVE VOLUNTARY PAYMENTS OF
FINES FOR THE VIOLATION OF SAID ORDINANC% DECLARING
THIS TO BE AN EMERGENCY D1EA:8URE;' REPEALIN ALL
ORDINANCES INCONSISTENT HEREWITH: AND
THS--R-KADING--OF_ _ThIS_ ORDINANCE dN'1�VO-ASEPARkTE=�DAYS--By
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WHEREAS, the Dade County Defense Council has adopted
uniform measures for the preservation and protection of public health,
safety and welfare during the present emergency; and
WHEREAS, said measures, rules and regulations are to be
effective February 1, 1943, and Miami Shores Village should adopt
said measures immediately and enforce them subsequent to January 30,
1943, in order to have laws and ordinances consistent with the
regulations promulgated by the defense authorities, both civil
and governmental ;
NOW, THEREFORE, BE IT ORDAINTED BY MIAMI SHORES VILLAGE:
Section 1 . DEFINITIONS HOURS OF DARKNESS. Until such
time as rescinded or, amended, these regulations shall be in full
force and effect from one-half hour after sundown each night until
one-half hour before sunrise the following -morning between the
dates of October 1 and April 30, inclusive, and from one hour
after sundown each night until one-half hour before sunrise the
following morning between the dates of May 1 and September 30,
inclusive.
VISIBLE FROM SEA. Lights are considered "visible from sea"
when they are visible from the seaward side of a line beginning
at the Broward-Dade County boundary thence along the seaward , Bhores
of keys or outlying islands, disregarding all indentations made by
coves, inlets, outs and bays, to the Dade-Monroe County line.
SOURCE OF LIGHT. For the purpose of these regulations
the term "Source of Light" is defined as follows:
Any glass enclosed filament, gas mantle, fluorescent
or neon tube, are light, or other light generating
element operating in an electrical circuit., by
illuminating gas , open flame or otherwise, together
with all enclosing transparent or translucent material.
Section 2. Any light visible from out-of-doors that
cannot be extinguished, completely obscured, or reduced in intensity
in accordance with Standard War Department Black-out Specifications
within five minutes of the sounding of the signal for a black-out,
shall be permanently extinguished.
Section 3. All lights or reflections therefrom (with the
exception of vehiaiar headlights and lamps, as provided for here-
after and official maritime and aerial navigation lights and
r ailroad signal lights) shall be shielded, obscured, or reduced
in intensity so that they are not visible from the sea. If they
cannot be so shielded or controlled, they shall be extinguished.
Section 4. All exterior lights used for illumination of
streets or guidance of traffic, except exterior automobile lamps,
shall be reduced in wattage and number to the minimum consistent
with their purpose and those retained in use shall . be permanently
shielded in such a manner that the source of light will not be
visible above the horizontal.
All exterior lights used for outdoor manufacturing, In
railroad yards, for repair work, shipbuilding, necessary handling
or storage -of raw or finished materials, or for any type of outdoor
construction work shall be reduced as hereinbefore prescribed, and
shall be permanently shielded in such a manner that the source of
light will not be visible at an angle less than 45 degrees below
the horizontal.
All exterior lights used for protective purposes, such as
illumination of fence lines, exits, sides of buildings, or open areas
shall be shielded as hereinbefore prescribed, and in no case shall
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the light as measured on the g"rouna or other illuminated areas, exceed
one foot-candle atany point.
. Interior lighting for buildings used. for residential or commer-
cial purposes or both, industrial esteblishmentB engaged In production
of war materials (whether federally owned or operated or privately
owned or operated) shall be shaded or otherwise controlled, either
at tht source of light or at the openings of such buildings, in such
manner that no bare incandescent lamp bulbs or fluorescent tubes
shall be directly visible from any point OUtBide of said buildings.
Lights or windows in railroad trains, street cars, buses
end ferries shall be shielded or otherwise controlled in such manner
that no source of light will be visible from the outside at an angle
above the horizontal, and the escape of light therefrom shall not
exceed two foot-candles at any point three feet from said vehicles.
Bonfires, brush fires, burning fields and other outdoor
fires shall be completely extinguished during the hours that these
regulations are, applicable, except fires necessary to protect health
and to protect citrus or other groves in case of dangerously low
temperatures, in which event permission to burn such fires must be
and
secured from the Police Department of Miami Shores Village. /such
fires must also. be attended at all times in order to comply with
Section 2 above.
These regulations do not apply to official maritime or
aerial navigati on lights, or to railroad signal lights.
Sect-ion 5. All exterior lights used for illumination of
open areas, parking lots, gaso line filling stations, playgrounds,
places of amusement or entertainment, sidewalk cafes, marquees,
open air gardens, terraces, for holiday decorations, and all other
exterior lights not specifically covered by other regulations herein,
shall be permanently shielded in such manner that no source of light
will be visible at an angle less than 45 degrees below the horizontal.
All exterior advertising signs, however, illuminated, shall
be extinguished, except small identification signs not to exceed 24"x36"
over-all, illuminated by not more than a 25-watt incandescent lamp, so
shielded and controlled that no direct light is visible from above the
horizontal.
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Interior lighting of stores, show windows, restaurants bars,
commercial and industrial establishments (other than war prod uction
plants) and all other interior lights, not specifically covered by
other regulations herein, shall be extinguished, or IN LIEU OF SUCH
EXTINGUISHMENT, shall be diramed, shielded or otherwise controlled
in such a manner as to prevent the source of, light being visible from
.above the horizontal, and also so as to prevent the escape of light
from such building in excess of two foot-candles, as measured at
any point three feet from any window, door or other opening Of such
building or establisihment.
Section 6. 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
connection with any screenout, blackout or other protection measure
or measures. During the term of service of such special police, they
shall possess all the powers and privileges and perform 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 �o attempt to carry out any orders, rules, or regulations
promulgated under the authority conferred by this ordinance when he
is not wearing said identifying emblem.
Section 7. This ordinance is an exercise by the Village of its
governmental functions for the protection of the public peace., health
and safety and neither the Miami Shores Village nor any individual
subject to regulations 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.
Section 8. When necessary in order' to protect life or property
during a screenout, blackout, air raid or other attack, the police, or
the special police authorized herein, are authoriz,ed and directed to
immediately enter upon any premises within Miami Shores Village and to
extinguish prohibited lights' or to take other necessary action to make
effective any orders , rules , or regulations promulgated under the authority
. conferred by this ordinance.
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Section 9. From the time the official air raid signal is
given, continuously until the all-clear signal is given thereafter,
only the following types of traffic shall be permitted to move:
a. Vehicles of the armed forces of the United States of jimerica.
b. Ambulances, and municipal, county, State and Federal
police agencies and fire vehicles, and vehicles being
then official;y used by the several branches of the-
Civilian Defeftse Organization.
. c. Vehicles actually ,in emergency service for the repair
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
Gaards and actually in emergency service.
6. Such other vehicles as may be permitted to move on
special order of- the Civilian Defense Commander, subject
to such restrictions as the military authorities may
Impose.
Section 10. Vehicles dascribed in paragraphs "all and "b"
of the preceding 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 vehiedar traffic shall:
a. Immediately draw to ,the side of the road or street
and stop in such a manner and in such a place so as
not to obstruct the reasonable use of the road or street,
or any intersecting 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 violation of
this ordinance.
b. Extinguish all lights'.
c. Set the hand brake of such vehicle.
d. Proceed to nearest shelter.
Section 11. Operators of vehicles moving during the hours of
darkness in the corporate liAts of Miami Shores Ville-ge 'shall observe
the following rules and regulations:
a. No person shall drive or operate any vehicle, emergency
vehicles excepted, at a speed in excess of 25 miles per hour.
b. No operator of a vehicle shall turn said vehicle around
on any street or roadway, except dead-end streets, so
as to proceed in the direction from whence he came.
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c. Operators shall obey and conform to all officially
placed traffic signs, signals and markings, whether the
same be of an emergency or temporary nature or not.
d. Where special routes have been officially established,
operators shall conform to such route designations both
as to direction and type of vehicle.
e. VJhere speeds of less than 25 miles per hour are designated
by ordinance, official signs, or markers, or by direction
of a police officer or other authorized officer,
operators shall not dkive vehicles. in excess of such
lowered speeds.
f. No operator of a vehicle shall drive to' the left of the
center line of the roadway, one-way streets excepted,
except in cases where the right hand side of said roadway
isAmpassable and then only in such a manner as not to
endanger other traffic then 'and there lawfully upon
said roadway.
g. No operator of a vehicle shall pass any other vehicle
proceeding in the same direction and shall not drive
within a distance of 25 feet from the vehicle immediately
ahead proceeding in the same direction, except in
cases where the pavement is of sufficient width to
accommodate more than a single line 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.
h. The use of "high-beam" of the single lamp �Ihigh-beam
low-beam" type or the use of "bright" lights on
"b.right and d1m") type of vehicle headlights. within the
entire dim-out area is prohibited. L-111 'headlights
shall be operated on"low-beam" or "diumers". A.11 motor
vehicles siiall be driven during the hours of darkness
with headlights completely blacked out, except for
that part of the lens below a horizontal line one
inch below the center of the filament or the center
of the light bulb. Headlights blacked out with paint
or equipped with special devices or attachments
approved by the Dade County Defense Council may be used.
Section 12. Pede�strians shall observe the following rules
and regulations:
a. During the screenouts 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 all established crosswalks where traffic is con-
trolled by a police officer or other authorized person
or by official signs or signals, pedestrians .shall obey
the directions of such officer, sign or signal.
c. During blackouts or air raid alarms unauthorized
persons shall evacuate and move from the streets, side-
walks, or open spaces and seek the nearest shelter.
Section 13. Normal rear lights, license plate lights and
clearance lights are permitted. Pick-up or marker lights are-
prohibited.
Section 14. The Village Manager. shall have the pover and
authority to designate military zones within the corporate limits. of
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Miami Shores Village and to prescribe the maximum speed limit of
vehicles operating therein. The Village Manager shall have the power
and authority to designate zones temporarily unsafe for inhebitants
or visitors and prohibit the occupation thereof.
Section 15. No person shall wear any uniform of or weer,
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 16. During blackouts and from the time the official
air raid signal shall be given continuously until the all clear signal
shall be given thereafter. No lights whRtsoever shall be visible
from the ,outside of any premises.
Section 17. (a) That any person, firm or corporation violating
any of the provisions of this ordinance., or any orders, rules or
regulations issued pursuant thereto by the Village lannger of Miami
M
Shores Village, upon ,conviction thereof in MunicipeLl Court, shall
be punished by a fine not exceeding $500.00 or by imprisonment not
exceeding 60 days, or by both such fine and imprisonment, in- the
discretion of the Municipal Judge.
(b) - Any person who violates any provision of this ordinance
pertaining to lights affixed to real property may be served with
a summons for which the penalty fine shall be in the sum of $1.00
may be permitted to be paid at the traffic bureau.
(c) Any person who violates any provision of this ordinance
pertaining to lights affixed to vehicles may be served with a
summons for which the penalty fine of $1.00 may be permitted to be
paid at the traffic bureau.
(d) Any person who violates any provision of this ordinance
pertaining to the speed of vehicles may be served with-a summons for
which the penalty fine shall be permitted to be peid at the traffic
bureau.
1. For exceeding the specific speed limit in any zone
by operating a vehicle not more than ten miles per
hour in excess of said speed limit - penalty fine $5.00.
2. For exceeding the specific speed limit in any zone by
operating a vehicle between 10 and 21 'miles per hour
in excess of said 'speed limit - penalty fine $10.00.
3. For exceeding the specific speed limit in any zone
by operating a vehicle more than 20 *miles per hour
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in excess of said speed limit penalty fine .$15.00.
(e) Miami Shores Village or the defendant in any slimmons case
Shores
shall have the right to transfer any summons case to a Miami/Municipal
Court ease wherein the law� pertaining to charges, trials, punishment
and other Court procedure shall supersede or render ineffective all
of the pr ovisions of sub-sections (b)., (e) -and all of (d) of this
Bection,, and it shall be furth�=,r provided, that the acceptance by'
Miami Shores Village of any summons penalty fine prescribed in this
ordinance shall operate as and be deemed to be a complete satisfaction
andrelease from further liability to penal action �y the Village for
the offense that shall be charged in any summons case paid.
Section 18. All ordinances or parts of ordinances conflicting
herewith shall be., and the same are' her�by., repealed insofar as there
is conflict.
Section 19. This ordinance is hereby declared to be an
emergency measure upon the ground of urgent public need for the preserva-
tion of peace, health, safety and property in Miami Shores Village.
PASSED WID ADOPTED this —L-(e_day of February, A. D. 1943.
May or
ATTEST:
Villate,,ManajzeYand C
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