HomeMy WebLinkAbout006 - 10/23/1942 - AIR RAID ORDINANCE (EMERGENCY ORDINANCE) ORDINANCE NO. 6 1942
BEING AN EMERGENCY ORDINANCE TO BE KNOWN AS THE "AIR RAID
ORDINANCE", THE CONSTRUCTION THEREOF, DEFINING TERMS USED
THEREIN, PROVIDING FOR AUTHORIZED WARNING SIGNALS, PROVIDING
FOR RULES AND REGULATIONS FOR THE CONDUCT OF PERSONS DURING
AIR RAID PERIODS AND EMERGENCY, PROVIDING FOR THE APPOINTMENT
OF PERSONS TO ENFORCE THE PROVISIONS OF THIS ORDINANCE, PRO-
HIBITING THE DISPLAY OF LIGHTS DURING A "BLACK-OUT" , PROHIBIT-
ING CERTAIN SPECIFIED LIGHTING DURING EMERGENCY, IdAKING UN-
AUTHORIZED LIGHTS A NUISANCE AND PROVIDING FOR THEIR ABATEMENT,
REGULATING VEHICLES DURING "AIR RAID PERIODS", FORBIDDING UN-
AUTHORIZED INTERFERENCE WITH PUBLIC DURING "AIR RAID PERIODS" ,
PROVIDING PENALTY FOR VIOLATION, AND PROVIDING FOR SEVERABILITY
OF VARIOUS PARTS OF THIS ORDINANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS
Section 1 Title and Construction This
Ordinance shall be known as the "Air Raid Ordinance", and its
provisions shall be liberally construed in order to accomplish
its purpose and to put into effect in the City of Fort Collins
a system and method of precaution from enemy air attack,
described in the 1941 publications of the United States Office
of Civilian Defense entitled "Black-Outs" and "Air Raid Warn-
ing System" and any publication of said office supplementing
those publications
Section 2. Definitions (a) The term "Air
Raid Period" , when used in this Ordinance shall mean that in-
terval of time between the sounding of a public "Air Raid
Warning" signal and the sounding of a public "All Clear" signal
(b ) The term "Black-Out" , when used in this Ordinance,
shall mean that interval of night time occurring within an air
raid period
(c ) The term "Air Raid Warning", when used in this Or-
dinance, shall mean a public signal or signals, by siren,
bells or steam whistle, indicating the danger of immediate air
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attack
(d) The term "All Clear", when used in this Ordinance,
shall mean the public signal or signals indicating that imme-
diate danger of an air attack has passed
(e ) The word "person", when used in this Ordinance , shall
include every individual, person, copartnership, corporation,
company or association
(f) The term "Emergency", when used in this Ordinance ,
shall mean that period of time between any proclamation by the
Mayor or Chief of Police (a) that an emergency exists and (b)
that such emergency has ceased to exist
(g) The terms "Chief of Police" and "Mayor", when used
in this Ordinance, shall mean the Chief of Police and Mayor
of the City of Fort Collins
(h) The term "Air Raid Warden", when used in this Ordi-
nance, shall mean any person officially appointed and designated
as such by the Chief of Police and Coordinator for the City,
and while wearing the official Air Raid Warden insignia or
uniform designated by the Chief of Police
Section 3 Exemption from Liability This
ordinance is an exercise by the City of its government func-
tions for the protection of the public peace , health, and
safety and neither the City of Fort Collins 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 black-out or air raid protection measure
Section 4 Providing for Rules and Regulations
for the Conduct of Persons during Air Raid Periods and Emergency
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The Chief of Police, subject to the approval of the City Coun-
cil, is hereby authorized, directed and empowered to prepare
and promulgate such rules and regulations and revisions, and
amendments thereof, as may, in his discretion, be necessary
for the conduct of persons during "Air Raid Periods", and in
order to carry out the expressed intent of this Ordinance,
provided, however, that no such rule or regulation shall be
contrary to the provisions of this Ordinance
Copies of said rules and regulations shall be filed
at the office of the Chief of Police and office of the City
Clerk
The Chief of Police may create, form and conduct
any auxiliary police force or other organization and in con-
nection therewith may use such employees of the City as he
may deem necessary, and he may appoint such persons as may,
in his discretion, be necessary to carry out the provisions
of this Ordinance, and the rules and regulations adopted pur-
suant to this Ordinance
All persons appointed by the Chief of Police , pur-
suant to this Ordinance , shall serve without compensation,
shall be purely volunteer, and shall not be considered employees
of the City, and may be dismissed from this service at any time
i
Said persons so appointed shall possess all the powers and per-
form all the duties of regular police officers of the City and
shall ear an emblem or insignia to be provided by the Chief
of Police J
Neither the City of Fort Collins nor any officer,
agent, or employee of said City shall oe liable to any person
who has heretofore or who may hereafter volunteer for service
with said City or with any agency for civilian defense in the
City or elsewhere for any damage sustained by such person in
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the course of or arising out of any such volunteer service
Section 5 Display of Lights during "Black-Out"
Prohibited During a "Black-Out" it shall be unlawful, except
as otherwise specified under the rules and regulations adopted,
as provided in Section 4 of this Ordinance, for any persons
(a) to cause, display, operate, maintain or permit any
lights whatever, except within an opaque enclosed structure,
(b) to cause, maintain or permit any reflection or leak-
age of light from any structure ,
(c ) to fail to prevent the display, operation, mainten-
ance , reflection or leakage of light from premises occupied,
supervised or controlled by such person
Section 6 Prohibited Lighting During Emergency
For the duration of the emergency it shall be unlawful to dis-
play the following types of illumination-
(a) any decorative street lighting,
(b) illuminated house numbers, except those under the
immediate manual control of some responsible person over the
age of eighteen years
(c) any type of exterior flood lighting that projects
lights upward
(d) all billboard lighting or exterior building lighting,
including outline lighting, unless such light or lighting is
at all times under the immediate manual control of some
responsible person over the age of eighteen years.
(e ) all exterior illuminated signs, all interior illum-
inated signs visible from the exterior, all show window or
other interior lights visible from the exterior, whether in a
private home, commercial establishment or any other structure,
which are not at all times under the immediate manual control
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of some responsible person over the age of eighteen years,
(f) No persons shall leave a light on or burning in or
upon any structure during the daytime, which during the night
time will not be under the immediate manual control of some
responsible person over the age of eighteen years,
PROVIDED, that additional restrictions may be placed on
lights and illumination by rule or regulation adopted as pro-
vided in Section 4 of this Ordinance
Section 7 Unlawful Lights a Nuisance - Abate-
ment Any light displayed contrary to the provisions of this
Ordinance, or any violation of the rules and regulations pro-
claimed, as provided in Section 4 of this Ordinance, constitutes
a public nuisance, and the same may be summarily abated by any
fireman, peace officer, or air raid warden Any house, store,
building or other structure may be entered by a fireman, peace
officer or air raid warden, using reasonable force, if neces-
sary, for the purpose of abating such nuisance by the extinguish-
ment or obscuration of such lights.
Section 8 Regulation of Vehicles (a) Upon
the sounding of the air raid warning, the driver of any motor
vehicle, or other vehicle not upon fixed rails, shall imme-
diately park said vehicle, out of any intersection, as close
as possible to the nearest curb or as far as possible off the
traveled portion of the highway, if there is no curb, and ex-
tinguish all lights on or in said vehicle
PROVIDED, that no such vehicle shall be parked nearer to
a fire hydrant than is permitted by any existing law or ordi-
nance, and PROVIDED, further, no such vehicle shall be parked
in such a manner as to close a street or alley or unduly inter-
fere with vehicular traffic
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Unless otherwise ordered by a peace officer, fireman or
air raid warden, all such parked vehicles shall remain so
parked, with all lights extinguished, until the sounding of
the "All Clear Signal "
The provisions of this section shall not apply to the
following
(1) All army and navy vehicles ,
(2) All vehicles with United States Government creden-
tials indicating the necessity of emergency movement,
(3 ) All authorized emergency vehicles as defined by law
or by ordinance
(4) All vehicles of the personnel engaged in the opera-
tion of aircraft warning service , while such personnel are
actually going to or from their posts of duty
( 5) All vehicles certified by the Chief of Police as
being essential to the preservation of the public peace and
safety, including those necessary for the proper conduct of
the purposes of this Ordinance , or which are engaged in the
gathering or dissemination of news, or necessarily employed
in the production or distribution of a newspaper, provided,
however, that such vehicles conform to the uniform lighting
regulations, adopted under the provisions of this Ordinance
for Black-out emergency vehicles No certificate shall be
issued which conflicts with any regulation or orderoof the
United States Army applicable in the area for which the certi-
ficate is issued
(b) Upon the sound of the air raid warning, the operator
of any street car shall immediately stop said car out of an
intersection and extinguish all lights on or in said car Un-
less otherwise ordered by a fireman, peace officer or air raid
warden, such car shall remain so stopped with all lights extin-
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guished, until the sounding of the "All Clear" signal
Section 9 Unauthorized Interference with Pub-
lic Forbidden It shall be unlawful for any person, other
than a fireman, peace officer, air raid warden, or member of
the armed forces of the United States of America, when acting
under orders of a superior officer, to control or attempt to
control traffic on the city streets, or to in any way molest
or interfere with any other person during an Air Raid Period
Section 10 Penalties Every person violating
any provision of this Ordinance, or the provision of any rule
or regulation adopted pursuant to Section 4 of this Ordinance
shall be punished by a fine of not exceeding three hundred dol-
lars MOO 00) , or by imprisonment in the City Jail for a term
not to exceed ninety days, or by both such fine and imprison-
ment
Section 11. Severability It is the intention
of the City Council that each separate provision of this Ordi-
nance shall be deemed independent of all other provisions here-
in, and it is further the intention of the City Council that
if any provision of this Act be declared to be invalid, all
other provisions thereof shall remain valid and enforceable
Section 12 Emergency In the opinion of the
City Council an emergency exists for the preservation of the
public health, peace and safety and this Ordinance shall take
effect upon its passage under and by virtue of the authority
contained in Sections 6 and 7 or Article IV of the City Charter.
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Introduced, read at length and adopted by the
unanimous vote of all members of the City Council, at a regu-
lar meeting of the City Council, held this 23rd day of
October, A D 1942
2221Z 6
Mayor
Attest
City Clerk
_g_
STATE OF COLORADO, )
ss.
County of Larimer )
I, MILES F. HOUSE, City Clerk of the City of
Fort Collins, do hereby certify and declare that the afore-
said Ordinance, consisting of twelve Sections, was duly pro-
posed and read at length at a regular meeting of the City
Council, held on the 23rd day of October, A D 1942, and was
duly adopted and ordered published in the Fort Collins Express-
Courier, a daily newspaper and the official newspaper of the
City of Fort Collins, by the unanimous vote of all members of
the City Council, as an Emergency Ordinance , in accordance
with the provisions of Sections 6 and 7 of Article IV of the
City Charter, and thereafter and on to-wit the 27th day
of October , A D 1942, said Ordinance No 6
was duly published in the Fort Collins Express-Courier, a daily
newspaper published in the City of Fort Collins, Colorado
IN WITNESS 'WHEREOF, I have hereunto set my hand
and affixed the seal of said City, this 27th day of
October A D 1942
a/
City Clerk