Ordinance 440
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ORDINANCE
NO. 440
~O'\MYY\ 0'0
AN ORDINANCE OF THE ~ COUNCIL OF THE CITY OF GILROY RELATING
TO BLACKOUTS, AND PROVIDING A PENALTY FOR THE VIOLATION OF THE
PROVISIONS HEREOF.
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF GILROY DO
ORDAIN AS FOLLOWS:
SECTION 1: Definitions. As used in this ordinance, the
following words and phrases shall mean:
"Blackout Signal" shall mean ~ signal of two
minutes duration, consisting of either a fluctuating or warbling
signal of varying pitch, or a succession of intermittent blasts
of about five seconds' duration, separated by a silent period of
about three seconds.
"All Clear Signal" shall mean a continuous
signal of two minutes' duration at a steady pitch.
"Blackout Structure" shall mean any area so
inclosed that any illumination maintained or existing therein is
not visible from any point outside such inclosure.
SECTION 2: Any person who, at any time subsequent to a
blackout signal or warning by a duly authorized person and prior
to the all clear signal next thereafter, effects or maintains
any illumination or permits any illumination under his control
to be effected or maintained, at any place within the City of
Gilroy, save within a blackout structure, shall be guilty of
a misdemeanor.
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The provisions of this section shall not apply in the
following cases:
(a) Illumination maintained by the armed forces
of the United states in the course of duty.
(b) Illumination maintained pursuant to permits
issued by the Gilroy Defense Council in accordance with rules
previously prepared by the Gilroy Defense Council, and adopted
by the City Council. The Gilroy Defense Council is hereby author-
ized to grant such permission when, and only when, they find
such permission necessary for the preservation of the public
,safety or the maintenance of peace or order, or when they have
been specifically authorized to grant such permission by an
officer of the United states acting within the scope of his
authorit,..
SECTION 3: The Mayor or Executive Chairman of the Gilroy
Defense Council are hereby authorized and directed to cause
the sounding of a blackout signal and of an all clear signal
when, and only when, the district in which the city is located
is notified so to do by the Air Force Interceptor Command.
SECTION 4: Any person who shall operate a siren or other
audible device in such a manner as to simulate a blackout signal
or any all clear signal, except upon order of the Mayor or the
Executive Chairman of the Gilroy Defense council, shall be
guilty of a misdemeanor.
SECTION 5: The provisions of this ordinance shall
apply to officers, agents and employees of the State of
California and all political subdivi~ions and municipal corpor-
ations existing under the laws of the State of California,
including this city.
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SECTION 6: Any illumination contrary to the provisions
of this ordinance constitutes a public nuisance, and the same
may be summarily abated by any city peace officer or city fire-
man. Any structure may be entered by any city peace officer or
any city fireman, using reasonable force if necessary, for the
purpose of abating such nuisance by the extinguishment of such
illumination.
SECTION 7: The provisions of every ordinance of this
city, and every administrative order made pursuant thereto,
requiring any illumination to be maintained in conflict with
this ordinance, shall be deemed suspended during the period
between any blackout signal and the all clear signal next
thereafter.
SECTION 8: Any person who shall violate any provisions
of this ordinance shall be guilty of a misdemeanor and upon
conviction thereof shall be punished by a fine of not exceeding
One Hundred ($100.00) Dollars, or by imprisonment in the city
jailor in the county jail not exceeding three months, or by
both such fine and imprisonment.
SECTION 9: This ordinance is required for the immediate
preservation of the public peace, health and safety and the
following is the statement of facts constituting such urgency:
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The United States is at war, and this city is in i~nent
danger of attack or invasion from the air or otherwise.
SECTION 10: The city clerk shall certify to the adoption
of this ordinance and cause it to be published once in the Gilroy
Evening Dispatch, a newspaper of general circulation printed
and published in this city, and thenceforth and thereafter the
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SaIne shall be in full force and effect.
ADOPTED AND PASSED this 15th day of
.
December
,
A. D., 1941 , by the following votes:-
AYES:
Councilmen George A.Martin,George M.Mason,
James Battersby,Nat Heiner,
J.H.Wentworth.
NOES:
Councilmen None
ABSENT:
Councilmen Jack Rogers.
€ ~e,--fl
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Mayor
ATTEST:
(6. G... ~o-j'
. City Clerk