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Show Legal Department ORDINANCE 'AN ORDINANCE OF THE COUNTY O F WASHINGTON, UTAH, RELATING TO AIR RAID PRECAUTION. The Board of County Commissioners Commis-sioners of the County of Washington, Wash-ington, State of Utah, Ordains as follows: Section 1. 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 County of Washington, State of Utah, a system and method of precaution from enemy air attack, described in the Publication of the United States Office of Civilian Defense, entitled, "BLACKOUTS", "AIR RAID WARNING SYSTEM", SYS-TEM", AND "WAR TRAFFIC CONTROL", and any publication of said office supplementing those publications. , Section 2. As used in this ordinance ordi-nance the following words and phrases shall mean: "Air raid warning signal", shall mean a signal, by siren, whistle, horn or other audible device, of two minutes duration consisting of either a fluctuating or warbling signal of varying pitch or a succession suc-cession of intermittent blasts of about five seconds duration separated sep-arated by a silent period of about three seconds. "All clear signal", shall mean a continuous signal, by siren, horn or other audible device, of two minutes duration at a steady pitch. "Period of air raid alarm", shall mean the interval of time between be-tween the giving of the air raid warning signal and the giving of the next succeeding all clear signal. sig-nal. "Blackout structure", shall mean any space so enclosed that any illumination maintained or existing exist-ing therein is not visible from any point outside such enclosure. "Hours of darkness", shall mean the time commencing one-half hour after sunset and ending one-half one-half hour before sunrise. "Vehicle", shall mean every device de-vice in, upon or by which any person or property is or may be transported, propelled or drawn upon or over " any street, alley, highway or ground. Section 3. The Sheriff is hereby here-by authorized and directed to cause the sounding of an air raid warning signal and of an all clear signal when, and only when, he is notified to do so by the Utah District Warning Center upon orders of the United States Army., Section 4. Any person who affects af-fects or maintains any illumination of whatsoever kind or character, or permits any illumination of whatsoever kind or character under un-der his control to be affected or maintained at any place within the County of Washington, State of Utah, during any period of air raid alarm in the hours of darkness, dark-ness, expect within a blackout structure, shall be guilty of a misdemeanor. mis-demeanor. Section 5. The maintenance or leaving of any illumination, except within a blackout structure, without with-out provision for its extinguishment, extinguish-ment, within one minute after the commencement of a period of air raid alarm, by a competent person per-son over the age of eighteen years attendant at the place where such illumination is controlled, or by mechanical device approved by the sheriff, is hereby prohibited. , Section 6. In order to enable the sheriff to meet emergencies which may arise and in such emergencies to provide for the obscuration, ob-scuration, diminution or extinguishment extin-guishment of any illumination, whether in or out of doors, which increases the vulnerability of the i County of . Washington, State of Utah, or any portion thereof to lair attack, or for the regulation of traffic during the period of air raid alarm, the sheriff may adopt and promulgate reasonable rules and regulations for such purposes, and any rules or regulations so adopted by him shall be and remain re-main in effect for ten days thereafter, there-after, but no longer unless approved ap-proved within said time by resolution reso-lution of the Board of County Commissioners; provided, however, that any rule or regulation so adopted by the sheriff may at any time be rescinded by resolution resolu-tion of the Board of County Commissioners. Com-missioners. Violation of any such rules or regulations so adopted and promulgated is hereby declared de-clared to be a misdemeanor. Section 7. It shall be unlawful unlaw-ful to disobey any lawful direction or order of a peace officer, highway high-way patrolman, or fireman given during a period of air raid alarm, which order is reasonably necessary neces-sary for the maintenance of public order or safety or to effect the extinguishment or obscuration of light. Section 8. Any illumination contrary to the provisions of this ordinance, or to any rule or regulation regu-lation adopted and promulgated in accordance with Section 6 hereof, constitutes a public nuisance, and the same be summarily abated by any peace officer, highway pa trolman, or fireman, using reasonable reas-onable force if necessary for the purpose of abating such a nuisance by extinguishing such illumination. Section 9. At the commencement commence-ment of a period of air raid alarm, the operator of any vehicle shall forthwith bring such vehicle, except vehicles upon fixed rails, as far as possible to the side of the street, road or highway off the main traveled portion thereof, and the operator of any such vehicle ve-hicle shall bring such vehicle to a stop clear of any crossing, intersection, inter-section, bridge or approach thereto, there-to, fire house, fire plug, hospital or other emergency depot or area, and during the hours of darkness shall extinguish all lights therein there-in or thereon and said vehicle shall remain so situated during the period of air raid alarm, unless un-less directed or ordered to move by a peace officer, highway patrolman pa-trolman or fireman. Section 10. The provisions of this ordinance shall not apply to blackout emergency vehicles, which shall include the following: (a) Vehicles of the Armed forces of the United States of America. (b) Ambulances, municipal, county, state and federal police agency and fire vehicles, and vehicles ve-hicles being then officially used by the several branches of the Civilian Defense Organization. (c) Vehicles actually in emergency emerg-ency service for the repair or control of public utility equipment, equip-ment, whether privately or publicly pub-licly owned. (d) Vehicles of the State Guards 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 in special order of the Civilian Defense Coordinator, Co-ordinator, or military authorities. Provided, however, that such emergency blackout vehicles as in this Section 10 set forth shall conform con-form to the lighting regulations approved ap-proved by the Utah State Council of Defense or by the United States Army or Navy for blackout emergency vehicles. Section 11. During any period or air raid alarm all pedestrian traffic within the County of Washington, Wash-ington, State of Utah, is hereby prohibited and declared unlawful; provided, that immediately upon the sounding of any air raid warning warn-ing signal, pedestrians shall take shelter. Section 12. The provisions of Section 9 of this ordinance shall not apply to firemen, police officers, offi-cers, members of the armed forces of the United States of America, duly licensed physicians, surgeons and nurses and other officially authorized persons when acting in the line of their respective duty. Section 13. It shall be unlawful unlaw-ful for any person, without authority, au-thority, during any period of air raid alarm, to use, or exhibit or possess any uniform, insignia, cre-dental cre-dental or other indication of authority, au-thority, or any imitation thereof, adopted and issued by any official defense or organization or any authorized law enforcement officer offi-cer or agency. Section 14. Any person who shall operate a siren, whistle, horn or other audible device in such a manner as to stimulate an air raid warning signal or an all clear signal, except upon order of the sheriff or other proper authority, au-thority, shall be guilty of a misdemeanor. mis-demeanor. Section 15. The provisions of every ordinance of this County and every administrative order made pursuant thereto, requiring any illumination to be maintained in conflict with any rule or regulation regu-lation made pursuant to Section 6 of this ordinance, shall be deemed suspended during the period per-iod between any air raid warning signal and the next succeeding all clear signal. Section 16. Any person who shall violate any provision of this ordinance shall be deemed guilty of a misdemeanor, and, upon conviction con-viction thereof, shall be punished by a fine of not exceeding S300.00 or by imprisonment in the County Jail not exceeding three months, or by both such fine and imprisonment. im-prisonment. Section 17. This ordinance is required for the immediate preservation preser-vation of the public peace, health and safety, and the following is the Statement of Facts constituting consti-tuting such urgency: The United States is at war and this County is in great continuing con-tinuing danger of air and other attack by the enemy. Section 18. If any provisions of this ordinance or the application thereof to any person or circum-tance circum-tance is held invalid, such invalidity shall not affect other provisions or applications of this ordinance, which can be given effect without with-out the invalid provision or application, appli-cation, and to this end the provisions pro-visions of this ordinance are declared de-clared to be severable. Section 19. This Ordinance shall take effect on and after its publication according to law. Passed by the Board of County Commissioners this 14th day of May, 1942. GEORGE H. LYTLE, (SEAL) Chairman. ATTEST: Alice Pendleton, County Clerk. The vote was as follows: Chairman George H. Lytle, aye. Commissioner Newell R. Frei, aye. Commissioner Finley Judd, aye. |