Ordinance 636 •
a
ORDINANCE NO. 636
AN ORDINANCE AUTHORIZING BLACKOUTS AND
AIR RH.TD PROTECTION AND ESTABLISIIIITG
ORDERS, RULES AND REGULATIONS PERTAIN-
ING THERETO; PRESCRIBING PETALTIES FOR
THE VIOLATION OF TH 'PROVISIOITS OF THIS
ORDINANCE; REPEALING,ING ALL LMS IN CONFLICT;
DECLARING AN EMERGrNCY TO E:TSI AND DI'CLAR-
1TTG THIS ORDINANCE TO BE AN EMERGENCY
ORDINANCE.
WHEREAS, the United States of America is now engaged in a
war with foreign powers and the defens o of our Nation is in the
hands of our Army and Navy; and
WHEREAS, in modern warfare no City, however distant from the
enemy, is free from attack; and
WHEREAS, lights at night-time o definite e a-' d the enemy
�.. ., ��irn�� t�r€ a d� f ir,� to enemy
in reaching military and other objectives; and
EHE,,S, bl^c gouts when ordered by the Army or Navy, or other
lawful authority are essert i al to the er rlc �. ' r ' "..a.. ._.._.,..,.,.�„
_____......_.,_._._.. �....-�,. � h.L p r ,�c,a ,r�.�t 1 c�� o f 1___ e and
d
property in this City, and it is imperative that the City of
Beach aid the military and civilian defense azthorities by all
possible cooperation and s .staancF ; and T�'^
WHEREAS, failure to e;_ '3 r sh , • h t c ,
tl����ui.�ll �i`rr�s vvh:zl ord::�r�.d to do so
by duly authorized '.uthor i ties m9y resultof life , ; thous-
ands
sul�, in loss � T
of the residents of the Cityv of Miami Beach, as well
as the
residents of other parts cf the Nation when lights are used as a
guide to other objectives; and
'WHEREAS, failure to comply with orders, rules and regulations
gover ning evacuations, traffic movements, congregation of persons
in streets and other public places will result in confusion and
unnecessary loss of life both during blackouts and during air raids
in the daytime;
row, H7R: ORE, BE TT ORDAIIilD DY T E I ATL COUNCIL OF THE C 1_TN
OP MIAMI BEACH, FT OR IDS:
SECTION 1 : That in order to protect life and property in
thCity of Miami Beach from erf y cticn, the City
;
Manager is authorized and directed to carry out blackouts end air
raid protection measures in said City at such times and for such
periods as arc ordered by the Army or Navy, or other la.w ul 'zuthor--
i t y, and to promulgate such orders, rules y nd re
gu�l _ io.. n.--s°�-----�-�-�--
as r�2•��y
benecessary insure �, t� -� end. .._ ,
�r`r to the, success of �n� b.�...ckoa�s �:_��. air r. -moi
protection measures, and to protect life and property dar4g said
periods . Provided, that said orders, rules and re6-ul'tt' or_r_ sti_a 1
fi
f c movements
include traffic movements .
of emergency or other vehicles, el,,p�.n-
tion of residents, congregation of persons on public streets, sic e--
walks , in public places, or in buildings, but this enumeration
shall not be taken as a limitation on the power to promulgate
orders, rules and regulations governing any other subject, persons
or property which must be regulated in order to insure the proper
carrying out of any duly authorized blackout or air raid protection
measure.
SECTION 2: That the City Manager mt,y Psopoint for a. specified
time as many special police, without pay, from
among residents of the City of Miami Beach, as may be deemed ad-
visable for service in connection with any blackout or air raid.
protection measure. During the term of service of such special
police, they shall possess all the powers and privileges and per-
form all the duties of privates in the s tondirEpoaic e force of
the City of Miami Beach. Said special police must rear such
identifying emblem as may be prescribed by the City Manager, and It
shall be unlawful for any said TpTCial policeman to attempt to
carry out any order, rule or regulationromulg
p �s.te d under the
authority conferred by this ordinance when he is not :fearing said
identifying emblem.
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SECTION 3 : That this ordinance is an exercise by the City of
its governmental functions for the protection of
the public peace, health and safety, and neither the City of Miami
Beach nor any individual subject to regulations lawfully included
herein or promulgated pursuant to authority herein conferred, shall
be liable for any damage sustained to personsor property during,
or as the result of, an authorized blackout or air raid protection
measure.
SECTION 4 : That when deemed necessary in order to protect
life or property during a blackout or air raid,
the police, or the special police authorized herein, are authoriz-
ed and directed to enter upon any premises within the City of Miami
Beach, and extinguish lights or take other necessary action to make
effective any order, rule, or regulation promulgated under the
authority conferredbey. this ordinance.
SECTION 5: That any person, firm or corporation violating
any of the provisions of this ordinance, or any
order, rule or regulation issued pursuant thereto, upon conviction
thereof, shall be punished by a fine not exceeding $1000.00 or by
imprisonment for a term not exceeding ninety (90) days, or by both
such fine and imprisonment, in the discretion of the Municiple
Judge.
SECTION 6: That it is the intention of the City Council that
each separate provision of this ordinance shall be
deemed independent of all other provisions herein; and it is further
the intention of the City Council that if any provision of this
Ordinance be declared to be invalid, all other provisions thereof
shall remain valid and enforceable.
SECTION 7: That all ordinances or parts of ordinances in con-
flict herewith be and the same are hereby repealed,
insofar as there is conflict.
SECTION 8: That this ordinance is hereby declared to be an
emergency measure upon the ground of urgent public
need for the preservation of peace, health, safety and property in
the City of Miami Beach.
PASSED AND ADOPTED this 22nd duty of January A. a , 1942.
7/
Mayor
ATTEST 1
A
ity Clerk
1st Reading - January 22nd, 1942.
2nd Reading - January 22nd, 1942.
3rd Reading - January 22nd, 1942.
Posted - January 22nd, 1942.
STATE OF FLORIDA)
COUNTY OF DADE )
I, C. W. TOMLINSON, City Clerk in and for
the City of Miami Beach, Florida, do hereby certify that
Ordinance No. 636 entitled, "AN ORDINANCE AUTHORIZING BLACK-
OUTS AND AIR RAID PROTECTION AND ESTABLISHING ORDERS, RULES
AND REGULATIONS PERTAINING THERETO; PRESCRIBING PENALTIES FOR
THE VIOLATION OF THE PROVISIONS OF THIS ORDINANCE; REPEALING
ALL LAWS IN CONFLICT; DECLARING AN EMERGENCY TO EXIST AND DE-
CLARING THIS ORDINANCE TO BE AN EMERGENCY ORDINANCE", having
been passed and adopted by the City Council of the City of Miami
Beach, Florida, has been posted by me in three conspicuous places
in the City of Miami Beach, one of which was at the door of the
City Hall in said City on the 22nd day of January, A. D. , 1942,
and that said ordinance remained posted for a period of at least
thirty days in accordance with the requirements of the City
Charter of the said City of Miami Beach.
IN WITNESS WHEREOF I have hereunto set my hand
and affixed the official seal of the City of Miami Beach, Florida,
on this the 24th day of February, A. D. , 1942.
APPa
City Clerk
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