Ordinance 671 ORDINANCE NO. 671
AN ORDINANCE AUTHORIZING BLACKOUTS
AND AIR RAID PRECAUTIONS AND PROTEC-
TION AND ESTABLISHING RULES AND
REGULATIONS P ;RTAINING THERETO; •
REGULATING LIGHTS AND LIGHTING DUR-
ING THE HOURS OF DARKNESS AS DEFINED
IN SAID ORDINANCE; PRESCRIBING
PENALTIES FOR THE VIOLATION THEREOF;
REPEALING ALL ORDINANCES IN CONFLICT
THEREWITH; DECLARING AN EMERGENCY
TO EXIST AND DECLARING THIS ORDINANCE
TO BE AN EMERGENCY MEASURE.
WHEREAS, the United States of America is now engaged
in a war with foreign powers and the defense 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 are a definite aid to the
enemy in reaching military and other objectives; and
WHEREAS, blackouts, when ordered by the Army or Navy,
or other lawful authority, are essential to the preservation
of life and property in this City, and it is imperative that
the City of Miami Beach aid the military and civilian defense
authorities by all possible cooperation and assistance; and
WHEREAS, failure to extinguish lights when ordered to
do so by duly authorized authorities may result in loss of life
by thousands of the residents of the City of Miami Beach, as
well as the residents of other parts of the Nation when lights
are used as a guide to other objectives; and
WHEREAS, failure to comply with orders, rules and regu-
lations governing 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;
NOW, THN,REFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1: That in order to protect life and property
in the City of Miami Beach from enemy action,
the City Manager is authorized and directed to carry out blackouts
and air raid protection measures in said City at such times and
for such periods as are ordered by the Army or Navy, or other law-
ful authority, and to promulgate such orders, rules and regulations
as may be necessary to insure the success of the blackouts and air
raid protection measures, and to protect life and property during
said periods. Provided, that said orders, rules and regulations
shall include traffic movements of emergency or other vehicles,
evacuation of residents, congregation of persons on public streets,
sidewalks, in public places, or in buildings, but this enumera-
tion shall not be taken as a limitation on the power to prormul-
gate 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 may appoint for a
specified time as many special police,
without pay, from among residents of the City of Miami Beach,
as may be deemed advisable 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 perform all the duties of privates
in the standing police force of the City of Miami Beach. Said
special police must wear such identifying emblem as may be
prescribed by the City Manager, and it shall be unlawful for
any said special policeman to attempt to carry out any order,
rule or regulation promulgated under the authority conferred
by this ordinance when he is not wearing said identifying em-
blem.
SECTION 3: That this ordinance is an exercise by the City
of its governmental functions for the protec-
tion 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 con-
ferred, shall be liable for any damage sustained to persons or
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 authorized
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 conferred by this ordinance.
SECTION 5: The provisions of this ordinance as to lights
and lighting shall be in full force and effect
during the hours of darkness which are hereby defined to be from
one-half hour after sundown each night until one-half hour before
sunrise the following morning, between the dates of October first
and April thirtieth, inclusive, and from one hour after sundown
each night until one-half hour before sunrise the following morn-
ing, between the dates of May first and September thirtieth.
SECTION 6: All lights within the City of Miami Beach
are considered to be visible from the sea
when they are visible from the seaward or easterly line of the
City of Miami Beach, Florida, disregarding, however, all inden-
tations made by coves, inlets or other openings or curvatures
in the shore line.
SECTION 7: For the purpose of this ordinance a source
of light is defined as any glass enclosed
filament, gas mantle, fluorescent or neon tube, arc light, or
other light generating element operating on an electrical cir-
cuit, by illuminating gas, open flame or otherwise, together with
all, enclosing transparent or translucent material.
SECTION 8: Any light visible from out-of-doors that
cannot be shielded, completely obscured, or
reduced in intensity in accordance with the provisions hereof
shall be permanently extinguished.
SECTION 9 : All lights or reflections therefrom, with
the exception of vehicular headlights and
lamps, shall be shielded, obscured, or reduced in .intensity so that
they are not visible from the sea and, if they cannot be so shielded
or controlled, they shall be extinguished.
SECTION 10 : On streets, highways and other vehicular
lanes for traffic vehicles shall operate
at a speed of not more than twenty miles per hour during the
hours of darkness, as defined herein, and the lights thereon
during such hours of darkness shall consist of normal rear lights
and of dimmed or low beam headlights the lenses of which shall
be painted black, or hooded, except for a light aperture one-
half inch in width running across the lens parallel to the ground,
the top of said aperture being even with the bottom of the light
bulb. Provided, however, that vehicles responding to fire alarms
or when used in immediate pursuit of an actual or suspected vio-
lator of the law or when going to the aid of or transporting a
person who is in apparent need of immediate emergency medical or
surgical care, or when responding to other emergency involving
the protection of life or property, or military vehicles on ur-
gent missions, shall be excepted from the foregoing provisions.
SECTION 11: All exterior lights used for illumination
of streets or guidance of traffic, except
exterior automobile lamps, shall be reduced in wattage and num-
ber to the minimum consistent with their purpose, as may be de-
termined by the City :Manager, and those retained in use shall
be permanently shielded in such manner that the source of light
will not be visible above the horizontal.
SECTION 12: All exterior lights used for outdoor manu-
facturing or other work, or for outdoor
construction work, shall be reduced as provided in Section 11
above and shall be permanently shielded in such a manner the
the source of light will not be visible at an angle less than
45 degrees below the horizontal.
SECTION 13: All exterior lights used for protective
purposes, such as illumination of fence
lines, exits, sides of buildings or open areas, shall be shielded
as required in Section 12 above, and in no case shall the lights
as measured on the ground or other horizontal illuminated areas
exceed one foot-candle at any point .
SECTION 14: Interior lighting of buildings used for
residential or commercial purposes, or both,
and industrial establishments, shall be shaded or otherwise con-
trolled either at the source of light or at the openings of such
buildings in such a manner that the source of light as in this
ordinance defined shall not be directly visible from any point
outside of said buildings.
SECTION 15 : Lights or windows in buses and other carriers
shall be shielded or otherwise controlled
in such a 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 the said vehicles.
SI,CT1ON 16 : Bonfires, brush fires, burning fields, and
other out-door fires shall be completely
extinguished during the hours of darkness as herein defined.
SECTION 17: All exterior lights used for illumination
of open areas, parking lots, gasoline fill-
ing 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
hereby shall be permanently shielded in such a manner that no source
of light will be visible at an angle less than 45 *degrees below
the horizontal. Such lighting shall be further eliminated as
follows:
a In no case shall the lighting as measured on the open
area exceed one foot-candle at any point.
b In no case shall the total wattage used exceed the
following limits :
.'or incandescent bulbs - 1/8th watt per square
foot of lighted area.
For fluorescent tubes - 1/16th watt per square
foot of lighted area.
SECTION 18: All exterior advertising signs, however
illuminated, shall be extinguished.
SECTION 19 : Interior lighting of stores, show windows,
restaurants, bars, commercial and industrial
establishments and all other interior lights not specifically cov-
ered elsewhere by this ordinance shall be extinguished or in lieu
of such extinguishment shall be dimmed, 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 establishment . Provided,
where show or display windows are lighted by incandescent bulbs
and such bulbs are shielded in a manner to prevent them from
being directly visible from the outside and such display window
is separated from the main portion of the store or establishment
by a partition or other baffle, the escape of light will not vio-
late this ordinance, if no more than ten watts per linear foot of
window space, measured horizontally, is employed. Provided further,
where fluorescent tubes are employed under conditions as outlined
just above for the employment of incandescent bulbs, the use of
fluorescent tubes is permissible to the extent of five watts per
linear foot of window space, measured horizontally.
SECTION 20: That any person, firm or corporation vio-
lating any of the provisions of this ordi-
nance, or any order, rule or regulation issued pursuant thereto,
upon conviction thereof, shall be punished by a fine not exceed-
ing ';;1,000.00 or by imprisonment in the City Jail for a term not
exceeding ninety (90) days, or by both such fine and imprisonment,
in the discretion of the Municipal Judge.
aOTION 21; 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 provi-
sion of this ordinance be declared to be invalid, all other provi-
sions thereof shall remain valid and enforceable.
SECTION 22: That Ordinance No. 636 and all ordinances or
parts of ordinances in conflict herewith be
and the same are hereby repealed, insofar as there is conflict.
SECTION 23: 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 pro-
perty in the City of Miami Beach.
PASSED and ADOPTED this 16th day of December, A. D. 1942.
.74/:2 a4.7
ATTJS ,t---- Mayor
City Clerk
Read 3 readings, Dec. 16, 1942.
Posted - Dec. 17, 1942
STATE OF FLORIDA)
COUNTY OF DADE )
I, C. W. TOMLINSON, City Clerk in and for
the City of Miami Beach, do hereby certify that Ordinance
No. 671 entitled "AN ORDINANCE AUTHORIZING BLACKOUTS AND
AIR RAID PRECAUTIONS AND PROTECTION AND ESTABLISHING RULES
AND REGULATIONS PERTAINING THERETO; REGULATING LIGHTS AND
LIGHTING DURING THE HOURS OF DARKNESS AS DEFINED IN SAID
ORDINANCE; PRESCRIBING PENALTIES FOR THE VIOLATION THEREOF;
REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; DECLARING
AN EMERGENCY TO EXIST AND DECLARING THIS ORDINANCE TO BE AN
EMERGENCY MEASURE" , having been passed and adopted by the
City Oouncil 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 16th day of December, 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 20th day of January, A. L. , 1943.
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City Clerk
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