Ordinance 706 ORDINANCE NO. 706
AN ORDINANCE AUTHORIZING BLACKOUTS AND
AIR RAID PRECAUTIONS AND PROTECTION
AND AUTHORIZING RULES AND REGULATIONS
• PERTAINING THERETO; REGULATING LIGHTS,
LIGHTING AND TRAFFIC DURING AIR RAIDS
AND THE HOURS OF BLACKOUTS; PRESCRIBING
PENALTIES FOR THE VIOLATION OF THIS ORDI-
NANCE OR ORDERS, RULLS AND REGULATIONS
PROMULGATED BY AUTHORITY HEREOF; REPEALING
ORDINANCE NO. 671, OF THE CITY OF MIAMI BEACH;
DECLARING THIS ORDINANCE TO BE AN EMER+JHNCY
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 regula-
tions governing evacuations, traffic movements, congregation of
persons in streets and other public places with result in confusion
and unnecessary loss of life both during blackouts and during air
raids in the day time;
NOW, THEREFORE, BE IT ORDAINED BY TEE CITY COUNCIL OF THE
CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. For the purpose of this ordinance the term "emergency
vehicle" shall mean and include only the following:
a. Vehicles of the armed forces of the United States of
America.
h. Ambulances and municipal, county, State and Federal
police agencies and fire vehicles, and vehicles being
then officially used by the several branche's of the
Civilian Defense Organization.
c. Vehicles actually in emergency service for the repair
or control of public utility equipment , whether prixately
or publicly owned.
d. Vehicles of the Florida Defense Force 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
on special order of the Civilian Defense Commander,
subject to such restrictions as the military
authorities may impose.
SECTION 2. That in order to protect life and property in the City of
Miami Beach from enemy action, the City Manager is author-
ized and directed to carry out blackouts and kir raid
protection measures in said City at such times and for such periods
as are ordered by the Army or Navy, or other lawful authority, and
to promulgate such orders, rules and regulations as may be necessary
to insure the success of the blackouts and air raid protection mea-
sures, and to protect 1j, 'e and property during said periods. Pro-
vided 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 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 3. That the City Tanager may appoint for a specifiedtime 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 mea-
sure. )urine 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 illiami 'Beach.
Said special police :rust wear such identifying emblem a may be pres-
cribed by the City )ana ger, and it shall be unlawful for any said
special policeman to attempt to carry out any order, rule or regula-
tion promulgated under the authority conferred by this ordinance when
he is not wearing said identifying emblem.
SECTION 4. 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 t
be liable for any damae sustained to persons or property during, or
as the result of, an authorized blackout or air raid protection mea-
sure.
SECTION 5. That when deemed necessary in order to protect life or
property during a blackout or air raid, the police, or the
special police authorizedherein, are authorized and directed
to enter upon any premises within the City of Miami Bach, and extin-
guish lights cr take other necessary action to make effective any order,
rule or regulation promulgated under the authority conferred by this
ordinance.
SECTION 6. In the event of an air raid from the time the official air
raid signal shall be given until the all clear signal shall
be thereafter given, and in the event of a blackout, during
the hours set forth and designated in orders or proclamations issued
by the City Manager,
(a) All lights of whatsoever kind shall be extinguished ex-
cept such interior lights as shall not be visible from the exterior of
the building in which such lights are located.
(b) The operators of all vehicles, except emergency vehicles
as hereinbefore defined, shall immediately draw to the side of the
road or street and stop in such a manner and in such a place so as
not to obstruct the reasonable use of the road or §treet , or any inter-
secting road or street , fire hydrant or police or fire station driveway
or other emergency driveway, and shall set the hand brake of such vehi-
cle.
( c) All persons, unless otherwise duly authorized, shall
evacuate and move from the streets, sidewalks and
open spaces and seek the nearest shelter.
SECTION 7. That during air raids or blackouts, parking regulations
pertaining to time limits, loading zones, distances from
intersections and parking in prohibited zones shall be
suspended except insofar as their violation may constitute a violation
of this ordinance.
SECTION 8. That any person, firm or corporation violating any of the
provisions of this ordinance, or any order, rule or regu-
lation issued pursuant thereto, upon conviction thereof,
shall be punished by a fine not exceeding ., 1,000.00 or by imprison-
ment in the ity Jail for a term not exceeding ninety ( 90) days, or
by both suchfine and imprisonment , in the discretion of the Municipal
Judge.
SECTION 9. That it is the intention of the City Council that each
separate provision of this ordinance shall be deemed inde-
pendent 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 10. That Ordinance No. 671 and all ordinances or carts of ordi-
nances in conflict herewith be and the same are hereby
repealed insofar as there is conflict .
SECTION 11. That this ordinance is hereby declared to be an emergency
measure upon the ground cf urgent public need for the
preservation of peace , health, safety and property in the
City of Miami Beach.
PASSED and ADOPTED this 5th day of January,
'' Mayor
ATTEST :
City Clerk
1st reading - January 5, 1944
2nd reading - January 5, 1944
3rd reading - January 5, 1944
Posted - January 6, 1944
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. 706 entitled "AN ORDINANCE AUTHORIZING BLACK-
OUTS AND AIR RAID PRECAUTIONS AND PROTECTION AND AUTHORIZ-
ING RULES AND REGULATIONS PERTAINING THERETO; REGULATING
LIGHTS, LIGHTING AND TRAFFIC DURING AIR RAIDS AND THE HOURS
OF BLACKOUTS; PRESCRIBING PENALTIES FOR THE VIOLATION OF
THIS ORDINANCE OR ORDERS, RULES AND REGULATIONS PROMULGATED
BY AUTHORITY HEREOF; REPEALING ORDINANCE NO. 671 OF THE
CITY OF MIAMI BEACH; DECLARING THIS ORDINANCE TO BE AN
EMERGENCY MEASURE", 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, Florida, one of which was at the door of the
City Hall in said City on the 6th day of January, A. D. 1944,
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 16th day of February, A. D. 1944.
i
City lerk
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