Ordinance - 97ORDINANCE NO.
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AN ORDINANCE OF THE CII'Y OF WEST COVINA, IN THE COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, R,�LATI vG TO LIGHTING AS RESTRICTED
BY PUBLIC PROCLAMATION OF THE COlaI� Ui IDING GENERAL OF THE WESTERN
DEFENS3, C OTVIMAN:D.
BE IT ORDAINED by the Couricil of the City of West Covina as follows;
SECTION 1. J. L. Devitt, Lieutenant General, U. S. Army, Command-
ing Western Defense Command and Fourth Army, by virtue of the author-
ity vested in him by the President of the United States and Executive
Order No. 9066, dated February 19, 1942, and pursuant to Public Law
503-77th Congress, approved March 21, 1942, and by virtue of his powers
and prerogatives as Commanding General of the Western.Defense Commend,
has issued Public Proclamation No. 10, dated Augusts, 1942, and effect-
ive August 20, 1942, which as amended by Public Proclamation No.. 122
dated October 10, 1942, and issued by virtue of.the same authority,
reads as follows (omitting Exhibits incorporated therein):
- :HEADQUARTERS WESTERN DEFENSE COMMAND
AND FOURTH ARMY
Presidio of San Francisco, California.
PUBLIC PROCLAliIATION NO. 10 August 5, 1942
"To: The people within the States of Washington, Oregon and California
and to the Public Generally:
WHEREAS, by Public Proclamation No. 1, dated March 2, 1942, this
Headquarters, there were designated and established Military Areas
Nos. 1 and 2; and
WHEREAS, the armed forces of the enemy have made attacks upon
vessels of the United States traveling along the Pacific Coastal Waters
and upon land installations within said Military Areas, and it is ex-
pected that such attacks will continue; and
WH REAS, it is necessary to provide maximum protection for war
utilities, war materials and war premises located within the States of
Washington, Oregon and California against enemy attacks by sea and by
• Air;
.� NOW, THEREFORE, I, J. L. DeWITT, Lieutenant General, U. S. Army,
by virtue of the authority vested in me by President of the United
States and by the Secretary of War and my powers and prerogatives as
Commanding General of the Western Defense Command, do hereby declare
that:
1. The present`°situation requires as a matter of military
necessity that a Zone of Restricted Lighting be established within
Military Areas Nos. l and 2, and that illumination v thin said Zone
of Restricted Lighting be extinguished or controlled in such manner and
to such extent as may be necessary to prevent such illumination from
aiding the operations of the enemy.
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2. Pursuant to the determination and statement of military necess-
ity in Paragraph 1 hereof, a Zone of Restricted Lighting, as particulaP-
ly described in Exhibit A hereof, and as generally shown on the map
made a part hereof and marked Exhibit B. is hereby designated and es-
tablished. Illumination within the entire area of said Zone of Restrict-
ed Lighting shall be extinguished or controlled at all times at night
from sunset to sunrise, as follows:
(a) Signs, Floodlighting, Display and Interior Lighting. Illuminated
signs and ornamental lighting of every description which are located
out-of-doors, and floodlighting which illuminates buildings or signs
(including but not limited to all exterior advertising signs, bill-
boards, display lighting, theatre marqueessigns, illuminated poster panels
and building outline lighting), and all interior light sources (as here-
inafter defined) which emit direct rays above the horizontal out --of-
doors, shall be extinguished. The words, "light sources", as used
herein are intended and shall be construed "light
mean and include any light
generating elements and the bright portion of any reflector, lens,
luminaires transparency, or other equipment associated herewith for the
control or diffusion of light. This Section 2 (a) shall not apply to
illumination for industrial or protective purposes except to the extent
provided for in Sction 2 (b) hereof.
(b) Illumination of Outdoor Areas; Street and "Highway Lights. Illum-
ination of outdoor areas and industrial and protective illumination,
shall be controlled as follows:
(1) Except as provided in Section 2 (b) (2) hereof, illumination
on all outdoor areas (including but not limited to automobile service
station yards, outdoor parking areas, recreation areas and outdoor
structures and roofs) shall not exceed one foot candle at any point when
measured on a horizontal plane at•any level of such outdoor areas, and
all outdoor light sources shall be shielded so that no direct rays from
the light source are emitted above the horizontal. All interior light-
ing of every description shall be reduced or controlled so that it does
not contribute more than one foot candle of illumination upon any out-
door area. All street and highway lights shall also be shielded so that
each light source emits no more than ten per cent of its total lamp
lumens at angles above the horizontal. Provided the foregoing require-
ments are met, any further reduction or extinguishment of street -or
highway illumination which would unnecessarily aggravate traffic hazards
is not required.
(2) Variations from the foregoing requirements shall be permitted
-in the case of illumination for industrial and protective purposes, and
from industrial processes whether interior or exterior, but not indlud-
ing street or highway lights, only when and to the extent that it is
necessary to vary from such requirements in order to achieve and main-
tain Maximum efficiency; but only with the written approval of the Ninth
Regional. Civilian Defense Board, obtained in advance.
(c) T24ffic signs and signals. Illuminated signs and signals which are
authorized and maintained by governmental authority Bor the purpose of
controlling or directing street or highway traffic shall be shielded so
that no direct rays from the light source are emitted above the horizon-
tal in respect to lights mounted ten feet or more above the ground, or
above an angle of more than six degrees above the horizontal in respect
to lights mounted less than ten but more than three feet above the grcznd,
or above an angle of more than twelve degrees above the horizontal in
respect to lights mounted less than three feet above the ground. Rela-
tive variations in the upward limit of light are permissible to compensate
for grades.
(d) Navigation and hailroad Lights. Authorized lights necessary to
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facilitate air or water navigation, authorized railroad signal lights,
and headlights of railroad locomotives when in motion, are hereby ex-
cepted from ell the provisions of this Proclamation.
3. In addition to the restrictions hereinbefore imposed,' illumination
within that part of the Zone of Restricted Lighting which is visible
from the sea, as hereinafter defined, shall be further diminished or
obscured at all times at night from sunset to sunrise, as follows:
(a) Street, Highway and Traffic Lights. Street and highway lights
and illuminated signs ( but not signals) which are authorized or maint-
ained by governmental authority for the purpose of cnntrolling or direct-
ing street or highway traffic and which aro visible from the sea, shall
be so shielded that they are not visible from the sea at night and so
that no direct rays from the light source are emitted above the horizon-
tal.
(b) Residential, Commercial and Industrial Windows. No lighting
shall be permitted behind windows or glazed doors visible from the sea
unless they are covered by drapes or shades.
(c) Street and Highway Traffic. Within areas visible from the sea,
but subject to the exceptions hereinafter stated, vehicles shall operate
at night with no more than two lighted driving lamps, regardless of the
diredtion of travel, and each such lamp shall provide a maximum of not
more than 250 beam candlepower. Normal rear lights, license plate
lights and clearance lights (where required by law) are permitted.
Vehicles which are classified as authorized emergency vehicles under the
applicable Federal, State or local law, when operated by authorized
personnel, and when displaying an illuminated red spotlight, an d when
responding to a fire alarm, or when in the immediate pursuit of an
actual or suspected violator of the law, or when going to or transport-
ing a person who is in apparent need of immediate emergency medical or
surgical care, or when responding to some other emergency involving
the protection of life or property, shall be excepted from the fore-
going provision.
(d) Industrial and Protective Illumination. Light sources for
industrial purposes and light from industrial processes within areas
visible from the sea, shall comply with the requirements of Section
2 (b) hereof, and shall also be shielded so that they are not visible
from the sea at night; provided, that variations from these require-
ments may be permitted in the case of illumination for industrial and
protective purposes, and from industrial processes, whether interior
or exterior ( but not including street or highway lights), only when
and to the extent that it is necessary to vary from such requirements
in order to achieve and maintain maximum efficiency; but only with the
written appr oval.of the Ninth Regional Civilian Defense Board, obtained
in advance.
(e) Other illumination. Except as hereinabove provided in this
Section 3, all other lights visible from the sea are prohibited at
night, including but not limited to light from fire, bonfires, parked
cars, flashlights and lanterns.
(f) Definition of "Visible from the Sea." The phrase,"visible
from the seaft, as used.herein, is intended and shall be construdd to
mean and include the following:
Visible at any time from the waters of the Pacific Ocean, or
from the waters of the Straits of Juan de Fuca lying south of a line
extending due east from the most southerly point of Vancouver Island
and West of a line running due north and south through the easternmost
point of the easterly boundary line of the City of Port Townsend,
Washington, or visible from any of these bodies of water located on
the shoreline of the State of California generally known and described
as cf ollows :
MANTA MONICA BAY
SA.NTA BARBARA CP.ANIr1 L
SAN LUIS OBISPO.BAY
ES TERO BAY; and
MONTEREY BAY;
Provided, however, that the waters of San Francisco Bay, lying east-
arly of a line extending from Point Bonita through Mile Rock, is
not intended and shall not be construed to be a part of -the sea; and
solely for the purposes of Section 3 (c) hereof, concerning street
and highway traffic, the phrase, 'areas visible from the sea", is
also intended and shall be construed�t o mean and include that por-
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tion of streets and highways which may not in fact be visible from
the sea -but; which is within areas generally visible from the sea.
4. Any person violating any of the provisions of this Proclamation
or orders issued pursuant -thereto is subject to .ir.,imediate exclusion
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from the territory of the Western Defense Command, and to the
criminal penalties provided in Public Law No. 503, 77th Congress,
approved March 21, 1942, entitled "An Act to provide a penalty for
the violation of restrictions or orders with respect to persons
entering, remaining in, leaving, or committing an act in military
areas or zones."
5. The Ninth -Regional Civilian Defense Board is hereby designated
as the primary agency to aid in the enforcement of the foregoing
provisions. It is requested that the civil law enforcement agen-
cies and State and local governmental bodies within the areas af-
fected by this Proclamation assist the Ninth Regional Civilian
Defense Board in the enforcement hereof.
6. This Proclamation shall become effective August 20, 1942
J. L. DeaWi ITT
Lieutenant General, U. S. Army Commanding."
Section 2. Said Public Proclamation No. 12, in addition to
amending Public Proclamation No. 10, as hereinabove set forth,
contains the following paragraphs:
"B. This Proclamation shall become effective October 25, 19422
except those provisions of Subsection 2 (b) (1) hereof, concerning
street and highway lights, which shall become effective November
12, 1942.
c. The recitals set forth in the first three paragraphs of
said Public Proclamation No. 10 are hereby reaffirmed. Except as
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hereinbefore expressly amended, all the provisions and determina-
tions expressed in said Public Proclamation No. 10 shall remain
in full force and effect."
Section 3. The City of West Covina hereby recognized the
civil and military necessity for the concurrent enforcement: of the
provisions of Public Proclamation No. 10, as amended as aforesaid
by the City of V7est Covina and the federal government.
■Restricted
Section 4, The City of West Covina is within the Zone of
Lighting, designed and established by Section 2 of said
Public Proclamation No. 10 as amended as aforesaid.
Section 5. Whoever on or after October 25, 1942, shall commit
any act in the City of West Covina contrary to the provisions of
either Section 2 or Section 3 of Public Proclamation Xo. 10 as
as amended as aforesaid, which amended proclamation is hereinabove
set forth in full, shall be guilty of a violation of this ordinance,
which violation shall constitute a misdemeanor and upon conviction
thereof shall be punishable by a fine of not to exceed $p30MO or
by imprisonment for not to exceed three months, or by both such
fine and imprisonment.
Section 6. This Ordinance is required for the immediate preser=
vation of the public peace, health and safety, and shall take effect
immediately. The following is the statement of the facts constitu-
ting such totgency: The United States is at war and this city by pro-
visions of Public_ Proclamation No. 10 as amended by Public Proclamation
No. 12 is located in a military zone of restricted lighting established
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as a matter of military necessity in order to minimize the danger of
enemy attach and to provide maximum protection for war utilities, war
materials and war premises. By reason of the immediate threat of
enemy attack, compliance with the provisions of Public Proclamation
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No.10 as amended by Public Proclamation No. 12 is essential for the
protection of the lives and property of the people of the City of
West Covina.
Section 7. The City Clerk shall certify to the passage and
adoption of this ordinance and cause the same to be posted in three
public places in the City of best Covina and immediately thereafter
it shall take effect and be in force.
Approved and adopted this day of November, 1942.
Maydr of the City of
West Covina.
Attest:
City Clerk
Approved as to form:
City Attorney
I FMEBY CERTIFY that the foregoing Ordinance was introduced on the
day of November, 1942, and was passed by the City Uouncil
and signed by the Mayor, and attestdd by the City Clerk at a reg-
ular meeting of said City Council held on the day of November,
1942, and that the sarm was passed by the following vote:
Ayes:
Noes:
Absent: "Z
City Clerk
• State of California )
County of Los Angeles ) ss
City of West Covina )
C.C.Toland, being first duly sworn, says: that he is the City
Clerk of the City of West Covina, and is a citizen of the United States
and over the age of twenty-one years; that on the day of ,
19 , he posted three copies of Ordinance No P of the City of ffest
Covina, entitled, "An Ordinance of the City o:' West Covina, in the County
of Los Angeles, State of California, relating to Lighting as Restricted
by Public Proclamation of the Commanding General of the Western Defense
Command," in three; public places in said city, to -wit: One at 361 ,Test
State highway, West Covina, the same being the place where the regular
meetings of the City Council of said City are held, one on Sunset Avenue
in front of .Vest Covina School House and one at the 1�orthwest corner of
Puente. Street and Lark Ellen Blvd.
SUBSCRIBED AND S!,VORTN to before me
this day of 1194_.
Notary Public in and for said County
of Los Angeles, Sate of California
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City Cler