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Home My Public Portal About1233-1942 - Authorizing Blackout and Air Raid Protection Orders4 Id- /� 33 - AN ORDINANCE AUrfOBIZING BLACKOUT AND AIR RAID PROTECTION ORDERS, RULE AND REGULATIONS; DESIGNATING 'i,EO SMALL HAVE THE AUTHORITY TO ISSUE AND PROMULGATE RULES, REGULATIONS AND ORDERS; THE M&NNER LIND FORM OF A1ND YOR rM ISSUNNCE OF ALL RULES, REGULATIONS AND ORDERS; PROVIDING FOR ZHE APPOINTMENT OF SPECIAL POLICE; PRESCRIBING PENALTIES TIES FOR THE VIOLATION THEREOF; AND DECLARING AN EID. PGENCY. U ':JHEREAS, the United States of America has been attacked by the Government of Japan, Germany, Italy and others and a state of war now exists, and the defense of the United States of America is in the hands of the Army and Navy; and "J111EREAS, In modern warfare no City, Village or Town, however distant from our enemies, is free from attack; and 'dHLREAS, Lights at night time are a most definite aid to the enemy in reaching military and other objectives; and or i`fREAS, Blackouts, when ordered by the Army mxft Navy are essential to the preservation of life and property in this City, and it is imperative that the City of Richmond, Indiana give full aid to the Army and Navy by all possible cooperation and assistance; and ITER {'AS, Failue to extinguish lights when ordered to do so A by duly authorized authorities may result in loss of life and property by thousands of the residents of the City of Richmond, Indiana as well as the residents of other parts of the Nation when the lights of this City are used as a guide by the enemy to other objectives and destinations; and VrHEELQ,S, Failure to comply with orders, rules and regulations governing, evacuations, traffic movements, congregation of persons in streets and other public places will result in confusion, loss of property and unnecessary loss of life during both blackouts and during', air -raids in the daytime, NMIJ 7HEDEFQRE: 171 Page Two - Blackout Ordinance HE IT ORDAINED BY THE C019TION COUI�TCIL OF THE CITY .OF RICRiv'1O1,TD, IP��ILIT-4-o Section la That in order to protect life and property in the City of P,ichmond, Indiana from enemy action either in the daytime or the night time, the Mayor of the City of Richmond, Indiana, is authorized and directed to carry out blackout and air raid protection measureps in said City at such times and for such periods as are authorized or ordered by the Army or Navy and to promulgate such orders, rules and regulations as may be necessary to insure the full success of the blackouts and ® air r&Ld protection measur•els and to protect life and property during said periods Said orders, rules and regulations shall -include traffic movements of emergency or other vehicles, evacuation of residents, congregation of persons on public streets, sidewalks, and in public places or buildings, but this enumeration shall not be taken as a limitation on the power to promulgate orders, rules, 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. Practice blackouts and air raid drills may be carried out at such times and for such periods as the Mayor shall in his ® discretion deem appropriate or necessary, but subject always to the orders and discretions of the 1,,rmy or Navy, and. the orders 0 Page Three - Blackout Ordinance rules and regulations authorized herein. Section 2. The Mayor shall have the power to authorize relative to the provisions of this ordinance, any other person to ±mimE act in his place/if the occasion should arise that said Mayor is unable to issue said orders contained and provided for in this Ordinance either thru ab- sence from said City or thru his inability to act. Section 3. All orders, rules and regulations authorized by this ordinance for the conduct of the general public shall be in writing and shall be available for general public in- spection at the place and during the hours fixed by the Mayor. Section 4. Any order, rule or regulationm promulgated pursuant to the authority conferred by this ordinance shall be in full force and effect from the time of promulgation until amended or repealed by the Mayor or until repealed by the Common Council of said City of Richmond, Indiana. Section 5. The Mayor may appoint for a specified time as many Special Police, the same to serve without pay, from amongst the residents of said City of Richmond, Indiana, as he may deem 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 the police force of the City of Richmond. Said Special Police must and shall wear such identifying m Page Four - Blackout Ordinance emblem as may be prescribed by the Mayor and it shall be un- lawful for any such Special Policeman to attempt to carry out any order, rule or regulation -promulgated under the authority con- ferred by this ordinance when he is not wearing said identifying e4lem so that the same is completely visible to the general public so observing him or them. Section 6. Any person not so authorized who shall operate a siren, whistle or other device so as to simulate a blackout or air raid signal, or the termination of a blackout'or air raid signal, shall be deemed guilty of a violation of this ordinance and shall be subject to the penalties imposed by • this Ordinance. Section 70 This ordinance and the provisions thereofis an exercise by the City of its' governmental functions for the proteftion of the public peace, health and safety and neither the City of Richmond, Indiana, the agents and representatives of said City, or any individual, receiver, firm, ?partnership, corporation, association, or trustee, or any of the agents thereof, in good.faith carrying out, complying with or attempting to comply with, any order, rule or regulation promulgated pursuant to the provisions of this ordinance shall be liable for any damage sustained to person or property as the result of said activity. • Section 8. Any light displayed contrary to any order, rule or regulation so promulgated pursuant to the provisions of this Ordinance constitutes a public nuisance and when deemed nec- Page Five. - Blackout ordinance essary in order to protect life or property during a blackout or airrx± raid the police, or the special police authorized herein, are given the authority and so directed to enter upon any premises within the City of Richmond, Indiana, using therefore reasonable force and to extinguish lights or take any other necessary action to make effective any order, rule or regulation promulgated under the authority conferred by this ordinance Section 9. rat all times when the orders, rules and regulat- ions made and promulgated pursuant to this ordinance shall be in effect, they shall supersede all existing ordinances, orders, rules and. regulations insofar as the latter may be inconsistant therewith. Section 10. This ordinance shall not be construed so as to conflict with any State or Federal statute or with any Military or Naval order, rule or regulation. Section 11. J-iny person, firm or corporation violating any of the provisions of this ordinance or any order, rule or reg- ulation issued pursuant thereto shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not exceeding Five Hundred Dollars ($500.00) or imprisonment for not more than six months, or both said fine and said imprisonment. Common Section 12. It is the intention of the ig±ky Council of the 0 city of Richmond that each septrate section or provision of 0 Page Six — Blackout Ordinance. of this Ordinance shall be deemed inde pendant of all other provisions or sections herein, and it is further the intention of said Common Council of the City of Richmond that if any provision or section of this Ordinance4be declared to be invalid, all other provisions or sections thereof shall remain valid and enforceable. Section 13. This Ordinance is passed as an emergency measure, and the Common Council of the City of Richmond does by the vote by which this Ordinance is passed, hereby declare. that a national emergency exists, which makes it imperative that this Ordinance shall become effective forthwith' ±km Passed by the Common Council of the City of Richmond, Indiana, this O. day of March, 1942. President of Common Council Submitted by me, Lester Medows, Clerk of the City of Richmond, Indiana to Hon. John R. Britten, Mayor of said City at %' M.the day of March, 1942. �a Clerk of Richmond, Indiana. Approved by me, the undersigned, John R. Br t en, Mayor of said City of Richmon I Tana th day of March,1942. Attest: Clerk