The URL can be used to link to this page

Home My WebLink About01-26-1942 Regular Meetingm STATE OF ALABAITA COUNTY OF BALDWIN The Town Council of the Town of Fairhope met in regular session at the Town Hall, 11onday, January 26, 1942 at 7:30 P.M. with the following members present: Howard Ruge, Mayor, Councilmen: 11.0. Berglin, H.P. Ktamper, C.A* Gaston and J.O. Stimpson: The minutes of the previous regular meeting were approved as read. It was moved by councilman 11-0. Berglin and seconded by Councilman C.A. Gaston that the Mayor be authorized to proceed with the Auxillary water supply as per plans discussed. Motion carried. Councilman C.A. Gaston offered the following ordinance: Ordinance No. 162i7 An ordinance Authorizing Blackout and Air Raid Protection Orders, Rules and Regulations: prescribing Penalties for Violation thereof; and Declaring an Emergency.. V=REAS, a state of war exists between and United States of America and Japan, Germany and Italy, and the defense of tha United States of America is in the hands of the Army and Navy; and 7MREAS, in modern warfare no city, however distant from the enemy, is free from attach, and WHEREAS, lights at night time are a definite aid to the emeny in re4ching military and other objectives; and °7IT-FITblackouts, when ordered by the Army or Navy are essential to the preservation of life and property in this city, and it is imperative that the City of =0airhope aid the Army and Navy by all possible cooper- ation and assistance; and AREAS, failure to extinguish lights when ordered to do so by duly authorized authorities may result in loss of life by numerous residents of the City of Fairhope, as well as the residents of other parts of the Nation when lights in this city are used as a guide to other object- ives; ,FMREAS, failure to comply with orders, rules and regul- ations governing evacuations, traffic movements, con- gregation of persons in streets, and other public places will result in confusion and unneeessary loss of life both during blackouts and during air raids in the day- time, now, therefore, Be it ordained by the Council of the Town of Fairhope, Ala, SECTION 1. AUTHORITY TO PRO11UGATE 1TECE9SARY ORDE ?S, RULES AND REGULATIONS FOR BLACKOUT AND AIR RAIDS. In order to protect life and property in the city of Fairhope from enemy action the Mayor (or authorized local Civil Defense Official) is authorized and directed to carry out black- outs and air raid protection measures in said City at such times and for such periods as are authorised or ordered by the Array or Navy and to promulgate such orders, rules and regulations as may be necessary to insure the success of the blackouts and air maid protection measures and to protedt life and property during said periods. Said orders, rules and regulations shall include traffic move- ments of emergency or other vehicles, evacuat"ion of res- idents, congregation of persons on public streets, sidev,alks, 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 (or authorized local civil defense official) shall in his discretion deem appropriate or necessary, but subject always to the orders and directions of the Army or Navy, and the orders, rules and regulations authorized herein. OCTION 2. GENERAL ORDTkS, RULES AIM REGULATIONS TO BE IN VRITING. 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 public inspection at the place and during the hours faxed by the Mayor (or authorized local Civil defense official). SECTION 3. ORDERS, RULER AND REGULATIONS EFFECTIVE UNTIL REPEALED By COUNCIL. Any order, rule or regulation promulgated pursuant to the authority conferred by this ordinance shall be in force and effect from the time of promulgation until amended or repealed by the T;ayor ( or head of the local Civil Defense Council ) or until repealed by the Council of the City of Fairhope. SECTION 4. APPOINMUENT OF SP"CIAL POLICE - IMIJKTIFYING E1+dBLE?.1. The 'fayor may appoint for a specified time as manor. special police, without pay, from among residents of the City of Fair - hope as may be deemed advisable for service in connection with any blackout or air raid protection measure, During the term of service of such gpeci6,1 police., they shal possess all the powers and privileges and perform all the duties of privates in the standing police force of the City of Fairhope. Said special police must wear such identifying emblem as may be prescribed by the .Iayor 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 emblem. SECTION 5. UNAUTHORIZED WARNING OR ALL CL,'lAR SIGNALS PROHIBITED. Any unauthorised person who' shall operate a siren or other device so as to stimulate a blackout signal or air raid, or the termination of a blackout or air raid shall be deemed guilty of a violation of this ordinance and shall be subject to the penalties imposed by Section 10 of this ordinance. SECTIOTv 6. NO 11UNICIPAL OR PRIVATE LIABILITY. This ordinance is an exercise by the City of its governmental functions for the protection of the publicpeace, health and safety and neither the City of Fairhope, the agents and representatives of said city, or any individual, received, firm, partnership, corporation, association, or trustee, or any of the agents thereof, in good faith carrying out, complying with or attemp- ting 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 7 . LIGHTS DURING BLACKOUT DECLARED PU'3L IC 2dU I SAiNCE. Any light displayed contrary to any order, rule or regulation promulgated pursuant to the provisions of this Ordinance constitutes a public cuisance and 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 Fairhope, using reasonable force and extinguish lights or take other necessary action to make effective any order, rule, or regulation promulgated under the authority conferred in this ordinance. SECTION 8. CONFLICTING ORDINAYCES, ORDERS, RUL73S AND REG- ULATIONS SUSPENDED. At all times when the orders, rules and regulations made and promulgated pursuant of this ordinance shall be in effect, they shall supersede all existing ordinances, orders,rules and regulations in so far as the latter may be inconsistent therewith. SECTION 9. NO CONFLICT WITH STATE OR FEDERAL STATUTES - This Ordinance shall not be construed so as to conflict with any State or Federal statute or any Military or Naval order, rule or regulation. SECTION 10. PENALTIES FOR VIOLATIONS. Any person, firm or corporation violating any of the provisions of this Ordinance or any order, rule or regulation issued pursuant thereto shall be ddemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not exceeding Five Hundred ($500.00) dollars or imprisonment for not more than six months, or be both said fine and said imprisonment. SECTION 11. SEP_ARABILITY OF PROVISIONS. It is the intent- ion 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 Act be declared to be invalid, all other provisions thereof shall remain valid and enforceable. ACTION 12. FINDING OF MTERGENCY. This Ordinance is passed as an emergency measure, and the Council does by the vote by which this Ordinance is passed, hereby declare that a national emergency exists, which makes it imperative that this Ordinance should become effective forthwith, the nature of said emergency being as -follows: a state- of war exists between the United States of America and Japan, Germany and Italy, and the President of the United States has de- clared that an invasion or predatory incursion is threat- ened, and it is necessary in the furtherance of the public health, sagety and welfare of the residents of this City that this Ordinance be effective immediately. Adopted this 26th day of January 1942. Howard Ruge, 'ayor walyn B. Porter, Clerk Councilman J.O. Stimpson moved that all rules and reg- ulations which would prevent the said Ordinance being considered at this meeting suspended and said motion having been seconded by Councilman Ii.O.-Pe rglin, was put to vote by the Idlayor with the following result: Ayes: Howard Ruge, Tdayor, Councilmen: M.O. Berglin, C.A. Gaston, YH.P. Kamper and J.O. Stimpson. Nayes: None The Mayor thereupon declared the motion carried and the rule suspended. Councilman J.O. §timpson moved that the ordinance be put upon its passage. The said motion being seconded by Councilman C.A. Gaston upon roll call Mayor, Howard Ruge, Councilmen: M.O. Berglin, C.A. Gaston, H.P. Kamper and J.O. Stimpson voted for the same. Voting against the same. None. The Yayor declared the motion carried. The Ordinance ahving been read in full, Councilman J.O. Stimpson moved that the same be adopted. The said motion having been seconded by Councilman H.P. Kamper, the Mayor put said motion, Voting for same, Howard Ruge, mayor, Councilmen: 12.0. Berglin, C.A. Gaston, H.P. Kamper and J.O. Stimpson. Voting against the same - none. Whereupon the Mayor declared the ordinance adopted and signed the same. -in the presence of the Council. It was duly moved and seconded that the meeting ag1journ. Approved;�� Attest:e�f.o �00&0(�