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HomeMy WebLinkAboutOrdinance 42- 717, Authorizes Blackouts and Air Raid Protection Orders and Sets Up Rules and Regulations I I I ORDINANCE NO. 717 '. ~';o;; ~215 ..... .. ... i llo..t"(f ... ........::.(:<" ~-:' '" <;::/ ..." .....<.'(..,-c-f..<.~~. "''',"1.. ..., A IR RAID PHO'rEC - '~."........... VIOLA'I'ION 'l'ImHE:OF; AN ORDINANC~ OF THE CITY OF BOZEMAN AUTHORIZING BLACKOUTS ANI) TION ORDERS, R1TLT~S AND W~GTJLA TIONS; PRESCRIBING PENALTI=S FOR AND DECLARING ANEMT'~RGENCY. WHEREAS, The United States of America is now engaged in a War with foreign powers and the defenpe of our Nation is in the hands of our Arm;T and Navy; and WHEREAS, in modern warfare no city, however distant from the enemy, is free from attack, and WHEREAS, lights at nighttime are a definite a id to the enemy in reaching military and other objectives; and WHEREAS, blackouts, when ordered by the Army or Navy are essential to the preservation of life and propert~T in this city, and it is imperative that The City of Bozeman aid the Army and Navy by all possible cooperation and assistance; and WHEREAS, failure to extinguish 11Q'hts when ordered to do so by duly authorized author- ities may result in loss of life of the residents of The City of Bozeman as well as the residents of other parts of the Nation when lia:hts are used as a ~uide to other objectives; v"m"~REAS, failure to comply wi th orders, rules and regula tions governing evacua tions, traffic movements, congregation of persons in streets and other public places will result in confusion and unnecessary loss of life both durinp: blackouts and during air raids in the daytime, now, therefore, BE IT ORI)AINED BY TEE COMMISSION OF THE CITY OF BOZEMAN: SECTION 1. In order to protect life and property in The City of Bozeman from enemy actlon the City ManFlger is authorized and directed to carry out blackouts and air raId pro- tection measures in said city at such times and for such periods as are ordered by the Army or Navy and to pronmlga te such orders, rules, and regula tions as ma y be necessary to insure the succeS8 of the blackon ts and air raid protection measures and to protect life ard prop- erty durinp' said periods. Provided, th8 t said orders, rules and regul.') tions shall ine lude traffic movements of emergency or other vehicles, evacuat!on of residents, con~regation of persons on 'public streets, sidewalks, in pllblic places or b"lild:inp's, but this enumera- tion shall not be tal{0n as a limitation on the power to promulgate orders, rules, regula- tions govnrning any other sub:iect, persons or property whicr) must be reglJlated in order to insure the proper carrying out of any duly authorized blackout or air raid protection measure. SECTION 2. The City Manager may appoint for a specified time as many special police with or without pay, from among residents of The City of Bozeman as may be de8med advisable for service in connection with any blackout or air raid protection measure. During thA term of service of such special police, they shall possess all the powers and privilel3es and perform all the duties of privates in the standing police force of '1'he City of Bozeman. Said sepcial police must wear such identifying emblem as may be prescribed by the City Manager an(l it shall be unlawflJl for any said special policeman to atterrpt to carry out any order, rule, or regulation pro1Tn.1lgated under the authori t;T conferred b'~ this Ordinance 'when he ~s not wearing said identifying emblem. SECTION 3. This ordinance is an exercise by the City of its governmental functions for the protection of the public peace, health, and safety and neither '1'he City of 130zeman nor any individual sub.i ec t to rPITula tiona lawfu lly included h0re in or pronmle;a tad pursuant 21{) to authority herein conferred shall be liable for any damage sustained to person or property during, or as the r'J{tf;ult of, an authorized blackout or air raid protection meaSlJre. SECTION 4. When deemed necessary in order to protect life or property during a blaclwut or air raid the police, or the special police authorized herein, arB authorized and directed to enter upon any premises wi thin The Ci ty of Bozeman and extinguish lights or tal{B other necessary action to make effec ti ve any order, rule, or rep;u18 tion promul- ~ated under the authority conferred by this ordinance. SECTION 5. Any person, firm or corporation violating any of the provisions of this ord:lnance or any order, rule, or regllla tion is sued pursuant thereto sha 11 upon convic tion t~ereof be ~lnished by a fine of not exceeding Three Hundred e300.00) Dollars or impris- onment for not more than three months, or by both said fine and said imprisonment. SECTIm~ 6. It is the intention of the City Commission that each separate provision of this ordinance shall be deemed independent of all other provisions herein, and it is further the intention of the Cit', Commission thAt if any provision of this Act be de- clared to be invalid, all other provisions thereof shall remain valid and enforceable. SECTION 7. For the reasons set out in the Preamble hereto, this ordinance is nec- essary for the immediq te preserva tion of the public heal tll, peace, and safety of the residents of The Ci ty of Bozeman, in that it:ts in the furtherance of the public welfare t:hat immediRte pteps be taken to enforce bleckout and other regulations, and. an emergency is therefore delcnred to exist and this ordinance shall be in force and effect from and after its passage by City Commission. Passed and adopted this 13th day of Uarch, 1942. Attest: ~ }~~--;;E--~-a -~/ ___ Clerk of the C1 t:r Commis s ion ~ Mavor Published in Bozeman Daily Chronicle the 17th day of March, 1942. State of Montana ) ) ss County of Gallatin ) I, L. G. Shadoan, Clerk of the City Commission of The City of Bozeman do hAreby certify tha t the forGf!oing 01"'1 inance No. 717 was published b': ti tle and nllmber in the Bozeman Daily Chronicle, a newspaper of cr,eneral circulation printed and published in said Ci ty in the issue of March 17th, 1042, and that due proof is on fi Ie in my office. IN WITNESS VW":<:R;:OF I :hereunto set my hand and affix the seal of my office tb.is 27th day of March, 1942. _r t <:c_/c~__)&--,~4--6~~"'--_/' e-l(~rk of tho Cormnission Ordinance No. 717 I I I