Newark leader. ([Newark, Ohio]) 1917-1946, 1942-05-14
Blackout
Ordinance
ORDINANCE No. 5426

ORDiN ANtE NO. o4-O
| BY Council as a Whole.
Authorizing Blackout and Air Raid
Protection Orders, Rules and
Regulation; Prescribing Penal
ties for Violation Thereof; and
Declaring An Emergency.
Be it ordained by the Council of
the City of Newark, State of Ohio:
Section l. In order to protect
! life and property in the City of
! Newark from enemy action the
! Mayor is authorized and directed
! to carry out blackouts and air raid
! protection measures 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
| success of the blackouts and air
! protect life and property during
said periods. Said orders, rules
! and regulations shall include traf-
| fic movements of emergency or
! other vehicles, evacuation of resi-
! dents, 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 pro-
mulgate orders, rules, regulations
governing any other subject, per-
sons 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 black
outs and air raid drills may be car
ried 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 directions Of the
Army or Navy, and the orders,
rules and regulations authorized
herein.
Section 2. All orders, rules and
regulations authorized by this or
dinance for the conduct of the gen
eral public shall be in writing and
shall be available for public in
spection at the place and during
the hours fixed by the Mayor.
Section 3. Any order, rule or
regulation promulgated pursuant
to the authority conferred by this
ordinance shall be in force and eff
feet from the time of promulga-
ton until amended or repealed by
the Mayor or until repealed by
Council.
Section A. The Mayor may ap-
point for a specified time as many
special police, without pay, from
among residents of the City as may
be deemed advisable for service in
connection with any blackout or
air raid protection measure. Dur
ing 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. Said special police must
may be prescribed by the Mayor
and it shall he unlawful for any
said special policeman to attempt
to carry out any order, rule, or
regulation promulgated under the
authority conferred by this ordin-
ance when he is not wearing said
Identifying emblem.
Section s. Any unauthorized per-
son who shall operate a siren or
other device so as to simulate a
ination of a blackout or air raid,
shall be deemed guilty of a viola
tion of this ordinance and shall be
subject to the penalties imposed
herein.
Section 6. This ordinance is an
exercise by the City of it's gov
ernmental functions for the pro-
lection of the public peace. health
and safety and neither the City of
Newark, the agents and represen-
tatives of said city, or any indi-
vidual, receiver, firm, partnership,
corporation, associa ton, or trustee,
or any of the agents thereof, in
good faith carrying out, comply
ing with or attempting to comply
with, any order, rule or regulation
promulgated pursuant to the pro-
visions of this ordinance shall be
liable for any damage sustained to
person or property as the result
of said activity.
contrary to any order, rule or reg
ulation promulgated pursuant to the
provisions of this ordinance cOnSti-
tutes public nuisance and when
deemed necessary in order to pro-
tect life or property during a black
special police authorized herein,
are authorized and directed to enter
upon any premises within the City,
using reasonable force, and eX-
sary action to make effective any
order, rule or regulation promul-
gated under the authority confer
red by this ordinance.
Section s. At all times when the
orders, rules and regulations made
and promulgated pursuant to this
ordinance shall be in effect, thek-
shall supersede all existing ordin-
ances, orders, rules and regulations
insofar as the latter may be in
consistent Herewith.
SECTION 3. This Ordinance shall
not Toe construed so as to conflict
with any State or Federal statute
or with any Military or Naval or
der, rule or regulation.
Section 10. Amy person, firm or
provisions of this ordinance or any
order rule or regulation issued
pursuant thereto shall be deemed
guilty of misdemeanor and upon
convection thereof shall be punish
ed by fine of not exceeding Five
Hundred Dollars (S500.0O or i'm
prisonment for not more than six
months or by both said fine and
SAID Imprisonment.
Section II. 1t is the intention
tnnnni1 40
arate provision of this ordinances
shall be deemed independent of ali
other provisions herein, and it is
further the intention of the Citv
Council that if any provision of
this ordinance be declared to be
invalid, all other provisions there
OF shall remain valid and enforce
able.
Section - For the reason that
state of War now exists between
the United States of America and
certain European and Asiatic ma
tions, thereby creating hazard
IN that there is an immediate and
constant threat Of attack by enemy
aircraft, this ordinance is hereby
declared to be an emergency meas,
ure and shall be in full force and
effect Immediately upon its due
passage and approval by the Nav
or
Passed April 20, 1912.
CLINT e. CONFER
President of Council
Attest;-F. A. McELROY. n
Clerk of Council.
AnnrnNad hNy he.