02-21-1942 Regular Meeting
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CITY OF CLEHMONT
MINu~rES OF THE REGULAR ADJOURNED MEETING OF THE CITY COUNCIL
HELD AT THE CITY HALL SAWWRDAYj FEBRUARY 21,1942, 9:30 A.M.
The meeting was called to order by President H. R. Harper,
other Councilmen present being G.J.Egan, C.W.Gaines and Geo.
Nagel. Mayor H.C.Brown, City Attorney Irvin F. Morse, and
City Clerk R.F.House were also present.
Hr H[l.rper stated that the purpose of the meeting was
to pass some ordinances prepared by Mr. Man; e, and. such other
business as was necessary.
Mayor Brown s ta ted that the Bank had S) me Refunding bonds
of th', City to sell @ 56, and after some discussion, Mr~ Egan
made a motion that the City buy one bond from the Meter Deposit
Fund, and nine bonds from the Interest & Sinking Fund. The
motion was seconded by Mr. Gaines, and when put to a vote, the
motion carried.
Mr. Egan then introduced an Ordinance entitled"
"AN ORDINANCE MAKING IT AN OFFENSE TO S'rEAL OR ATr.J.1EMPT TO STEAL,
D',;STROY OR ATTEMPT TO DESTROY, MUTILATE OR ATTEMptl' 'ro MUTILATE,
OR TO TAMPER WITH A MOTOR VEHICLE TIRE OR TIRES OR ANY ACCE8-
-SORIES USED ON OR IN CONNECTION ~ITH ANY MOTOR VEHICLE; PRO-
VIDING PENALTIES FOR VIOLATION OF A1TY OF THE PROVISIONS OF
THIS ORDINANCE; AI\fD PRESCRIBING FOR ITS BECOMING EFFECTIVE
n.'II'i:EDIATELY UPON PASSAGE.", which wa-s read in full. Mr. Egan
moved that the Ordinance be adopted, the motion was seconded
by Mr. Nagel, and when put to a vote, the motion carried.
~Tr. Egan then moved that the rules bIB waived and the Ordinance
read the second time by its title, only. T:be motion was seconded
by Mr. Nagel, and when put toa vote, the motion carried.
Mr. Egan t en mov')d that the rules be further waived, and that
the Ordinance be read the third time and placed upon its passage,
which was seconded by r.1r. Nagel and unanimously carried.
Thereupon the Ordinance was read in full, andupon passage of
the same, the roll was called with the following result:
Ayes-Egan, Gaines, Harper, Nagel; Noes-None; absent-Miler.
So the Ordinance passed, title as stated, and was ordered
recorded in the Ordinance book and numbered Ordinance No.55.
A copy of the Ordinance in full appears in this book following
the minutes of this meeting.
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~~. Gaines then introduced an Ordinance entit1ed-
"AN ORDINANCE PROVIDING FOR BLACKOUTS AND OTHER MEANS OF
PHOTECTION AGAINST ATTACKS UPON THIS MUNICIPALITY BY ,
ENEMIES' OF THE UNITED STATES AND THEIR AGENTS; PROVIDING
THE POi'VERS, DU'l'IES AND OBLIGATIONS OF WNICI? AI, OFFICERS,
AGENTS, AND EMPLOYEES DURIN BLACKOUTS AND OTHER PROTECT-
IONARY MEASURES; MAKING ALL AIR RAID WARDENS AND OTHER
AGENTS AND APPOINTEES OF nm STATE AND COUNTY DEFENSE
COUNCILS EX-OFFICIO ~~NICIPAL OFFICERS AND AGENTS; PRE2
SCRIBING PENALTIES FOn VIOLATIONS OF CERTAIN ORDERS, RULES
AND REGULATIONS ADOPTED EX OR APPROVED BY THE FLORIDA
STATE DEFENSE COUNCIL, AND DECLARING AN EM:1:RGENCY.", which
was read in full. Mr Gaines then moved that the Ord~nce
be adopted, the motion was seconded by Mr. Nagel, and when
put to a vote, the motion carried. ~'Tr. Gaines then moved
that the rules be waived, and the Ord~nanee read the second
time by' its title only. The motion was seconded by Mr. ~
Nagel, and when put to a vote, the motion carried. Mr.
Gaines then moved that the rules be further waived, and that
the Ordinance be read the third time and placed upon its
passage, which was seconed by Mr. Nagel and carried un-
animOUSly. Thereupon the Ordinance was read in f1hll and
upon passage of the same, the roll was called and the vote
was as follows; AYES-Egan, Gaimes, Harper, Nagel; NOES-noneJ
Absent-Miller. So the Ordinance passed, ti tle as sta ted,
and was ordered recorded in the Ordinance Book and numbere~
Ordinance No. 56. A copy of the Ordinace appears in full
in this book, following the minutes of this meeting.
rrhe1!'B being no further business, the Council" adjourned
to meet at the call of the President.
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ORDINANCF NO. ..5b
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AN ORDINANCr PROVIlJING F'OR BLACKOlJ"'TS AND OTHrR r.lEANS
OF' PROTECTION AGAINST ATTA(;KS UPON T'fIS JJ,UNICIPP.LITY BY
ElfEMIES OF THF. UN'lT1iD STP,'rFS AND TH~IR AGFNTS: PROVIDING
THE POWERS, DUTIES AND ObLIGATIONS OF,NIDlICIPAL OFPICERS,
AGENTS, AND ti}{PLOYEFS DURING BLACKOUTS AND OTHER PROTECT-
TIONARY MFAf:;URFS; MAKING ALL AIR RAID WARDFNS AND OTHER
AGJNTS AND APPOIN'rFFS OF TH1:_ STATE AND COUNTY DFFfNSE
COUnCILS rX-OFPICIO tlUNICIPAL OFEiICTRS AND AGENTS; PRESCRIB...
ING Pr.NALTIFS ti'OR VIOLATIONS OF CERTAIN ORDFRS,'RUlrs AND '
REGUL;,TIOHS Al;~T!:L Ok APPROVE BY TP''r FLOIUDA ;ntTE DEFENSE
CO~CIL, AND DfCLARI~G AN FYERGfNCY. .
WHFRFAS, in modern warfare no municipality, however distant
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from the enemy, if free from i1itary attacks from air, land, or
see; blaekouts, when ordered by the armed forces, are essential
to the preservation of the life and property in this municipality
and failure to extinguish lights when so ordered may result in
loss of life and property to residents of this municipality as
well a~ residents of other localities; and
WHFHFAS, failure to comply with orders, rules and regulations
governing evacuations, traffic movements, congestion of persons
in streets and other public places will result in confusionavnd
unnecessary loss of life, both during blackouts and during attacks
by the enemy; Now, Therefore.
BE IT ORDAIN!' I; BY TRE CITY COUNCIL OF THF CITY
OF CL,FRMONT':
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Section 1. Whenever any official signal shall be given warn-
ing of an attack, or the possibility of an attack, by enemies of
the United State8 from the air, land or sea, or to carry out b1aek- _
outs or air raid protection measures, and until a subsequent sig-
nal be given indicatine the passin8 of the danger from such attack:
(a) All person, firms and corporations wit~in this municipality
shall comply'prom.ptly with all orders given b; persons duly author-
ized to b1ve such orders, which persons shall be furnished by the
.munieipality with and shall wear a distinguishing uniform, badge
o~ other insignia indicating such authority;
(b) AIl persons except duly authorized person, 8haIl le~ve
all streets, park~ and open spaces and shall proceed to the near-
est cover;
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Pase ewa of Ordlna.nee '10..5l:,
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(e) All Yehleles exe.pt <1\.11y author1zed vehiolea:J within
or entering thia municipality shall ~vo1d areas of trafr1e
cong~atlon and shall park Imm,&diatell and thO' p..sen8&re there-
in shall prooeed to the nearest cover;
(d) rr th. algoal be given 'between 8undown and sunup 811
l1ghts vIsible fl~OJa tbe outai48 or fr.. the air, excIBptaueh
&mbd~ed ana r~tulated lights &3 .., be hereafter authorized
pursuant to this. ordlnancs ilhall be iaBlediately extinguished
by the per~J(~n, firm or corporation havingG;oarg& or contrel
thctreof;
(e) It .,oy light designated undear s'\\1.opar9.graph (Cl): t~",
not extioau1shed a8 therein r~qu:1r@d, any dil}:! aut"hori&ed person
...ring . ~lstlngul~hln~ uniform, ba~ge or other inaignia aa
aforesaid, mar enter upon the prem.1c$$ where such light 1$
looated. auld tak&suoh meal1ures as may be a.cGasary to axtln.g-
.ish SUGh l1ght and to make effective any other order, rule or
regulation promulgated for protection against attaoke by snsmies
of the United 3tate$. Duly uuthorlsed p8raons aa aforesa1d
ahall have po..,.er to t'nter any building or place and extinguish
&a:r light. l.re bur~loe in violation of this ordinanoe.
~.ctIon 2. The ...:ror ahall adopt an otficial ftrnIag
.lgnA1 of attacIs. or the possibIlity of An attaek, by ens.l&8
ot the Unlted atAta8~ whieh slgnal shall be ldentieal with any
uniform !llgnal adopted or that !fay be adopt~d by the state or
county def.nse councilor by the lilI'1lHtd rCl)rc..~ and all psr.ons
except those duly authorized, shall refrain fram uttering,
publlahlng, mounding or otherwise almulatlng .uoh offiotal
algoa1 or warning.
S.otion 3. The Mayor "'1 appo1nt" for a specIf1ed tlme., a.e
..01 1J~'elal pollco~ without pay" as .laY b. ctee.ctd necessary
tor a~rvlo.. 1n oonneet1on with blaokoute. air raids or othSF
en..,. attacks. Dux>1ng the term sf criies G.f SUi. .p.eta1 pOlle,e.
they ahall 1)0880.1118 all the pewera aDd privl1eges- anti p.r:f(\)Pm
Page three of Ordinance No. j'b
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all the duties of ordinary patrolmen. Such special police shall
wear stich identifying uniforms or emblems not 1n conflict with
state and federal regulations as maybe adopted by th9 Mayor
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and it shall be unlawful for any' such special police to carry
out or 'attempt to carry out Qny ordinance, order, or regulation, ,
while not wearing such identif~ing uniform or emblem.
Section 4. .All air raid wardens and other agents and appoin-
tees of the state and county defense councils shall be ex-officio
municipal officers and agents a~d shall have the same powers and
prlvi1eg~s as are conferred upon the special police a~o~~~ ~e~--
ti.on~d; prOVided liowever, that such wardens, agents and appoin-
tees Elhall not carry .f'irearnls while on 0Uty unless, specifically
authorized in writln[ by the sheriff~ chief of police or mayorc
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Section 5. The Vayor may promulgate or a40pt by proclam-
ation any orders, rules or regulations, including thoBe hereto-
fore or hereafter adopted by t~e Florida or Lake County Defense
Council, for the conduct of persons, firms or corporations during
blackGuts~ air raids and other emergencies or may promulgate and
adopt any other rules and regulations for seid purposes as may
be approved in writing by the Florida or Lake County Defense
Counci,l. The viQlation of any such order, rule or regulation
shall be held a violation o:f this ordInance.,
Section~. This ordinance is adopted in conformity with the
police powers of this municipality for the protection of the publIc
peace, health and safety of'its people, and neither the munIcipa1-
i ty nor sny individual stlhject to regu1a.tions lawfu.l1y ~ included
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herein shall be liable for any damage sustained to person or
property during or as the .result of the measures autrorlzed by
this ordinance~
Section 7. It shall be unlawful for any person to imperson-
ate any member of the Flor1da Defense Council, Lake County Defense
Council, or City of Clermont, or any authorized representative
thereo:f, or to represent himself as being connectlld with the
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Page four of Ordinance No. It_ .
Florida Defense G01l1neil. Laktg County Defense Councilor City
of Clermont when, as a matter of fact, he is not 60 connected.
Section 8.. An emergency is declared to exist in this munici-
pality during the existence of the state of war between the
Uni,ted States and certain foreign powers.
Section 90 Any person, firm or corporation- viola.ting any
@1' the provtsions of this ordinance, or any order, rule or reg-
ulations mentioned herein shall be deemed guilty of a misdemeanor
and upon cO~71vietion thereof ~Ia Mayor's Court shall be punlsh~d by
a fine not exceJildlng five hundred dollarS! ($5QO.OO) or lmprison-
ment for not more than six months, or both, in the discretion
of the Mayor.
Se'e'tion 10. It 18 the intention af the, City Council of the
City of Clermont that each separate provision of the ordinance
shall be deemed independ5nt of any other provisionjand invalidity
of smy provision shall nG>t affect 1rh1\e 0'tiaeFs,.
Section 11. :l'hts ordinanc€ shall take effe'et immediat.ely
upon being signed 'by the Prea1dent of the City Council and the
MaY0r' and shall eontinue in effect during the period of the emer-
geney herein declared.
Sectl.::>n 12. That a.ll ordinances or pa,rts of ordinances 1n
conflict herewith be, and the salDS are hereby repealed.
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PASSRD by the City Couneil at its adjourned regular meeting,
the pI ~ day of Fsbruary, A. D. 1942.
ATTFST:
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--- sident. of City Council
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RECEIVED AND ,AJ?P!tOV'ED ,BY ttF THIS ;&/ ~, DAY OF FlrBRUARY, A. D.
1942.
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ORDINANCE NO. oJ ~
AN @RDINAN€lt" MAXING IT AN OFFENSE TO STEAL <>R
A'TTgPTTO STEAL, DESTROY OR ATTEMPT TO DESTROY,
MUTILATEO"H ~T'PRFT TO MUTILATE, OR TO TA1!PER
lfITB A MO-rOR V EKI'C LE TIRE OR TIRES OR ANY AC-
CESSORIES U'&1ID ON GR INCONNEGTION WITH ANY
rlOTOm Vlml(JLE; PR0VIDING PENALTIES FOR VIOLA,"
TIOM OF Ah'Y OF TFlE Pf{(}'VISIONS OF TBISORDlNoANCi:;
AND PRES~RIBIHG FOR ITS BECOMING EFFECTIVE IM-
MEDIATELY UPON PASSAGE.
BE IT ORDAINED WI THE CITY COUNCIL OF THE CITY OF CLERMONT:
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SECTION 1. It shall be unla,wful for any pars-on, f'irm.
er corporation to steal or attempt t,@ steal, destr0W or attempt
to destr@y, mutilate or attempttG mutilate, or to tamper with
a moteI' vehicle tire or tireaoT any a,~'b'e'ss.QrieB used on ar 1n
cGDne.cticmWl'th e. mot,or vehicle, b61ng the propert;w of' a00ther.
within the corparate limits of the City G-f' Clermon.t, Florida.
SECTION 2. Any person~ firm or corporation v101atlng
€tny o:f the prov-isions of this ordinance shall, upon conviction
ther~of in the Mayor" s Court, be punished by a fine not to
exea'ed. $500 ~00 or by i:mpris,onment for a period nGt ta exceed
50 day:s or by both sueh fine and imprisonment in the discretion
01' the Mayor.,
SECT.ION 3. It Is hereby e.etermineGi that the 1,lle.'ss's,ge 01'
this o:rd1nance 1s ossential f'orthe immediate pres:e'rva.ti0n
oE the public peace, health, pros,Per4.t,. and.s:a.f'8$y Qf the people
Qf' the City of Clermont- and shall take effect immediately upon
its pas:aage end upon its being signed by the Preside.nt 01' the
City Councl1 and 'Upon approval by the Mayor.
SECTION 4. This ordinance shall be. publiShed once after
its 1'1na-l passage in the Clerm.o.nt Press, a newspa.per published
in. the City of Clermont, Flerida.
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RASSED by the City COlllJ!l:cll at its adjoumedregular .meeting,
the c2/ Sf Elay of' February, A. D. 1942._
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7~ir~1tY GeWlo1l
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~CEIVED AND APPROVED BY ME THIS;< / S't DAY OF FEBRUARY, fA. D.
1942.
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