Ordinance 74-04ORDINANCE NO. 74 ~
AN EMERGENCY ORDINANCE TO RESTRICT AUTOMOTIVE
GASOLINE DELIVERIES ON SUNDAYS, MONDAYS,
WEDNESDAYS AND FRIDAYS TO VEHICLES BEARING
LICENSE 'I'AG NUMBERS ENDI~G IN AN EVEN NUMBER
OR A LETTER, RESTRICTING DELIVERIES ON SUNDAYS,
TUESDAYS, THURSDAYS ~{D SATURDAYS TO VEHICLES
BEARING LICENSE TAGS ENDING 1N AN ODD NUMBER;
REQUIRING THAT RETAIL GASOLINE OUTLETS POST A
RED FLAG WHEN GASOLINE SUPPLY IS EXHAUSTED, A
YELLOW FLAG W~IEN SUPPLY IS AVAILABLE ONLY TO
ENERGENCY AND PRIORITY VEHICLES AND A GREEN FLAG
WHEN AVAILABLE TO THE GENERAL PUBLIC; REQUIRING
A RED FLAG TO BE POSTED TO THE REAR OF THE LAST
AUTOMOBILE IN A LINE FOR WHICH A GASOLINE SUPPLY
IS ESTIMATED TO BE AVAILABLE; PROVIDING EXCEPTIONS,
PROVIDING AN APPEAL, PENALTY, SEVERANCE AND
CONSTRUCTION CLAUSES; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the economy, health, safety and welfare of the public
require at least a minimum supply of automotive fuel, and
WHEREAS, conditions threaten to cause a short supply of
automotive fuel sufficient to cause public hardship and emergency
conditions throughout Collier County.
NOW, THEREFORE D~ i'r ORDAINED DY ~,,~.,..~ ~n~°n ..... r~p O~UNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA:
SECTION ONE:
1. Functions and Authority. The County Manager is hereby
authorize'd ~o designate and direct the County Automotive Fu~l
Allocation Officer who shall perform the following functions
and exercise the following authority within Collier County.
a. Identify and coordinate with wholesale d4. alers and
retail outlets that supply motor fuel within Collier County
for automotive vehicles licensed to operate upon State and
County roads.
b. Obtain the necessary information to, and inform the
County Manager of the status of automotive fuel supply within
and to Collier County by relating past and present rate of
supply, supply levels, rate of consumption and demand.
2. Temporary ~utomotive Fuel Eme£~enc~,:
a. The Board of County Commissioners is hereby authorized
from time to time in any regular c_ special public meeting to
review information to determine and declare that an automotive
fuel emergency exists. Such information shall include the
"status of automotive fuel supply", as defined in Paragraph
1.b. above, the actual availability of fuel to the motoring
public, and the "status" of lcu~g term national and state
automotive fuel supplies.
b. During the period of such "temporary automotive fuel
emergency" it shall be unlawful for any automobile service or
fuel station, dealer, supplier or retailer to deliver motor
fuel to or for any automotive vehicle licensed to travel~,~.
State or County roads except as follows:
F?'!
Each passenger car and truck of 3/4 ton or
lesser capacity shall have gasoline delivered
after display of the vehicle registration
certificate in accordance with the following
schedule~ ~.. -...:... .
"~"' pay of Week
Last License Tag Number,~
1, 3, 5, 7, 9 . Sundays, Tuesdays, Thursdays
and Saturdays.
2, 4, 6, 8, 0 and Sundays, Mondays, Wednesdays
all tags bearing only letters . ~and Fridays.
Note: A bona fide through-traveler may be delivered fuel.
Exceptions: . ' ~.~!i! i · ~ I'~ ~
A bona fide commercial vehicleafter the.driver displays the vehicle
registration certificate and his correct chauffeur's license; an
emergency or unlicensed agricultural vehicle.-'-
c. During such temporary emergency it shall be unlawful
for any person to cause or permit automotive fuel to be trans-
ferred from any commercial, emergency or agricultural vehicle,
or from any auxiliary storage tank, barrel or can to any passenger
car or 3/4 ton orllesser rated capacity truck except in a bona
fide emergency involving life, safety or personal emergency.
3.Hardship Application for Additional Allocation of Motor
Fuel.
Any person in need of additional' supply of motor fuel shall
deliver a written application to the County Fuel Allocation Officer
signed by his employer detailing his name and address; vehicle make,
model, year, tag number and color; reason for and amount of the
additional need; circumstances and reason(s) he is unable to provide
for the need by alternative methods. The "officer" is hereby
authorized to grant an additional allocation by issue of a dated
certified "special automotive fuel allocation certificate".
4. Posting of Flags Requiredt ~. ,i''}
Retail gasoline outlets shall post a red flag when gasoline supply
is exhausted, a yellow flag when supply is available only to emergency
and priority vehicles and a green flag when available to the general
public. A red flag shall be posted to the rear of the last automobile
in a line for which a gasoline supply is estimated to be available.
5. Appeal. Any person aggrieved'b~i~hts~'Ordinance shall appeal
to the Boarder County Commissioners and,request variance therefrom
based upon "unique and unnecessary~hardsh~p.,~,~or an exceptio~thereto.
SECTION TWO. , ~ - ~, .~ ,~.~,,..~
1. Severance. If any section, Subse6%~6,,'Sentence, clause,
phrase or portion of this Ordinance is, for any reason held invalid
or unconstitutional by any court of competent Jurisdiction, such
portion shall be deemed a separate, distinct and independent previ-
sion and such holding shall not affect the validity of the remaining
portion hereof. .~,,:~.,..
2. Conflict· In the event Ordinance conflicts
other applicable law, the more restrictive shall apply. If any
part of this Ordinance conflicts with any part, it shall be
severed and the remainder shall have full force in effect and be
liberally construed. :: ·
3. Penalty. The violation of any ~rovision of this Ordinance
is a misdemeanor and shall be prosecuted in the name of the State
in the County Court by the Prosecuting Attorney, and upon conviction
shall be punished by a fine not to exceed $500.00 or by imprisonment in
the County Jail not to exceed 60 days, or by both such fine and
imprisonment. Each violation and each day a violation continues
shall constitute a separate offense. ~. The Board of County Commissioners
shall have the power to collaterally enforce the provisions of this
Ordinance by appropriate Judicial Writ.or proceeding notwithstanding
any prosecution as a misdemeanor."~;?/f'.':.~i -'~ ~ .... :i~. .
4. Emergency. Be it declared that an emergency exists and
the immediate enactment of this Ordinance is necessary, therefore,
notice requirements are waived and this Ordinance shall take effect
immediately upon its placement in the United States Mail to the
Secretary of State.
Dated: February 1, 1974.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
Approved as to form and legality~
David Emerson Brunet
'"~:'Collier. County Attorney
Original and dupltca~e~matled to the'Sect.story of State'~
Ce=rifled Mail No..~dO./J-- this /~ day of February, 1974.
B'en D. Driver, CPA
Fiscal Officer, Deputy Clerk