Ordinance 74-17 ORDINANCE NO. -7~
AN ORDINANCE kMENDING ORDINANCE 74-6 EMPOWERING
THE BOARD OF COUNTY CO~4ISSIONERS BY RESOLUTION
TO DECLARE'AN "AUTOMOTIVE FUEL EMERGENCY"; TO
RESTRICT AUTOMOTIVE GASOLINE PURCHASES TO VEHICLES
WHOSE LICENSE NUMBERS END IN EVEN NUMBERED DIGITS
PURCHASING ON EVEN NUMBERED DAYS OF THE MONTH,
VEHICLES WHOSE LICENSE NUMBER ENDS IN AN ODD
NUMBER TO PURCHASING ON ODD NUMBERED DAYS OF THE
MONTH, VEHICLE LICENSE NUMBERS ENDING IN LETTERS
A THROUGH M TO PURCILASING ON EVEN NUMBERED DAYS
OF THE MONTH AND VEHICLES WHOSE LICENSE NUMBER
ENDS IN N THROUGH Z TO PURCHASING ON ODD NUMBERED
DAYS OF THE MONTH, ALLOWING GASOLINE PURCHASES
31ST
DAY
OF
THE
MONTH
TIONS FOR EMERGENCY VEHICLES AND THROUGH TRAVELERS;
~r.'FnAS~ WHEM GaSOn~E SUPPLY ~S EX~OSTED, X YELLOW
LAG ~{EN SUPPLY IS AVAILABLE ONLY TO E~RGENCY
}~D PRIORITY VEHICLES AND A G=EN FLAG ~EN
~TED TO BE AVAILABLE;. PROVIDING EXCEPTIONS;
PROVIDING AN APPEAL, PENALTY, SEVEF~NCE ~D CON-
STRUCTION CLAUSES; PROVIDING ~ EXCEPTION TO'
PUBLICATION IN THE CODE OF LAW AND LAWS ~D
O~IN~CES; PROVIDING ~ EFFECTIVE DATE.
WHEREAS, the economy, health, safety and welfare of the
public require at least a minimum supply of automotive fuel, and
WHEREAS, the conditions threaten to cause a short supply of
automotive fuel sufficient to cause public hardship and emergency
conditions throughout Collier County, and
WHEREAS, the State Energy Officer through the Office of the
Governor of the State of Florida has requested that the Board of
County Commissioners of Collier County, Florida adopt the Florida
plan during this emergency situation.
NOW, THEREFORE BE IT ORDAI'NED by ~he Board of County Co'mmissioners
of Collier County, Florida:
1. Functions and Authori~I. The County Manager is hereby
authorized to designate and direct the County Automotive Fuel
Allocation Officer who shall perform the following functions and
exercise the following authority'within the County.
a. Identify and coordinate with wholesale dealers and
retail outlets that supply motor fuel wihhln 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 atatus of automotive fuel supply within
and to Collier County by relating past and present rate o~m -~
supply, supply levels, rate of consumption and demand. ~ -~
2. ~T. emporary Automotive Fuel Emergency:
a. The Board of County Commissioners is .hereby auth~i~d
from time to time in any regular or special public meeting to determine
by resolution and declare that an automotive fuel emergency exists. Such
information may include availability of fuel to the motoring public, and
national, state and local automotive fuel supply conditions.
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 and for any .person to
permit or cause to be delivered or accept motor fuel to or for any automo-
tive vehicle licensed to travel upon State or County roads except as
follows:
Each passenger car and truck of 3/4 ton
or lesser capacity shall have gasoline
delivered in accordance with the following
schedule:
1) License tag ending in an odd number shall be
entitled to purchase gasoline on odd numbered days of
the month.
2) License tag ending in even number shall be
entitled to purchase gasoline on even numbered days
of the month.
3) License tags ending in A through M shall be
entitled to purchase gasoline on even numbered days of
the month.
4) License tag ending in letters N through Z
shall be entitled to purchase gasoline on odd numbered
days of the month.
5) Any vehicle shall be entitled to purchase
gasoline on the 31st day of any month with 31 days.
c. During such temporary automotive fuel emergency it
shall be unlawful for any person to cause a vehicle'under or subject
to his control to be parked, stopped, or to block an automotive fuel
service area or entrance to such area after being refused service
or being requested to remove the vehicle from such areas.
3. Exceptions:
a. .Vehicles with out-of-state tags shall be entitled
to purchase gasoline on the same basis as those with Florida
tags except that where it is determined that a customer is
a bona fide through traveler he may be entitled to purchase
gasoline on any day.
b. A bona fide commercial vehicle shall be entitled to
p~rchase gasoline on any day of the month upon presentation
of his chauffeur's license.
c. An unlicensed agricultural vehicle shall be entitled
'to purchase gasoline on any day of the month.
d. Any bona fide emergency vehicle shall be entitled
to purchase gasoline at any time and shall be afforded
i~ediate service at the head of any standing line.
4. 'During such temporary emergency it shall be unlawful for
any person to cause or permit automotive fuel ~o be transferred
from any commercial, emergency or agricultural vehicle, or from
any auxiliary storage tank, barrel or can to any passenger car
of 3/4 ton or lesser rated capacity truck except in a bona fide
emergency involvin~ life, safety or personal emergency.
5. 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 nun%ber and co'lor; 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".
6. Posting of Flags Required:
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. ~
7. Appeal.
a. Any person aggrieved by this Ordinance or any decision
of any administrative officer or agehcy in the application of. this
Ordinance, oti~er than the Board of County Commissioners, shall file
a written request to the Board of County Commissioners not later
than thirty (30) days from the date whereon the.disputed decision
shall have become final, which shall, at a public hearing, hear
the complaints of such aggrieved person. Said public hearing shall
be held within thirty (30) days of the date of filing of the hearing
request. After a full and complete hearing of the complaints of
such aggrieved person, the Board of County Commissioners shall,
within fifteen (15) days of said hearing, render its decision in
writing affirming, overruling, or modifying the decision of the
administrating official, agency, or body, or granting a variance
from the provisions hereof based upon unnecessary hardship in the
public interest.
b. Where any person shall be aggrieved by a decision of
the Board of County ComMissioners, said aggrieved'person may within
fifteen (15) days from the date of the disputed decision by the
Board of County ComMissioners request a re-hearing by said Board.
Said Board of County Commissioners may in its discretion grant or
deny said request for re-hearing which decision shall be final.
SECTION TWO: Conflict and Severance. If any section, subsection,
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 pro-
vision and such holding shall not affect the validity of the remaining
portion hereof.
In the event this Ordinance conflicts with other applicable law,
the more restrictive shall apply. If any part of this Ordinance con-
flicts with any part, it shall be severed and the remainder shall have
full force and effect and be liberally construed.
SECTION THREE: Liberal Construction.
The provisions of this Ordinance shall be liberally construed to
effectively carry out its purposes in the interests of public health,
safety, w~!fare and convenience of the visitors to and the citizens and
residents of Collier County and of the State of Florida.
SECTION FOUR: Penalty~ ~ ~..
!
A violation of any provision ~f this O~dinance 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.
SECTION FIVE: Effective Date.
This Ordinance shall take effect upon receipt of notice from
the Secretary of State that this Ordinance has been filed with the
Secretary of State.
SECTION SIX: The publisher of the Code of Laws and Ordinances of
Collier County, Florida is hereby exempted from and directed not to
publish this Ordinance in said Code of Laws and Ordinances being that
it is of a temporary nature.
Ordinances numbered 74-4 and ~4-6 are hereby repealed and super-
seded by this Ordinance.'
Dated: ?~ay 21 , 1974.
ATTEST:
MARGARET T. SCOTT
Margaret T. Scott
Clerk of Circuit Court
By
Deput..y 'Clerk
BOARD OF COUNTY CObSMISSIONERS
BY, ~~r'C-li f ford We n ::~,/-~
Approved as to form and legality:
D~avi~Em~ 'r s o~n ~
Collier County Attorney