Ordinance 79-042 ORDINANCE NO. 79-
AN EMERGENCY ORDINANCE EMPOWERING THE BOARD
OF COUNTY COMMISSIONERS BY RESOLUTION TO
DECLARE AN "AUTOMOTIVE FUEL EMERGENCY", TO
PROVIDE THAT AUTOMOTIVE FUEL WILL I~E SOLD
ONLY TO VEHICLES HAVING LESS THAN O~E-HALF
TANK OF FUEL, TO RESTRICT AUTOMOTI~I~EL
PURCHASES TO VEHICLES WHOSE LICENSE
END IN EVEN NUMBERED DIGITS PURCHAS]hrG.~ON
EVEN NUMBERED DAYS OF THE MONTH~ VEHICI~ES
WHOSE LICENSE NUMBER ENDS IN AN ODD NUI~I~I,I,[R
TO PURCHASING ON ODD NUMBERED DAYS OF'.'I'HE
MONTH, VEHICLE LICENSE NUMBERS ENDING~.
LETTERS A THROUGH M TO PURCHASING ON~E~VL/~I
NUMBERED DAYS OF THE MONTH AND VEH~.CLES
WHOSE LICENSE NUMBER ENDS IN N THROUGH'Z TO
PURCHASING ON ODD NUMBERED DAYS OF THE
MONTH, ALLOWING AUTOMOTIVE FUEL PURCHASES
BY ALL AUTOMOBILES ON THE 31st DAY OF THE
MONTH IN ANY MONTH CONTAINING 31 DAYS: PRO-
VIDING EXCEPTIONS FOR EMERGENCY VEHICLES AND
THROUGH TRAVELERS; REQUIRING THAT RETAIL
AUTOMOTIVE FUEL OUTLETS POST A RED FLAG
WHEN AUTOMOTIVE FUEL 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;
REQUIRING A RED FLAG TO BE POSTED TO THE
REAR OF THE LAST AUTOMOBILE IN LINE FOR WHICH
A AUTOMOTIVE FUEL SUPPLY IS ESTIMATED TO BE
AVAILABLE; PROVIDING EXCEPTIONS; PROVIDING
AN APPEAL, PENALTY, SEVERANCE AND CONSTRUC-
TION CLAUSES; DECLARING AN EMERGENCY TO
EXIST; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the economy, health, safety and welfare of the public
requlre 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 condi-
tions throughout Colller County~ and
WHEREAS~ short automotive fuel supply conditions contrlbute to
long lines of cars at gas stations and on surrounding streets, thus
p~oducing congested and hazardous traffic conditions;
NOW~ THEREFORE, BE IT ORDAINED by the Board of County
Commlssloners of Collier County, Florida:
1. Functions and Authority. The County Fuel Allocatlon Officer
is authorized to perform the following functions and exercise the follow-
lng authority within the County:
ao Identify and coordinate wlth wholesale dealers and retail
outlets that supply motor fuel within Collier County for au~l~mol:lv~-'
vehicles licensed to operate upon State and County roads. ~~ '-~N ~*'1'1
bo Obtain the necessary Information to determine thl~.~ .=-statq~ r.==.
of ,utomotlv, fu,I supply within and to Co,ler County
past and present rate of supply, supply levels~ rate of nSum
tion and demand. Such Information may Include avallabilit~ of
to the motoring public, and national, state and local automotive
fuel supply conditions.
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2. ,Te,mporar¥ A. utomo,tlve Fuel Emergency:
a. The Board ot' County Commlasloners is hereby authorized
from time to time In regular or special public meeting to determine
by resolution and declare that an automotive fuel emergency exists.
b. The term "automotive fuel" shall mean gasoline or diesel
fuel suitable for the operation of passenger cars and trucks of 3/'4
ton capacity or less.
3. Upon adoption of a resolution declaring that an automotive
fuel emergency exists, the following regulations shall apply:
a. It ahall be unlawful for any automobile servlce or ruel
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 automotive vehicle licensed to .travel upon State or County
roads except as follows:
Each passenger car and truck of 3/'4 ton or lesser capa-
city shall have automotive fuel delivered in accordance
with the following schedule:
1) License tag ending In an odd number shall be
entitled to purchase automotive fuel on odd numbered days or
the month.
2) Llcense tag endlng in even number shall be entitled
to purchase automotive fuel on even numbered days or the
month.
3) License tags ending In A through M shall be entitled
to purchase automotive fuel on even numbered days of the
month.
4) License tag ending in letters N through Z shall be
entitled to purchase automotive fuel on odd numbered days of
the month,
5) Any vehicle shall be entitled to purchase automotlve
fuel on the 31st day or any month wlth 31 days.
b. During such automotive fuel emergency, it shall be
unlawful or 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.
c. .E..xceptlons:
(1) Vehicles with out-of-state tags shall be entitled to
purchase automotive fuel on the same basis as those with
Florida tags except that where it Is determined that a cus-
tomer Is a bona fide through traveler he may be entitled to
purchase automotive fuel on any day,
(2) A bona fide commercial vehicle shall be entitled to
purchase automotive fuel on any day of the month upon
presentation of his chauffeur's license.
(3) An unlicensed agricultural vehicle shall be entitled
to purchase automotive fuel on any day o1' the month.
(4) Any bona fide emergency vehicle shall be entitled to
purchase automotive fuel at any time and shall be afforded
Immediate service at the head of any standing line,
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d. During such emergency, It shall be unlawful for any
person to cause or permit automotive fuel to be transferred from
any commercial, emergency or agricultural vehicle, or from any
auxlllary storage tank, barrel or can to any passenger car of 3/4
ton or lesser rated capacity truck except in a bona fide emergency
involving life, safety or personal emergency.
e. Hardship Application for Additional Allocation of Automo-
tive Fuel.
Any person in need of additional supply of automotive
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 provlde 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 a~location
certificate".
f. Postin~ of Flags Recluired.'
Retail automotive fuel outlets shall post a red flag when
automotive fuel supply ls 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 automotive
fuel supply Is estimated to be available.
g. Fuel Purchase Requirements:
Automotive fuel sales will be made only to vehicles with
fuel tanks half or more empty. Station owners and operators will
be responsible for enforcing the provlslons of thls measure. Each
station will be required to post a 3 foot by 4 foot sign at the
roadside end a 1 foot x ltl foot sign at each pump Island to advise
motorists of this measure.
4. Appeal
a. Any person aggrieved by this Ordinance or any decision
of any administrative officer or agency in the application of this
Ordinance, other than the Board of County Commlssloners, 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 com-
plaints of such aggrieved person, the Board of County Commls-
sloners shall, wlthin fifteen (15) days of said hearing, render its
declslon in writing affirming, overruling, or modifying the decision
of the administrating official, agency, or body, or granting a
variance from the provlsions hereof based upon unnecessary hard-
ship in the public Interest.
b. Where any person shall be aggrieved by · declslon of
the Board of County Commissloners, said aggrieved person may
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.within fifteen (15) days from the data of the disputed declslon by
the Board of County Commissioners request a re-hearing by said
Board. Sald Board of County Commlssloners may in Its discretion
gl"ant or deny said request for re-hearing which declslon shall be
final.
5. Conflict and Severance. If any section, subsection, sentences
clauses 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, distlnct and Independent provision
and such holding shall not affect the validity of the remalnlng portion
hereof. ,
In the event this Ordinance conflicts wlth other applicable law, the
more restrictive shall apply. If any part of thls Ordinance conflicts
wlth any part, It shall be severed and the remainder shall have full
force and effect and be liberally construed.
Liberal Construction.
The provisions of this Ordinance shall be liberally construed
to effectively carry out its purposes in the Interests o1' public health,
safety, welfare and convenience of the visitors to and the citizens and
residents of Collier County and of the State o? Florida.
7. ,Penalty.
A vlolatlon of any provision of this Ordinance is a misdemeanor
and shall be prosecuted in the name of the State In the County Court
by the Prosecuting Attorney, end upon conviction shall be punished by
a fine not to exceed $500.00 or by imprisonment in the County Jell not
to exceed 60 dayst or by both such fine end 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 Wrlt or proceeding notwithstanding any prosecution as e
misdemeanor.
8. Area Affected:
This Ordinance applies to the entire County including Incor-
porated municipalities.
9. Declaration of Emergency and Effective Date.
The Board of County Commissioners of Collier County at a
special meeting has waived all notice requirements of the Florida
Statutes by at least 4/Sth~ vote of its membership. It has found that
an emergency exists and that immediate enactment of this Ordinance ls
necessary.
The Clerk of the Board of County Commissioners is hereby direct-
ed to cause to be filed with the Department of State certified copies of
this Ordinance aa soon as is practicable.
This Ordinance shall take effect upon being accepted by the postal
authorities of the government of the United States for special delivery
by registered mall to the Department of State..
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DULY PASSED AND ADOPTED THIS 22nd. day of~ 3une , 1979.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
STATE OF FLORIDA
COUNTY OF COLLIER )
I, WILLIAM J. REAGAN, Clerk of Courts In and for the Twentieth
Judicial Clrcult~ Colller County~ Florida, do hereby certify that the
foregoing Is a true original of ORDINANCE NO. 79-42 which was adopted
by the Board of County Commlssloners via emergency procedure during.
special' session .t,,,, ~ , 1979.
WITNESS my hand and the offlclal seal of the Board of County
Commissioners of Collier County, Florida~ this . 22ne day of
June ~ 1979.
WILLIAM J. REAGAN
Clark of Cou~ts and Clerk
Ex-officio to Board
County Commlsslonerl ~ ~ ~- " ..
V~lnla MagH
~eputy Clerk
79. "*.
Thls Ordinance filed with the
Secr~etary of S.~ate~s office the
~ day of .f',/~g~,~--- ,
1979 and acl~owledgement
that filing^received this
day of
DAP/J;f/ll-J
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