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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