Ordinance 74-06ORDINANCE NO. 74-6
AN EMERGENCY ORDINANCE TEMPORARY IN NATURE
TO RESTRICT AUTOMOTIVE GASOLINE PURCHASES
TO VEHICLES WHOSE LICENSE NUMBERS END IN
EVEN NUMBERED DIGITS PURCIIASING ON EVEN
NUMBERED DAYS OF THE MONTH, VEHICLES ~qIOSE
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 PURCHASING ON EVEN
NUMBERED DAYS OF THE MONTH AND VEHICLES
~{OSE LICENSE NUMBER ENDS IN N THROUGH Z
TO .PURCHASING ON ODD NUMBERED DAYS OF THE
MONTH, ALLOWING GASOLINE PURCHASES BY ALL
AUTOMOBILES ON THE 31ST DAY OF THE MONTH
IN ANY MONTH CONTAINING 31 DAYS; PROVIDING
EXCEPTIONS FOR EMERGENCY VEHICLES AND
THROUGH TRAVELERS; REQUIRING THAT RETAIL
GASOLINE OUTLETS POST A RED FLAG WT{EN GASO-
LINE 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 GASOLINE
SUPPLY IS ESTI?.tATED TO BE AVAILABLE; PROVIDING
EXCEPTIONS; PROVIDING AN APPEAL, PENALTY,
SEVERANCE AND CONSTRUCTION CLAUSES; PROVIDING
AN EXCEPTION TO PUBLICATION IN THE CODE OF
LAW AND LAWS AND ORDINANCES; PROVIDING AN
EFFECTIVE DATE.
WHE~AS, 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, THEREFO~ BE IT ORDAINED by the Board of County Commissioners
of Collier County, Florida:
1. Functions and Authority. The County Manager is hereby
authorized to designate and direct the County Automotive Fuel
Allocation Officer who sh~]~. perform the following functions and
exercise the following aut]~ority w~thin th~ County.
a. Identify and"coordinate with wholesale dealers 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. ~emporary Automotive Fuel Emergenc~:
a. The Board of County Commissioners is hereby authorized
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frum t~me to timuxn any regular or special public meeting
to review £nformation to determine and declare that an auto-
motive 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" 6f long term national and state
'automotive fuel supplies.
b. During the period of such' "temporary a~t~motive fuel
~emergency" it shall be unlawful for any automobile service or
fuel station, dealer, suDDlier or retailer to deliver 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 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.
3. Exceptions:
a. Vehicles with out-of-state tags shall be entitled
to purchase gasoline on the same basi~ ss 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
purchase 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
immediate 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 to be transferred
from any commercial, emergency or agricultural vehicle, or from
any auxiliary storage tank, barrel or can to any passenger car
of 3/d ton or lesser rated capacity truck except in a bona fide
emergency involving life, safety or personal emergency.
IIardship Application for Additional Allocation of Motor
Fuel.
Any person in need of additional supply of motor fuel shall
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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".
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 nnd priority vohic~o~ 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 esti-
mated to be available.
7. Appeal. Any person aggrieved by this Ordinance shall appeal
to the Board of County Commissioners and request variance therefrom
based upon "unique and unnecessary hardship" or an exception thereto.
SECTION TWO: Conflict and Severance. If any section, sub-
section, 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 a~d independent prevision 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
contlicts 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, welfare 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 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 $500.00 or by imprisonment in the County Jail
not to exceed 60 days, or by both such fine and imprisonment. Each
violation and each day a violation continues shall constitute a
separate offense. The Board of County Commissioners shall have the
power to collaterally, enforce the provisions of this Ordinance by
appropriate Judicial Writ or proceeding notwithstanding any prosecu-
tion as a misdemeanor.
SECTION FIVE: Emergency.
Be it declared that an emergency exists and the in~nediate
enactment of this Ordinance is necessary, therefore, notice require-
ments are waived and this Ordinance shall take effect immediately
upon its placement in the United States Mail to the Secretary of State.
SECTION SIX: The publisher of the Code of Laws and Ordinances of
collier County, Florida is hereby exempted from and directed not to
publish this Ordinance in said Code of Laws and Ordinances being
that it is of a temporary nature.
Ordinance No. 74-4 enacted 4th day of February, 1974 is hereby
repealed and superseded by this Ordinance.
Dated: February 19 , 1974. BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
/~'TEST: ~-, /7 ~
C 1 e rK;~ ~ ~6~$~d~m r t
a~roved a. ~o form aha legality:
David Emerson Brunet
%L;j .,1%.I,~%.,~.~ Collier County Attorney
Origihal~and'd~uplicate mailed to the Secretary of State,
Certzfle~,..~ail'NO. &R007q this 91 day of February, 1974.
Ben D. DriVer, CPA
Fiscal Officer, Deputy Clerk