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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