Sec. 38-86. - Penalty.

A violation of any provision of this article 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 article by appropriate judicial writ or proceeding notwithstanding any prosecution as a misdemeanor.

(Ord. No. 79-42, § 7)

State law reference— Penalty for ordinance violations, F.S. § 125.69.

Sec. 38-87. - Conflict and severance.

(a)

If any section, subsection, sentence, clause, phrase or portion of this article is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portion hereof.

(b)

In the event this article conflicts with other applicable law, the more restrictive shall apply. If any part of this article conflicts with any part, it shall be severed and the remainder shall have full force and effect, and be liberally construed.

(Ord. No. 79-42, § 5)

Sec. 38-88. - Liberal construction.

The provisions of this article 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 the county and of the state.

(Ord. No. 79-42, § 6)

Sec. 38-89. - Area affected.

This article applies to the entire county, including incorporated municipalities.

(Ord. No. 79-42, § 8)

State law reference— Conflicts between ordinances of noncharted counties and municipal ordinances, Fla. Const. art. VIII, § (f).

Sec. 38-90. - Function, authority of fuel allocation officer.

The county fuel allocation officer is authorized to perform the following functions and exercise the following authority within the county:

(1)

Identify and coordinate with wholesale dealers and retail outlets that supply motor fuel within the county for automotive vehicles licensed to operate upon state and county roads.

(2)

Obtain the necessary information to determine the status of automotive fuel supply within and to the county by relating past and present rate of supply, supply levels, rate of consumption and demand. Such information may include availability of fuel to the motoring public, and national, state and local automotive fuel supply conditions.

(Ord. No. 79-42, § 1)

Sec. 38-91. - Authority to declare automotive fuel emergency; automotive fuel defined.

(a)

The board of county commissioners 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 three-fourths ton capacity or less.

(Ord. No. 79-42, § 2)

Sec. 38-92. - Regulations applicable during emergency.

Upon adoption of a resolution declaring that an automotive fuel emergency exists, the following regulations shall apply:

(1)

Entitlement by license tag characters. 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 automotive vehicle licensed to travel upon state or county roads, except as follows: Each passenger car and truck of three-fourths ton or lesser capacity shall have automotive fuel delivered in accordance with the following schedule:

a.

License tag ending in an odd number shall be entitled to purchase automotive fuel on odd-numbered days of the month.

b.

License tag ending in even number shall be entitled to purchase automotive fuel on even-numbered days of the month.

c.

License tags ending in A through M shall be entitled to purchase automotive fuel on even-numbered days of the month.

d.

License tag ending in letters N through Z shall be entitled to purchase automotive fuel on odd-numbered days of the month.

e.

Any vehicle shall be entitled to purchase automotive fuel on the 31st day of any month with 31 days.

(2)

Unlawful blocking of accessways. During such 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 area.

(3)

Exceptions.

a.

Vehicles with out-of-state tags shall be entitled to purchase automotive fuel on the same basis as those with state tags, except that where it is determined that a customer is a bona fide through-traveler he may be entitled to purchase automotive fuel on any day.

b.

A bona fide commercial vehicle shall be entitled to purchase automotive fuel on any day of the month upon presentation of the operator's chauffeur's license.

c.

An unlicensed agricultural vehicle shall be entitled to purchase automotive fuel on any day of the month.

d.

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.

(4)

Unlawful transfers. 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 auxiliary storage tank, barrel or can to any passenger car or three-fourths ton or lesser rated capacity truck, except in a bona fide emergency involving life, safety or personal emergency.

(5)

Hardship application for additional allocation of automotive 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 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 automotive fuel outlets shall 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. A red flag shall be posted to the rear of the last automobile in a line for which an automotive fuel supply is estimated to be available.

(7)

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 provisions of this measure. Each station will be required to post a one-foot by 1½-foot sign on either end of each pump island to advise motorists of this measure.

(Ord. No. 79-42, § 3; Ord. No. 80-13, § 1)

Sec. 38-93. - Appeals.

(a)

Any person aggrieved by this article, or any decision of any administrative officer or agency in the application of this article, other than the board of county commissioners, shall file a written request to the board of county commissioners not later than 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 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 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 15 days from the date of the disputed decision by the board of county commissioners request a rehearing 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.

(Ord. No. 79-42, § 4)