HomeMy WebLinkAboutItem #40 - Ordinance2/6/74
ORDINANCE NO.
AN ORDINANCE IS CREATED TO COMBAT
THE EFFECT OF THE CURRENT GASOLINE
SHORTAGE ON TRAFFIC, POLICE, AND
FIRE PROTECTION, AND OTHER MATTERS
OF PUBLIC HEALTH, SAFETY AND WELFARE
WITHIN THE CITY OF MIAMI; PROHIBITING
THE SALE OF GASOLINE BETWEEN THE HOURS
OF 7:00 A. M. AND 9:00 A. M. AND
4:00 P. M. AND 6:00 P. M. ON WORKING
DAYS; PROVIDING PENALTIES FOR VIOLA-
TION HEREOF; REPEALING ALL ORDINANCES,
CODE SECTIONS OR PARTS THEREOF IN
CONFLICT; INSOFAR AS THEY ARE IN
CONFLICT; CONTAINING A SEVERABILITY
PROVISION.
WHEREAS, the City Commission of the City of Miami
has found that large numbers of vehicles attempting to obtain
gasoline from the service stations having it available have
created numerous traffic hazards with long lines of vehicles,
sometimes several blocks in length, blocking intersections,
creating traffic hazards or potentially blocking or impeding
police, fire and emergency medical vehicles from properly and
quickly responding to emergencies; and
WHEREAS, it is the opinion of the City Commission that
in order to alleviate the aforesaid traffic hazards and other
threats to the health, safety and welfare, immediate action
should be taken to discourage the aforesaid long lines of vehicles
attempting to enter service stations.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF
THE CITY OF MIAMI, FLORIDA:
Section 1. It shall be unlawful for any person within
the City of Miami engaged in the retail sale of gasoline to the
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public to sell gasoline between the hours of 7:00 A. M. and
9:00 A. M. and 4:00 P. M. and 6:00 P. M. on working days.
Section 2. That the City Commission encourage
gasoline stations to remain open in the evening.
Section 3. Any individual in violation of this
ordinance shall, upon conviction, be fined not more than Five
Hundred Dollars ($500.00), or be imprisoned for not more than
sixty (60) days, or shall be both fined and imprisoned, in the
discretion of the County Judge.
Section 4. A11 ordinances, code sections or parts
thereof in conflict herewith, insofar as they are in conflict,
are hereby repealed.
Section 5. If any section, sentence, clause, phrase,
or word of this ordinance is for any reason held or declared to
be unconstitutional, inoperative or void, such holding or
invalidity shall not affect the remaining portions of this
ordinance; and it shall be construed to have been the intent of •
the Commission of the City of Miami to pass this ordinance with-
out such unconstitutional, invalid, or inoperative part therein;
and the remainder of this ordinance, after the exclusion of such
part or parts shall be deemed and held to be valid as if such
parts had not been included therein.
PASSED on first reading by title only this day
of , 1974.
"C UJ" ^ RTIVE
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PASSED AND ADOPTED on second and final reading by
title only this day of , 1974.
MAYOR
Attest:
City Clerk
PREPARED APP VED BY:
(1,tT-
MIKELE CARTER
Assistant City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
fj JOHN S. LLOYD
City Attorney
"S U ` RTIVE
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FOLLOW"
MC/rb
2/1/74
ORDINANCE NO.
AN EMERGENCY ORDINANCE IS CREATED TO COMBAT
THE EFFECT OF THE CURRENT GASOLINE SHORTAGE
ON TRAFFIC, POLICE, AND FIRE PROTECTION,
AND OTHER MATTERS OF PUBLIC HEALTH, SAFETY
AND WELFARE WITHIN THE CITY OF MIAMI;
PROHIBITING THE FILLING OF THE GAS TANKS OF
AUTOMOTIVE VEHICLES UNLESS SAME ARE LESS THAN
1/2 FULL, PROVIDING PENALTIES FOR VIOLATION
HEREOF, REPEALING ALL ORDINANCES, CODE
SECTIONS OR PARTS THEREOF IN CONFLICT;
INSOFAR AS THEY ARE IN CONFLICT; CONTAIN-
ING A SEVERABILITY PROVISION; DECLARING
THIS ORDINANCE TO BE AN EMERGENCY MEASURE;
DISPENSING WITH THE REQUIREMENT OF READING
THE SAME ON TWO SEPARATE DAYS BY A VOTE OF
NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS
OF THE COMMISSION.
WHEREAS, the City Commission has found that the current
shortage of gasoline at service stations in the City of Miami has
created a wave of.panic buying causing large numbers of motorists
to top off their tanks whenever they have used a few gallons of
gasoline; and
WHEREAS, the City Commission has found further that these
large numbers of vehicles attempting to obtain gasoline from the
service stations having it available have created numerous traffic
hazards with long lines of vehicles, sometimes several blocks in
length, blocking intersections, creating traffic hazards or poten-
tially blocking or impeding police, fire and emergency medical
vehicles from properly and quickly responding to emergencies;
and
WHEREAS, it is the opinion of the City Commission that in
order to alleviate the aforesaid traffic hazards and other threats
to the health, safety and welfare, immediate action should be taken
to discourage the aforesaid long lines of vehicles attempting to
enter service stations.
"CCCUMENT INDEX
ITEM NO._::
CITY COMMISSION
MEETING OF
FEB • - 4,.,
ORD4
Ind REARM ....
.
NOW, THEREFORE, BE rT ORDAINED BY THE COMMtSSroN OF THE
CITY OF MIAMI, FLO1 TDA
Section 1. It shall be unlawful for any person within
the City of Miami engaged in the retail sale of gasoline to the
public to place gasoline in the tank of any automotive vehicle,
unless the tank of such automotive vehicle is less than 1/2 full
when the gasoline is furnished. It shall be the duty of any such
person furnishing gasoline to the public to check the gauge on
any vehicle prior to furnishing gasoline to ascertain that the
tank of such vehicle is less than 1/2 full.
Section 2. It shall be unlawful for any person within
the City of Miami to purchase gasoline for an automotive vehicle
unless the tank of such automotive vehicle is less than 1/2 full.
Section 3. This ordinance shall not apply to any emer-
gency vehicles such as police or fire vehicles or ambulances, nor
shall it be applicable to any situation where a full tank of
gasoline is necessary in order to drive in a situation which may
be classified as an emergency involving the life or health of any
person.
Section 4. Any individual in violation of this ordinance
shall, upon conviction, be fined not more than Five Hundred Dollars
($500.00), or be imprisoned for not more than sixty (60) days, or
shall be both fined and imprisoned. in the discretion of the County
Judge.
Section 5. All ordinances, code sections or parts thereof
in conflict herewith, insofar as they are in conflict, are hereby
repealed.
Section 6. If any section, sentence, clause, phrase, or
word of this ordinance is for any reason held or declared to be
unconstitutional, inoperative or void, such holding or invalidity
"SUPPORTIVE
FOLLOW"
shall not affect the remaining portions of this ordinance: and it
shall be construed to have been the intent of the Commission of the
City of Miami to pass this ordinance without such unconstitutional,
invalid, or inoperative part therein; and the remainder of this
ordinance, after the exclusion of such part or parts shall be
deemed and held to be valid as if such parts had not been included
therein.
Section 7. This ordinance is hereby declared to be an
emergency measure on the ground of urgent public need for the preser-
vation of peace, health, safety and property in the City of Miami.
Section 8. This ordinance shall take effect immediately
and shall expire six (6) months thereafter.
Section 9. The requirement of reading this ordinance on
two separate days is hereby dispensed with by a vote of not less
than four -fifths of the Members of the Commission.
PASSED AND ADOPTED BY TITLE ONLY this day of
, 1974.
Attest:
MAYOR
City Clerk
PREPARED AND APPROVED BY:
Mikele Carter
Assistant City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
John S. Lloyd
City Attorney
"SUPPORTIVE
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