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Home My WebLink About580 07-10-1979ORDINANCE NO. 580 AN ORDINANCE REGULATING THE PURCHASE OF GASOLINE FUEL; PROHIBITING PURCHASE OF GASO- LINE FUEL ON CERTAIN DAYS FOR CERTAIN MOTOR VEHIBLES; PROVIDING CERTAIN DEFENSES TO PROSE- CUTION; PROHIBITING MISREPRESENTATION OF DEFENSES; PROHIBITING MISREPRESENTATION OF LICENSE PLATE NUMBER; PROHIBITING OBSTRUCTION OF INTERSECTIONS AND DRIVEWAYS; PROVIDING FUEL PURCHASE LIMITATIONS; DISPENSING WITH REQUIREMENT OF CULPABLE MENTAL STATE; PROVIDING A PENALTY; PROVIDING A SEVER - ABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE AND EXPIRATION DATE. WHEREAS, on Play 29, 1979, the President of the United States signed an Executive Order delegating to the Governors of the fifty States and the chief executives of the District of Columbia and U.S. possessions and territories, certain authorities held by the Pre- sident under the Emergency Petroleum Allocation Act of 1973 (15 U.S.C. sec. 751 et sect.) to adopt any combination of the fol- lowing mandatory measures to prevent or reduce gasoline lines: (1) A minimum gasoline purchase requirement; (2) An odd /even license plate plan for gasoline purchases; or (3) Regulation of the hours of gasoline pumps; and WHEREAS, on June 20, 1979, issued his amended Executive Order motor gasoline end -user allocation and Tarrant because of serious sho endanger the public health, safety Governor William P. Clements, Jr., WPC -7A establishing guidelines for in the counties of Dallas, Harris rtages of motor gasoline that and welfare; and WHEREAS, the Euless City Council in response to the request of the Governor of the State for enactment of necessary orders at the municipal level in enforcement of such rationing and supply program does desire to adopt an ordinance in implementation thereof; and WHEREAS, premises considered, there does now exist within the City of Euless a State of Emergency necessitating the full exercise of the powers of the City to aid in the preservation and enforcement of the order and security of the City and its inhabitants; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: SECTIO14 1. PROHIBITED PURCHASE OR ATTEMPTED PURCHASE OF GASOLINE FUEL: DEFENSES. (a) A person commits an offense if he purchases or attempts to purchase gasoline fuel: (1) on an even day of the month for dispensing into a motor vehicle that has a license plate number, the last digit of which is an odd number or if there are only letters on the license plate, the last letter of which is a letter in the last half of the alphabet (N -Z) ; or (2) on an odd day of the month for dispensing into a motor vehicle that has a license plate number, the last digit of which is an even number or if there are only letters on the license plate, the last letter of which is a letter in the first half of the alphabet (A -M) . (b) It is a defense to prosecution under Subsection (a) that: (1) the day on which the conduct occurred was the thirty -first day of a month; (2) the day on which the conduct occurred was a federal holiday; (3) the motor vehicle was a public transportation vehicle regularly used to transport passengers including, but not limited Ito busses, taxicabs, and vehicles rented for less than 30 days; (4) the motor vehicle had a valid out -of -state license plate affixed to it; (5) the motor vehicle was a vehicle used for commercial purposes as determined by the provisions of Executive Order WPC -7A as promulgated by the Governor of the State of Texas, June 20, 1979; (6) the person was a handicapped person and had in his possession a state driver's license or license plate sticker that designated the person as handicapped; (7) the motor vehicle was an emergency vehicle as defined in Section 2(d), Article 7601d, Vernon's Texas Civil Statutes; -2- k (8) the motor vehicle was an emergency repair or service vehicle, either public or private, used for functions directly re- lated to the protection of life, property, or public health; (9) the person was operating the vehicle in an unusual emergency situation; (10) the motor vehicle was a motorcycle, moped, or similar two -wheel vehicle; or (11) the person was an individual or a member of a class that has been designated by the Governor of the State as eligible to purchase gasoline on any day in order to assure adequate supplies for such vehicles to protect the public health, safety, or welfare or to assure necessary governmental services. (c) For the purpose of this Ordinance an attempt to purchase gasoline fuel includes, but is not limited to waiting with a motor vehicle in a line formed for the purpose of purchasing gasoline fuel. SECTION 2. MISREPRESENTATION OF DEFENSES. A person commits an offense if he purchases or attempts to purchase gasoline fuel by representing to an officer or a retail gasoline dealer that he is entitled to any one or more of the defenses listed in Section 1(b) when in fact he is not so entitled. SECTION 3. MISREPRESENTATION OF LICENSE PLATE NUMBER OF MOTOR VEHICLE_ A person commits an offense if he purchases or attempts to purchase gasoline fuel by presenting to a retail gasoline dealer a motor vehicle with a license plate that is not the license plate issued to that motor vehicle by appropriate state authority. SECTION 4. FUEL PURCHASE LIMITATIONS. (a) A person commits an offense if he purchases or attempts to purchase a quantity of gasoline fuel for a motor vehicle greater than 20 gallons in any single transaction. (b) A person commits an offense if he purchases or attempts to purchase for placement in separate containers, a quantity of gasoline fuel greater than two gallons in any single transaction. SECTION 5. PROHIBITING TAKING WRONGFUL PLACE IN LINE. (a) When a line of waiting motor vehicles is formed for the -3- purpose of purchasing gasoline fuel, a person commits an offense if he places his motor vehicle in line ahead of any attended motor vehicle that was waiting in the line at the time of his arrival. (b) It is a defense to prosecution under Subsection (a) that the person mistakenly placed his motor vehicle ahead of another in a gasoline fuel purchase line and upon being advised of his mistake immediately moved his motor vehicle out of the line or to the end of the line. SECTION 6. OBSTRUCTION OF INTERSECTIONS AND DRIVEWAYS. A person commits an offense if as operator of a motor vehicle waiting in a line formed for the purpose of purchasing gasoline fuel, he: (1) obstructs the passage of other vehicles or pedes- trians in an intersection or crosswalk; or (2) obstructs the passage of vehicles into or out of a business or residential driveway. SECTION 7. DISPLAY OF COLORED FLAGS. A person commits an offense if he is a gasoline retailer or is employed by a gasoline retailer and engages in any facet of the operation of the gasoline retailer on the premises where the gasoline is dispensed (a) unless there is displayed a flag of at least eighteen inches square easily visible from off the premises of such gasoline retailer of one of the following colors dependent on which situation then applies to the dispensing of gasoline from the premises of such gasoline retailer: (1) Green flag -- gasoline available for the general public (on appropriate days from appropriate license plates); (2) Yellow flag -- gasoline available for emergency vehicles only and automobile servicing available to the general public; (3) Red flag - -out of gasoline and /or closed. (b) if the gasoline retailer is not dispensing all grades of gasoline (premium, regular and unleaded), unless a sign prominently posted clearly indicates the grade or grades of gasoline not being dispensed while another grade or grades are being dispensed. (c) unless the gasoline retailer displays a sign prominently posted which learly indicates the anticipated days and hours of operation for the dispensing of gasoline. -4- SECTION 8. ZERO AS EVEN NUMBER. For the purpose of this ordinance a license plate ending in the digit zero is considered to have a number ending in an even number. SECTION 9. CULPABILITY NOT REQUIRED. A culpable mental state is not required for the commission of an offense under this Ordinance. SECTION 10. PENALTY. That a person violating a provision of this Ordinance, upon conviction, is punishable by a fine of not more than $200. SECTION 11. SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any, phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitu- tional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 12. EMERGENCY CLAUSE. By the affirmative vote of four or more of its members, The City Council declares that this is an Ordinance for the immediate preservation of the public peace, property, health, and safety, and is an emergency measure within the meaning of Article II, Section 11 of the City Charter; and the requirement that it be read at two meetings, as specified in such Section 11, is hereby dispensed with. SECTION 13. EFFECTIVE DATE AND EXPIRATION DATE. This ordinance shall become effective immediately from and after its passage and publication in accordance with the Charter of the City and shall remain in effect until midnight on September 30, 1979, at which time it shall terminate and become null and void unless extended or terminated by further City Council action, and it is accordingly so ordained. PRESENTED AND PASSED on first and final reading on the 10th day of July, 1979, at a regular meeting of the City Council of the -5- City of Euless, Texas by a vote of 5 ayes and 0 nays and 0 abstentions. ATTEST: Della Houy, City SecreI ry APP OVED: M. Robert McFarland, , City Attorney APPROVED: Harold Samuels, Mayor Q.fl