(a) Government Code section 8630 provides that a local governing body or local official designated by ordinance may proclaim a local emergency whenever the governing body or designated official determines that a condition of disaster or of extreme peril to the safety of persons and property within the jurisdiction exists which is likely to be beyond the control of the services, personnel, equipment and facilities of the jurisdiction and require the forces of other political subdivisions to combat. This chapter establishes procedures that shall go into effect if there is a gasoline shortage emergency proclaimed by the Board of Supervisors or a designated County official.
(b) If the Board is not in session when a condition exists that constitutes a local emergency due to a gasoline shortage section 31.103(a) shall apply. Whenever the Director proclaims a local emergency under this chapter it shall remain in effect for no more than seven days unless the Board ratifies the Director's proclamation and extends the proclamation of the local emergency.
(c) Whenever a local emergency due to gasoline shortage is proclaimed, the Board shall review the need for continuing the proclaimed emergency at its regularly scheduled meetings until the emergency is terminated, but no less frequently than 21 days after its previous review. If, however, the emergency is proclaimed during a period of time when the Board is meeting weekly, the Board shall review the need for continuing the emergency at least every 14 days.
(Amended by Ord. No. 9970 (N.S.), effective 3-12-09; amended by Ord. No. 10313 (N.S.), effective 2-6-14)
The following definitions shall apply to this chapter:
(a) "Local emergency" has the same definition as provided in Government Code section 8558(c).
(b) "Retail" means selling small quantities of a product directly to the ultimate consumer.
(c) "Retailer" means a person who sells at retail and includes an employee or contractor of the owner, operator, franchisee or lessee of a retail business.
(d) "Sell" means to deliver, offer to deliver, trade, offer to trade, transfer or offer to transfer, with or without payment.
(Added by Ord. No. 9970 (N.S.), effective 3-12-09)
During a local emergency caused by a gasoline shortage the Board may promulgate orders and regulations it determines are necessary to protect life and property. Whenever the Board issues an order or regulation or rescinds an order or regulation under this chapter the order or regulation shall be in writing and shall be publicized in a manner designed to give notice to as many persons as possible.
(Amended by Ord. No. 9970 (N.S.), effective 3-12-09)
If the Board or CAO proclaims a local emergency caused by a gasoline shortage pursuant to this chapter the following regulations shall immediately take effect in the unincorporated area of the County and it shall be unlawful for any person to violate any of these regulations:
(a) Except as provided in this section, no retailer shall sell gasoline to a person and no person shall obtain gasoline at a retail facility that is dispensed into a vehicle with a license plate whose last or only digit is an odd number (1, 3, 5, 7 and 9) on odd numbered days of the month, such as the first, third, fifth, seventh and so on. An environmental license plate that contains letters only shall be equivalent to the digit 1. The following are examples of a license plate whose last digit is an odd number:
SAM 123
123 SAM
MARTHA
KAM 2345
12345J
J12345
(b) Except as provided in this section, no retailer shall sell gasoline to a person and no person shall obtain gasoline at a retail facility that is dispensed into a vehicle with a license plate whose last or only digit is an even number (0, 2, 4, 6 and 8) on even numbered days of the month, such as the second, fourth, sixth, eighth, tenth and so on. A vehicle without a permanent registration, such as a newly purchased vehicle, shall be considered to have a license whose last digit is an even number. The following are examples of license plates whose last digit is an even number:
SAM 132
132 SAM
DAVE 2
2 MARY
KMA 3456
01234J
J01234
W6ABC
(c) For any calendar month in which there are 31 days, a sale or purchase may be made on the thirty-first day of the month without regard to the last digit on the license plate of the vehicle.
(d) Except as provided in this section, no retailer shall sell gasoline to a person and no person may obtain gasoline at a retail facility to be dispensed into any vehicle that has more than one-half tankful of gasoline. When requested by the gasoline retailer the customer shall allow inspection of the fuel gauge with the ignition key in the "on" position.
(e) Except as provided in this section, no gasoline retailer shall sell and no person shall obtain from a gasoline retail facility, more than 20 gallons of gasoline in a single transaction, to be dispensed into a vehicle. No gasoline retailer shall impose any other maximum limit on the purchase of gasoline unless authorized by these regulations. This subsection shall not apply to the sale of gasoline to a person with a truck that (1) has a California Public Utilities Commission permit or certificate, (2) is hauling agricultural products or (3) the gasoline retailer determines in good faith is legally hauling products for a commercial purpose.
(f) No gasoline retailer shall refuse to sell gasoline to any person on an appropriate odd or even day, except to refuse to sell gasoline to a person with a vehicle with more than one-half of a tankful of gasoline. Except as provided in subsections (m) and (n) a retailer shall not sell gasoline on a preferential basis, such as an appointment system.
(g) A gasoline retailer shall post legible signs visible from off the premises of the facility that show the anticipated days and hours when gasoline will be sold.
(h) A gasoline retailer shall remain open to sell gasoline the same hours and days that the gasoline retailer previously was open to sell gasoline prior to the date the County declared the emergency, provided that the retailer is not out of gasoline supplies.
(i) A gasoline retailer shall prominently display a complete copy of these regulations in a location accessible to customers or prospective customers. A gasoline retailer shall also post a sign that is visible and legible from all pumps at the facility that states, "It is unlawful during the gasoline shortage emergency for any person to dispense gasoline into a vehicle that has more than one-half tankful of gasoline or to obtain more than 20 gallons of gasoline in any single transaction unless exempt from these limitations as provided by County regulations."
(j) A gasoline retailer shall manage its monthly fuel allocation so that the gasoline supplies will last through the month and at least one-sixth of its weekly supply is available for sale on weekends.
(k) A gasoline retailer shall indicate its gasoline supply by a flag of at least 18 inches square readily visible from off the premises using the following system:
(1) Green flag, to signify gasoline is available for the general public on appropriate odd and even numbered days for appropriate license plates. If the gasoline retailer only has some grades of gasoline available, the flag shall be accompanied by a legible sign visible from off the premises indicating what grades are not available.
(2) Yellow flag, to signify gasoline is only available for emergency vehicles.
(3) Red flag, to signify that gasoline is not available for sale or the facility is closed.
(l) Subsections (a) and (b) above shall not apply to the following vehicles:
(1) A bus, taxi or other public transportation vehicle regularly used to transport passengers for a fee or to a rental vehicle rented for less than 30 days.
(2) A vehicle with a commercial vehicle registration issued by the State of California.
(3) A U.S. Postal Service vehicle.
(4) A vehicle operated by a handicapped person operating a vehicle with any of the following license plate letters:
CP 00000--99999
DV 00000--99999
(5) A vehicle displaying a disabled person placard issued by the California Department of Motor Vehicles showing an expiration date at the bottom of placard and accompanied by an occupant I.D. card issued in conjunction with the placard.
(6) A vehicle with an out-of-state license plate.
(m) The regulations in this chapter shall not apply to the following vehicles:
(1) An authorized emergency vehicle as defined in Vehicle Code section 165.
(2) A motorcycle, scooter, moped or other similar two-wheel vehicle.
(n) No gasoline retailer shall sell and no person may obtain more than one gallon of gasoline from a retail facility to be dispensed into a separate container.
(o) The Board may amend these regulations by urgency ordinance during the time the local emergency is in effect. Any amendment shall take effect immediately after adoption.
(p) Subsections (i) and (k) above shall not take effect until three days after the Board or CAO proclaims the local emergency.
(q) The regulations in subsections (a), (b) and (e) above shall not apply to a gasoline retailer or a person obtaining gasoline from a gasoline retailer that operates a full service car wash regulated by Business and Professions Code section 13411 (section 13411), provided that a transaction involving gasoline also involves the purchase of car wash services that meet all the conditions of section 13411(b).
(r) If a gasoline retailer orders gasoline in accordance with its monthly allocation and the gasoline retailer's supplier cannot deliver the retailer's monthly allocation of gasoline within forty-eight hours after the order was placed, the supplier shall immediately notify the retailer. The notice shall include a firm delivery date and time for the gasoline and shall provide the reasons for the delay.
(Amended by Ord. No. 7309 (N.S.), effective 7-2-87; amended by Ord. No. 9970 (N.S.), effective 3-12-09)
State law reference(s)--Emergency vehicles defined, Vehicle Code § 165.
During the gasoline shortage emergency, the CAO may issue an emergency order necessary to protect life and property that interprets, clarifies, supplements or supplants the regulations in section 31.404. An emergency order the CAO issues pursuant to this section, which constitutes a change (i.e., any added, deleted or revised text) to any regulation in section 31.404, shall be presented as a proposed ordinance amendment to the Board within 30 days at a regularly noticed public hearing for the Board to consider for adoption.
(Added by Ord. No. 9970 (N.S.), effective 3-12-09)
The CAO may negotiate and enter into agreements with officials of other public entities within San Diego County to cooperate in enforcing regulations that apply in the unincorporated area of the County or within an incorporated city in San Diego County. An agreement negotiated under this section may provide for:
(a) Sharing County resources with an incorporated city in San Diego County.
(b) A County employee to work within an incorporated city or an employee of an incorporated city to work in the unincorporated area of the County, when necessary to enforce this chapter or a comparable city law or regulation.
(Added by Ord. No. 9970 (N.S.), effective 3-12-09)