(a) 
The Council finds that from time to time there exists in the State of Hawai'i and in the County of Kaua'i a critical shortage of gasoline.
(b) 
The County of Kaua'i is authorized by Sec. 125C-11, Hawai'i Revised Statutes, to provide by ordinance that the County is exempt from all or portions of a State plan providing for procurement, control, distribution and sale of petroleum products and that the County may operate a petroleum product distribution plan tailored to its own specific needs. This Article is enacted pursuant to the authorization of and in compliance with the provisions of Section 125C-11, Hawai'i Revised Statutes.
(Ord. No. 368, July 5, 1979)
The Mayor is hereby empowered to take such measures as he or she deems appropriate to assess the quantity of gasoline currently available and projected as available in the future in relation to the quantity required to carry on the normal activities of the community, and shall establish and execute a plan for the orderly and equitable distribution of gasoline. The plan shall include provisions for priority needs, the hours of gasoline distribution, the quantity to be sold to each consumer on a daily, weekly or other periodic basis, and a method of equalizing the number of vehicles serviced in any single day. The plan shall provide for the relief of hardship situations including consumers needing gasoline for off-road vehicles, boats or stationary equipment. The plan may be in the form of rationing. To the extent permitted by law, the plan may regulate the distribution at all levels, including suppliers, dealers and consumers.
(Ord. No. 368, July 5, 1979)
The Mayor shall seek the advice and counsel of gasoline suppliers, dealers, contractors, farmers, businessmen and consumers in determining the existence of a critical situation and in formulating his or her plan. The details of his or her plan shall be brought to the public attention promptly.
(Ord. No. 368, July 5, 1979)
The plan established and promulgated by the Mayor including any amendments thereto shall be the official gasoline distribution plan for the County of Kaua'i. The plan shall be promulgated by public notice through publication and radio broadcasts. Upon promulgation the plan and any rules and regulations relating thereto drafted by the Mayor shall have the force and effect of law as though enacted by the usual ordinance of the Council of the County of Kaua'i.
(Ord. No. 368, July 5, 1979)
Any person convicted of any violation of the County of Kaua'i Gasoline Distribution Plan, and any rules and regulations pertaining thereto, as established by the Mayor, shall be fined not more than five hundred dollars ($500.00) for each violation. The plan and the rules and regulations may also be enforced by injunction proceedings pursuant to law applicable to civil proceedings. No preliminary injunction or restraining order shall be sought for the enforcement of the plan or any rule or regulation pertaining thereto.
(Ord. No. 368, July 5, 1979)
The Mayor may expend any funds in the contingent fund and an additional sum not to exceed five hundred dollars ($500.00) without further action by the Council to establish and promulgate the County of Kaua'i Gasoline Distribution Plan.
(Ord. No. 368, July 5, 1979)
The Mayor or his or her authorized representative, upon changing circumstances regarding the gasoline allocation available, may alter the plan of distribution and the quantity allowed each consumer calculated on the total amount of gasoline available and varying amounts required by each class of consumers.
(Ord. No. 368, July 5, 1979)