HomeMy WebLinkAboutMC-897 Effective: March 21, 1994
1 ORDINANCE NO. MC-897
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION
2.46.120 TO THE SAN BERNARDINO MUNICIPAL CODE PROHIBITING
3 EXCESSIVE PRICE INCREASES DURING STATE OF EMERGENCY
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
5 DO ORDAIN AS FOLLOWS:
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SECTION 1. Section 2.46. 120 is hereby added to the San
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Bernardino Municipal Code to read as follows:
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"2.46.120 Excessive Price Increases During State of
9 Emergency
10 A. Findings. As a result of recent earthquakes and
civil disturbances, Southern California communities
11 have found that residents have sought to purchase
emergency supplies, food and other consumer goods
12 necessary for their health and safety; and although no
general shortage of consumer goods has been evident,
13 numerous residents have reported cases of excessive
price increases for consumer items such as gasoline
14 and food items many times above the prices in effect
on or before the emergency. Though price increases
15 may be necessary where a merchant has incurred higher
expenses, the reported price increases clearly
16 exceeded those that would have been reasonable and
just to recapture any increased operational expenses.
17 B. Legislative Intent. It is the intention of the
18 Mayor and Common Council in adopting this ordinance to
protect citizens from excessive and unjustified
19 increases in the prices charged during any abnormal
disruption of the marketplace for consumer goods and
20 services vital and necessary for the health, safety
and welfare of consumers resulting from emergency or
21 major disaster for which a state of emergency for the
City of San Bernardino is proclaimed by the Mayor
22 pursuant to Section 2.46.060 of the San Bernardino
Municipal Code or for which a local disaster or
23 emergency is declared by the President of the United
States or the Governor of California.
24 C. Excessive Price Increases Prohibited. Upon
25 proclamation of public emergency involving or
threatening the lives, property or welfare of the
26 citizens, pursuant to Section 2.46.060 of the San
Bernardino Municipal Code or for which a local
27 disaster or emergency is declared by the President of
the United States or Governor of California and for a
28 period of thirty days from the date such declaration
DCR/js [Emergency. Ord] 1 February 11, 1994
MC-897,
1 is terminated, it shall be unlawful for any person,
contractor, business or other entity to sell or offer
2 to sell any consumer food items, repair or
reconstruction services, emergency or medical supplies
3 or gasoline for an amount which exceeds ten percent of
the price charged by such person, contractor, business
4 or other entity for said goods or services immediately
prior to the proclamation of emergency, unless said
5 person, business, contractor or other entity can prove
that an increase in price was directly attributable to
6 additional costs imposed on it by the supplier of the
goods or for labor and materials used to provide the
7 service.
8 D. Definitions. For purposes of this section, the
following definitions shall apply:
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1. A consumer food item is any article which is
10 used or intended for use for food, drink, confection
or condiment by humans or animals.
11 2. Repair or reconstruction service are those
12 contractor services for repairs to residential and
commercial property of any type which are damaged as
13 a result of a disaster. Contractor services are
services as defined by sections 7025, 7026, 7026. 1 and
14 7026.3 of the California Business and Professions
Code.
15 3. Emergency supplies shall include but are not
16 limited to water, flashlights, radios, batteries,
candles, blankets, soaps, diapers, feminine hygiene
17 products, charcoal briquettes and chlorine bleach.
18 4. Medical supplies shall include but are not
limited to prescription and non-prescription drugs,
19 bandages, gauzes, and isopropyl alcohol.
20 E. Violation.
21 1. Any person who shall be convicted of
violating the provisions of this section shall be
22 guilty of a misdemeanor.
23 2. Any person believing that a violation of said
section has been committed may file a complaint with
24 the City Attorney.
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DCR/,is [Emergency. Ord] 2 February 11, 1994
MC-897.
1 AN ORDINANCE. . .ADDING SECTION 2.46.120 TO THE SAN BERNARDINO
MUNICIPAL CODE PROHIBITING EXCESSIVE PRICE INCREASES DURING STATE
2 OF EMERGENCY
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I HEREBY CERTIFY that the foregoing Ordinance was duly
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adopted by the Mayor and Common Council of the City of San
5
Bernardino at a regular meeting thereof, held on the 21st
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day of March 1994, by the following vote, to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT
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NEGRETE X
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CURLIN X
10 HERNANDEZ X
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OBERHELMAN X
12
DEVLIN X
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POPE-LUDLAM X
14 MILLER
X
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16 i
17 Gity�Clerk
18 The foregoing Ordinance is hereby a pproved this
o?�hGfl y
19 of March 1994.
21 To minor,nor, Mayor
City of San Bernardino
22 Approved as to f6tm
23 and legal content:
24 JAMES F. PENMAN,
City Attorney
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26 By:
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OCR/j. [Emergency. Ord] 3 February 11, 1994