HomeMy WebLinkAbout23- City Attorney CITY OF SAN BERN MINO - REQUEST Fr..J; COUNCIL ACTION
James F. Penman, City Attorney Ordinance Adding Section
Frotn: Subject: 2.46.120 to the S.B.M.C.
City Attorney Prohibiting Excessive Price
Dept: February 17, 1994 Increases During Emergencies
Date:
Synopsis of Previous Council action:
None.
Recommended motion:
Waive further reading and lay over for final adoption.
Signature
Contact person: Diane C. Roth Phone: 5255
Supporting data attached: Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
75.0262 Agenda Item No. a3a
CITY OF SAN BERNA 'DINO - REQUEST Ft I COUNCIL ACTION
STAFF REPORT
In the aftermath of recent earthquakes and civil disturbances in
Southern California, many residents seeking to purchase emergency
supplies and repair their homes and businesses have reported price-
gouging. For example, there were reports of merchants selling
water for $5.00 per gallon and diapers for $10.00 per box.
Although some price increases are justified when a merchant or
contractor incurs higher prices, oftentimes they are the result of
opportunism.
This ordinance would protect residents and businesses in San
Bernardino from such price-gouging and opportunism when a state of
emergency is declared by the Mayor, the Governor or the President,
and for 30 days thereafter.
'5-0264
1 ORDINANCE NO.
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:
6
SECTION 1. Section 2.46. 120 is hereby added to the San
7
Bernardino Municipal Code to read as follows:
8
112.46.120 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
j 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:
9
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.
25
26
27
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DCR/js [Emergency. Ord] 2 February 11, 1994
• 1 AN ORDINANCE. . .ADDING SECTION 2.46.120 TO THE SAN BERNARDINO
MUNICIPAL CODE PROHIBITING EXCESSIVE PRICE INCREASES DURING STATE
2 OF EMERGENCY
3
4 I HEREBY CERTIFY that the foregoing Ordinance was duly
5 adopted by the Mayor and Common Council of the City of San
Bernardino at a meeting thereof, held on the
6
day of 1994, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
8
NEGRETE
9
CURLIN
10
HERNANDEZ
11
OBERHELMAN
12
DEVLIN
13
POPE-LUDLAM
14
MILLER
15
16
17 City Clerk
18 The foregoing Ordinance is hereby approved this day
19 of 1994.
20
21 Tom Minor, Mayor
City of San Bernardino
22 Approved as to form
23 and legal content:
24 JAMES F. PENMAN,
City Attorney
25 ^
26 By:
27
28
DCR/js [Emergency. Ord] 3 February 11, 1994
CITY OF SAN BERN. ADINO - REQUEST V R COUNCIL ACTION
James F. Penman, City Attorney An Ordinance of the City of
Froth: SubjectSan Bernardino Amending Section
City Attorney 2 .46. 100 of the San Bernardino
Dept : Municipal Code Relating to
February 17, 1994 Punishment Violations During
Date: An Emergency
Synopsis of Previous Council action:
None.
Recommended motion:
Waive further reading and lay over for final adoption.
Signature
Contact person: Diane e. Phone:
Supporting data attached: Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
75-026z Agenda Item No. a3
CITY OF SAN BERN. ADINO - REQUEST FL -1 COUNCIL ACTION
STAFF REPORT
This amendment to San Bernardino Municipal Code Section 2 . 46 . 100
broadens the acts which may be prosecuted under the chapter to
include the proposed anti-price gouging ordinance, and raises the
maximum penalty from $500 to $1, 000, to bring it into conformity
with the general penalty provided for in S .B.M.C. Section 1 . 12 . 010,
as follows :
"It shall be a misdemeanor, punishable by a
fine ef net—fie epeeeed—€ive hundred dellars,1.tt} ex end €3ne thc�uss i do3 8r5:r. or by
.. ..:.::::.;:. .:.:. ..:: .......
.
imprisonment for not to exceed six months, or
both, for any person, during an emergency, to:
A. Willfully obstruct, hinder, or delay any
member of the emergency organization in the
enforcement of any lawful rule or regulation
issued pursuant to this chapter, or in the
performance of any duty imposed upon him by
virtue of this chapter;
B. Do any act forbidden under this chapter
by any lawful rule or regulation issued
pursuant to this chapter; uxdi;:; , :;<
b
X.
y any lawful rule er eg
C. Willfully do any act during an emergency
which is of such a nature as to give or be
likely to give assistance to the enemy or to
imperil the lives or property of inhabitants
of this City, or to prevent, hinder, or delay
the defense or protection thereof;
D. Wear, carry or display, without
authority, any means of identification
specified by the emergency agency of the
State. "
75-0264
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
2.46. 100 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
3 PUNISHMENT FOR VIOLATIONS OF RULES OR REGULATIONS ISSUED DURING AN
EMERGENCY
4
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
5 DO ORDAIN AS FOLLOWS:
6 SECTION 1. Section 2.46. 100 of the San Bernardino Municipal
7 Code is hereby amended to read as follows:
8 "It shall be a misdemeanor, punishable by a
fine not to exceed one thousand dollars, or
9 by imprisonment for not to exceed six
months, or both, for any person, during an
10 emergency, to:
11 A. Willfully obstruct, hinder, or delay
any member of the emergency organization in
12 the enforcement of any lawful rule or
regulation issued pursuant to this chapter,
13 or in the performance of any duty imposed
upon him by virtue of this Chapter;
14 B. Do any act forbidden under this
15 Chapter or by any lawful rule or regulation
issued pursuant to this Chapter;
16 C. Willfully do any act during an
17 emergency which is of such a nature as to
give or be likely to give assistance to the
18 enemy or to imperil the lives or property
of inhabitants of this City, or to prevent,
19 hinder, or delay the defense or protection
thereof;
20 D. Wear, carry or display, without
21 authority, any means of identification
specified by the emergency agency of the
22 State. "
23
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DCR:ja [Violations.Ord] —1—
1 AN ORDINANCE. . .AMENDING SECTION 2.46.100 OF THE SAN
BERNARDINO MUNICIPAL CODE RELATING TO PUNISHMENT FOR VIOLATIONS OF
2 RULES OR REGULATIONS ISSUED DURING AN EMERGENCY
3 I HEREBY CERTIFY that the foregoing ordinance was duly
4 adopted by the Mayor and Common Council of the City of San
5 Bernardino at a meeting thereof, held on the
6 day of 1994, by the following vote, to wit:
7 Council Members: AYES NAYS ABSTAIN ABSENT
8 NEGRETE
9 CURLIN
10 HERNANDEZ
11 OBERHELMAN
12 DEVLIN
13 POPE-LUDLAM
14 MILLER
15
16
City Clerk
17
18 The foregoing ordinance is hereby approved this day
of 1994.
19
20 W. R. Holcomb, Mayor
City of San Bernardino
21 Approved as to form
22 and legal content:
23 JAMES F. PENMAN,
City Attorney
24 / l
r
25 By:
26
27
28
DCR:js [Violations.Ord] —2—