Loading...
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: 6 SECTION 1. Section 2.46. 120 is hereby added to the San 7 Bernardino Municipal Code to read as follows: 8 "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: 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 28 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 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 regular meeting thereof, held on the 21st 6 day of March 1994, by the following vote, to wit: 7 Council Members: AYES NAYS ABSTAIN ABSENT 8 NEGRETE X 9 CURLIN X 10 HERNANDEZ X 11 OBERHELMAN X 12 DEVLIN X 13 POPE-LUDLAM X 14 MILLER X 15 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 25 26 By: 27 28 OCR/j. [Emergency. Ord] 3 February 11, 1994