HomeMy WebLinkAboutMC-897
Effective: ~ch 21, 1994
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ORDINANCE NO. MC-897
AN
2.46.120
EXCESSIVE
ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION
TO THE SAN BERNARDINO MUNICIPAL CODE PROHIBITING
PRICE INCREASES DURING STATE OF EMERGENCY
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1.
Section 2.46.120 is hereby added to the San
Bernardino Municipal Code to read as follows:
"2.46.120 Excessive Price Increases During State of
Emergency
A. Findings. As a result of recent earthquakes and
civil disturbances, Southern California communities
have found that residents have sought to purchase
emergency supplies, food and other consumer goods
necessary for their health and safety; and although no
general shortage of consumer goods has been evident,
numerous residents have reported cases of excessive
price increases for consumer items such as gasoline
and food items many times above the prices in effect
on or before the emergency. Though price increases
may be necessary where a merchant has incurred higher
expenses, the reported price increases clearly
exceeded those that would have been reasonable and
just to recapture any increased operational expenses.
B. Legislative Intent. It is the intention of the
Mayor and Common Council in adopting this ordinance to
protect citizens from excessive and unjustified
increases in the prices charged during any abnormal
disruption .~f the marketplace for consumer goods and
services vital and necessary for the health, safety
and welfare of consumers resulting from emergency or
major disaster for which a state of emergency for the
Ci ty of San Bernardino is proclaimed by the Mayor
pursuant to Section 2.46.060 of the San Bernardino
Municipal Code or for which a local disaster or
emergency is declared by the President of the United
States or the Governor of California.
C. Excessive Price Increases Prohibited. Upon
proclamation of public emergency involving or
threatening the lives, property or welfare of the
citizens, pursuant to Section 2.46.060 of the San
Bernardino Municipal Code or for which a local
disaster or emergency is declared by the President of
the United States or Governor of California and for a
period of thirty days from the date such declaration
DCR/js [Emergency. Ord]
1
February 11. 1994
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I I I
I I I
I I I
I I I
MC-897 .
is terminated, it shall be unlawful for any person,
contractor, business or other entity to sell or offer
to sell any consumer food i terns, repair or
reconstruction services, emergency or medical supplies
or gasoline for an amount which exceeds ten percent of
the price charged by such person, contractor, business
or other entity for said goods or services immediately
prior to the proclamation of emergency, unless said
person, business, contractor or other entity can prove
that an increase in price was directly attributable to
additional costs imposed on it by the supplier of the
goods or for labor and materials used to provide the
service.
D. Definitions. For purposes of this section, the
following definitions shall apply:
1. A consumer food item is any article which is
used or intended for use for food, drink, confection
or condiment by humans or animals.
2. Repair or reconstruction service are those
contractor "services for repairs to residential and
commercial property of any type which are damaged as
a result of a disaster. Contractor services are
services as defined by sections 7025, 7026, 7026.1 and
7026.3 of the California Business and Professions
Code.
3. Emergency
limi ted to. water,
candles, blankets,
products, charcoal
supplies shall include but are not
flashlights, radios, batteries,
soaps, diapers, feminine hygiene
briquettes and chlorine bleach.
4. Medical supplies shall include but are not
limited to prescription and non-prescription drugs,
bandages, gauzes, and isopropyl alcohol.
E. Violation.
l.
violating
guilty of
Any person who shall be convicted of
the provisions of this section shall be
a misdemeanor.
2. Any person believing that a violation of said
section has been committed may file a complaint with
the City Attorney.
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DCR/js [Emergency. Ord]
February 11, 1994
M~-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
adopted by the Mayor and Common Council of the City of San
Bernardino at a reQu1ar
meeting thereof, held on the 21st
day of March
, 1994, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
NEGRETE X
CURLIN X
HERNANDEZ X
OBERHELMAN X
DEVLIN X
POPE-LUDLAM X
MILLER X
/~ . . C' ,/
. ..J'\ <l~ I" '- c' i (( "TC
City ~rk
The foregoing Ordinance is hereby approved this ~;<~y
of March
, 1994.
~ ') <
~. ~~, fA. 4~
To Minor, Mayor ~
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
By. A'f. 71 to """_
./lVF"ri'",? - . -' ...........,
DCR/js [Emergency. Ord}
3
February 11. 1994