Burbank Municipal Code Art. 3 Crimes During Emergency

It shall be unlawful for any person during a disaster or emergency:

A. Wilfully to obstruct, hinder or delay any member of the City’s civil defense and disaster organization in the enforcement of any lawful rule or regulation issued pursuant to Article 1 of this chapter, or in the performance of any duty imposed upon them by virtue of said article;

B. To do any act forbidden by any lawful rule or regulation issued pursuant to Article 1 of this chapter; or

C. To wear, carry or display, without authority, any means of identification specified by the civil defense and disaster agency of the State or the Burbank Disaster Council. [Formerly numbered Section 10-15; Amended by Ord. No. 3311, eff 10/10/92; 3058, 2373, 2186.]

No person not an employee of the City shall wear or have in their possession any identification card or tag issued under the provisions of Article 2 of this chapter. [Formerly numbered Section 10-16; renumbered by Ord. No. 3058, eff. 2/21/87; 2373, 2186.]

A. Legislative Intent: It is the intention of the City Council in adopting this ordinance to protect citizens from excessive and unjustified increases in the prices charged during any abnormal disruption of 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 City of Burbank is proclaimed by the Mayor pursuant to this Chapter of the Burbank Municipal Code or for which a local disaster or emergency is declared by the President of the United States or the Governor of California.

B. Excessive Price Increases Prohibited: Upon proclamation of public emergency involving or threatening the lives, property or welfare of the citizens, pursuant to this Chapter of the Burbank 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 (30) days from the date such declaration is terminated, it shall be unlawful for any person, contractor, business or other entity to sell or offer to sell any consumer food items, repair or reconstruction services, emergency or medical supplies or gasoline for an amount

which exceeds ten percent (10%) 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.

C. Definitions: For purposes of this section, the following definitions shall apply:

CONSUMER FOOD ITEM: Any article which is used or intended for use for food, drink, confection or condiment by human or other animal.

EMERGENCY SUPPLIES: Includes, but is not limited to, water, flashlights, radios, batteries, candles, blankets, soaps, and diapers.

MEDICAL SUPPLIES: Includes, but is not limited to, prescription and nonprescription drugs, bandages, gauzes, and isopropyl alcohol.

REPAIR OR RECONSTRUCTION SERVICES: Those contractor services for repairs to residential and commercial property of any type which are damaged as a result of a disaster.

D. Hearing: If there is reasonable cause to believe that a person has violated the provisions of this section, the City Attorney may, prior to the filing of a criminal complaint, conduct a hearing upon due notice and an opportunity to be heard. At the conclusion of such hearing, the City Attorney may, for good cause, disperse with the requirement of conducting a hearing prior to the filing of a criminal complaint.

E. Penalty:

1. Any person who shall be convicted of violating the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the County or City Jail for not more than six (6) months, or by both such fine and imprisonment. Any person believing that a violation of said section has been committed may file a complaint with the City Attorney.

2. The City Attorney or any citizen may prosecute a civil action under applicable state law to enforce this section and in any action a civil penalty may be imposed as provided by law and where appropriate, restitution to aggrieved consumers ordered. [Added by Ord. No. 3327, eff. 2/13/93.]

1 State law reference: As to liability of disaster service worker and owner of premises used as shelter, see C.C. § 1714.5.

Ordinance reference: See Section 4 of Ordinance 2186 for continuity of existing disaster plans, agreements, etc.