Port Hueneme Municipal Code Ch. 2A Prices of Emergency Items and Services

This Chapter and its sections apply to the regulation of prices of emergency items and services during an emergency or disaster for which a proclamation of a local emergency has been issued for the County of Ventura, by the Board of Supervisors or the Sheriff, as the Director of Disaster Services, pursuant to Government Code Section 8630 or Ventura County Ordinance Code Sections 5323-1.1 or in accordance with Section 3105 of this Code.

(a) Findings. As a result of local emergencies, consumers have sought to purchase emergency items and services necessary for their health, safety and welfare. In such local emergencies, there have been reports of excessive price increases for emergency items or services, in relation to their price that existed before the local emergency, even accounting for price increases incurred by the provided of the emergency items or services.

(b) Legislative Intent. It is the intention of the City Council, in adopting this Chapter, to protect consumers from excessive and unjustified increases in the prices of emergency items and services necessary for their health, safety and welfare during an emergency or disaster for which a proclamation of a local emergency has been issued.

(c) Excessive Price Increases Prohibited. Upon the proclamation of a local emergency, it shall be unlawful for any person, including a natural person, a contractor, a business or other entity, to sell or offer to sell any emergency items or services for a price which exceeds ten (10) percent of the price charged by such person for said emergency items or services immediately prior to the proclamation of the local emergency, unless said person can prove that the excess was directly attributable to additional costs imposed by the supplier of the emergency items or resulting from the labor and/or materials used to provide the emergency service.

(1) The applicability of this subsection can be expressly reduced or eliminated by providing within the proclamation of the local emergency.

(2) The applicability of this subsection terminates upon the termination of the local emergency, unless terminated earlier by the City Council.

(d) Definitions. For purposes of this Chapter, the following definitions shall apply:

(1) "Emergency items" include, but are not limited to: food, drink, confection or condiment for man or animal; water, flashlights, radios, batteries, candles, blankets, soaps, and diapers; and prescription and nonprescription drugs, bandages, gauze and isopropyl alcohol.

(2) "Emergency services" include, but are not limited to: contractor services for repairs to residential and commercial property of any type which are damaged. Incorporated herein are the definitions contained in Sections 7025, 7026, 7026.1 and 7026.3 of the California Business and Professions Code.

(e) Hearing. If there is reasonable cause to believe that a person has violated the provisions of this section, the District Attorney or the City Attorney shall, 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 District Attorney or the City Attorney may, in his discretion, file a criminal complaint. The District Attorney or City Attorney may, for good cause, dispense with the requirement of conducting a hearing prior to the filing of a criminal complaint.

(f) 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 less than one thousand dollars ($1,000.00) or by imprisonment in the county jail for not more than six (6) months, or by both such fine and imprisonment. Any person believing that a violation of said ordinance has been committed may file a complaint with the District Attorney or the City Attorney.

(2) The District Attorney or City Attorney or any affected 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, restrictions to aggrieved consumers may be ordered.

(Ord. 596 § 2, 1994)