Chapter 2.29 — EMERGENCY PRICE CONTROLS

The purpose of this chapter is to protect the health, safety and welfare of the citizens of San Marcos during declared emergencies by providing temporary controls on the price for which certain supplies, goods and services may be sold.

When used in this chapter the following terms shall have the meaning set forth in this section unless from the context in which the term is used it is evident that a different meaning is intended:

(1)

Food item is any article which is used or intended for use for food, drink confection or condiment by humans or by domestic animals.

(2)

Repair or reconstruction services are services provided in connection with the repair or reconstruction of commercial or residential structures or property of any type which are damaged as a result of a disaster including contractor services as defined by California Business and Professions Code Sections 7025, 7026, 7026.1 and 7026.3.

(3)

Emergency supplies are any goods, materials or supplies necessary or convenient to allow humans to respond to an emergency and to sustain life activities and maintain sanitation, including, without limitation, water, flashlights, radios, batteries, candles, blankets, soaps, diapers, toilet paper, construction materials, tools, cooking and food preparation supplies or equipment, camping gear, motor oil and gasoline.

(4)

Medical supplies includes, without limitation, prescription and non-prescription drugs, bandages, gauze, splints, first aid supplies, ointments, eye care products, spectacles, isopropyl alcohol and disinfectants.

This chapter shall apply upon the proclamation of a public emergency within the City by the Mayor, the City Council or other authorized public officer of the City pursuant to the provisions of Chapter 2.28 of this Code or State statute, or upon the declaration of a local disaster or emergency by the President of the United States or the Governor of California, and shall continue to apply during the duration of the disaster or emergency and for a period of 30 days from the date the state of emergency or disaster is terminated.

During any time when the provisions of this chapter apply, it is unlawful for any person, contractor, business, or other entity to sell or lease or offer to sell or lease any food item, repair or reconstruction service, emergency supply or medical supply for a price which is greater than ten percent above the price charged by such person, contractor, business or other entity for such food item, repair or reconstruction service, emergency supply or medical supply during the five days before the date of proclamation or declaration of emergency, unless the person, business, contractor or other entity can establish that the price increase was directly attributable to additional costs imposed on it with respect to the goods or services.

During any time when the provisions of this chapter apply, it is unlawful for any person, business or other entity to charge rent for the use or occupancy of a dwelling unit in an amount greater than ten percent above the rent charged by such person, business or other entity for the use or occupancy of the dwelling unit during the five days before the date of proclamation or declaration of emergency. This section shall not apply to rent increases resulting from the operation of a lease or rental agreement entered into before the date of the proclamation or declaration of emergency.

The violation of this chapter is a misdemeanor punishable pursuant to Chapter 1.12 of the San Marcos Municipal Code. In addition, to the penalties established pursuant to Chapter 1.12, restitution to an aggrieved consumer may be ordered.

(Ord. No. 92-942, 12-8-92)