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HomeMy WebLinkAboutOrdinance 2005-232 ORDINANCE NO. 2005- 23 ~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, PROHIBITING PRICE- GOUGING DURING A DECLARED STATE OF EMERGENCY; PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR DEFINITIONS; PROVIDING FOR PENAL TIES; PROVIDING FOR REVOCATION OF OCCUPATIONAL LICENSE; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in the wake of a natural disaster, essentials such as food, ice, gas, and water may be in short supply; and WHEREAS charging exorbitant or excessive prices for certain commodities and other necessities following a disaster is not only unethical, but also illegal; and WHEREAS, Sections 501.160 and 501.205 Florida Statutes, prohibit price- gouging during a declared state of emergency; and WHEREAS, elderly residents of the City of Sunny Isles Beach are generally victimized by price-gouging tactics during a declared state of emergency; and WHEREAS, the City Commission wishes to protect the general welfare of its residents by adopting this Ordinance. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section I. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part by this ordinance upon hereof. Section 2. Purpose and Intent. The City Commission of the City of Sunny Isles Beach finds, determines, and declares that it is inconsiderable for businesses located in the City to charge residents exorbitant prices for certain commodities and necessities during declared state of emergencies. The City Commission deems it necessary to prohibit price-gouging during a declared state of emergency. This Ordinance shall be applicable through out the City of Sunny Isles Beach. Section 3. Definitions. The following words, terms and phrases, when used in this ordinance, shall have the meanings ascribed to them in this Section except where the contract clearly indicates a different meaning. Prohibiting Price-Gouging During State Of Emergency Page I of 3 a. Commodity means any goods, services, materials, merchandise, supplies, equipment, resources, or other article of commerce, and includes, without limitation, food, water, ice, chemicals, petroleum products and lumber necessary for consumption or use as a direct result of the emergency. b. Necessity means any materials and services related to, but not limited to, food, fuel, water, energy, medical treatment, construction, repair and transportation. c. Overcharging means charging prices for goods, materials, services, or housing which are substantially in excess of the customary charges, or in the applicable case, substantially in excess of the supplier's or provider's costs for such goods, materials, services or housing. The existence of overcharging shall be presumed from a substantial increase in the price at which the goods, materials, services, or housing where offered in the usual course of business immediately prior to the onset of the emergency, but shall not include increases in costs to the supplier directly attributable to higher costs of materials, supplies, and labor costs resulting from the emergency. d. Declared State of Emergency. means a temporary condition declared by the Governor, Mayor of Miami-Dade County, Board of County Commissioners, City Commission or City Manager, when, in the judgment of these officials, the threat or actual occurrence of a State or Local Disaster Emergency is of sufficient severity and magnitude as to warrant extraordinary efforts in preventing or alleviating the damage, loss, hardship or suffering threatened or caused thereby. Section 4. Prohibition on Price-Gouging. Upon declaration of a state of emergency by the Governor, Mayor of Miami-Dade County, Board of County Commissioners, City Commission of the City of Sunny Isles Beach, and/or City Manager of the City of Sunny Isles Beach, it is unlawful and a violation of this ordinance for a person or his or her agent or employee to overcharge for a commodity or necessity that is essential to sustain life, health, or safety of persons or their property, during a declared state of emergency. Section 5. Penalties. Violation of this part upon conviction shall be punishable by a fine not to exceed $1,000.00 per violation. Section 6. Revocation of Occupational License. Pursuant to Section 197-18 of the City Code, the City Manager or designee may revoke the occupational license issued by the City to any person or entity that is found to be in violation of this Ordinance, Section 501.160, Florida Statutes, and Section 8A-5 of the County Code of Miami-Dade County. Any person or entity whose license has been revoked as provided in this Ordinance, shall have the right to appeal the decision of the City Manager to the City Commission as provided by Section 197.18 (B) of the City Code. Section 7. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, Prohibiting Price-Gouging During State Of Emergency Page 2 of3 sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 8 . Inclusion in the Code. It is the intention of the Commission, and it is hereby ordained, that the provisions of this ordinance shall become an appendix to the City of Sunny Isles Beach Code; that the sections of this ordinance may be renumbered or relettered to accomplish such intentions; and that the word "ordinance" shall be changed to "section" or other appropriate word, as required. Section 9. Effective Date. This Ordinance shall be effective ten (10) days after adoption on second reading. PASSED and ADOPTED on first reading the ~ day of ,j ~, 2005. PASSED and ADOPTED on second reading the K day of s:+~ 2005. ~/ / 1{J)111tt1t/ rman S. Edelcup, Mayor " " ATTEST: "~A~ Jane.A. HInes, City Clerk APPROVED AS TO FORM AN E IENCY Moved by: Ct>~ Go~rn~u Seconded by: Conv\"v\.~C~ :LG'Ltr1M Vote: S-b Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Iglesias v(Y es) V(Y es) v(Y es) V (Yes) ~(Yes) _(No) _(No) (No) _(No) (No) Prohibiting Price-Gouging During State Of Emergency Page 3 of 3