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.
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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,
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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)
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