ORDINANCE
NO. 768
AN
ORDINANCE OF THE COUNTY OF RIVERSIDE
PROVIDING
FOR THE REGULATION OF PRICE
INCREASES
FOR FOOD AND CONSUMER SERVICES
IN
TIMES OF A STATE OF EMERGENCY
The Board of Supervisors of
the County of Riverside ordains as follows:
Section 1.
A. Findings. As a result of
past disasters throughout the State of California, such as the October 1993
fire storms in Oakland and the Northridge earthquake on January 17, 1994, and
the States of Emergency resulting therefrom, residents of those areas sought to
purchase emergency supplies, food and other consumer goods necessary for their
health and safety. Though no general shortage of consumer goods was evident,
numerous residents reported instances of excessive price increases for consumer
items, such as gasoline and food items, many times above the prices in effect
just prior to the disasters. Though price increases may be necessary, where a
vendor or service provider has actually incurred higher expenses, the price
increases reported in most cases clearly exceeded those that would be
reasonable and needed to recapture any actual increase of operation or selling
expenses.
B. Intent. It is the intention of the Board of Supervisors, in adopting
this ordinance, to protect County residents 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 residents resulting from an emergency or disaster for which
a state of emergency for the County of Riverside is proclaimed or declared
pursuant to County Ordinance No. 533 and/or Government Code Section 8630 et.
seq. or for which a local disaster or emergency is declared by the President of
the United States or Governor of California.
C. Excessive
Price Increases Prohibited.
1. Goods. Upon the earlier of
either the issuance of a Proclamation or Declaration of Emergency involving or
threatening the lives, property or welfare of the residents of the County
pursuant to Ordinance No. 533 and/or Government Code Section 8630 et. seq. or
for which a 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 State of Emergency is terminated, it shall be unlawful for any
person, contractor, company, business or other entity to sell or offer to sell
any consumer food items, emergency or medical supplies, or gasoline for an
amount which exceeds by ten percent (10%) the price charged by such person,
contractor, company, business, or other entity for said goods on the day prior
to the emergency period as stated in the Proclamation or Declaration of
Emergency, unless said person, contractor, company, business, or other entity,
can establish by clear and convincing evidence that a greater increase in price
was directly attributable to additional costs imposed on it by the supplier of
the goods or for labor or materials actually used to provide or make the
product.
2. Services. Upon the earlier
of either the issuance of a Proclamation or Declaration of Emergency involving
or threatening the lives, property or welfare of the residents of the County
pursuant to Ordinance No. 533 and/or Government Code Section 8630 et. seq. or
for which a 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 State of Emergency is terminated, it shall be unlawful for any
person, contractor, company, business or other entity to furnish or offer to
furnish any repair, reconstruction or construction services, for an amount
which exceeds by ten percent (10%) the price charged by such person,
contractor, company, business or other entity for such services on the day prior
to the emergency period as stated in the Proclamation or Declaration of
Emergency, unless said person, contractor, company, business, or other entity
can establish by clear and convincing evidence that a greater increase in price
is directly attributable to additional costs imposed on it by the supplier of
the good or for labor or materials actually used to provide the service.
D. Definitions.
For the purposes of this ordinance, the following definitions shall apply:
1. A consumer food item is any article which
is used or intended for use for food, drink confection or condiment by a
person, domestic pet or farm animal.
2. Repair, reconstruction or construction
services are those contractor services for repairs or rebuilding to residential
and commercial property of any type which are damaged as a result of a
disaster. Contractor services are services as defined by Business and
Professions Code Sections 7025, 7026, 7026.1 and 7026.3.
3. Emergency supplies shall include, but are
not limited to, water, water purification devices or tablets, flashlights,
lanterns, radios, generators, batteries, candles, blankets, sleeping bags
soaps, tents, cooking and heating fuels and diapers.
4. Medical supplies shall include but are
not limited to prescription and non-prescription drugs, and medicines,
bandages, gauze, and splints.
5. Gasoline shall include all octane levels
of unleaded, leaded gasoline, diesel and alternative fuels.
E. Hearing. If there is reasonable cause to believe
that a person has violated the provisions of this section, the County Director
of Purchasing or his designee shall, prior to authorizing the filing of a
criminal complaint, conduct a Review Board hearing upon due notice and an
opportunity to be heard to the party or parties accused. At the conclusion of
such Review Board hearing, the Director or his designee may, in his discretion,
recommend that a criminal complaint be filed. The Director or his designee may
for good cause, dispense with the requirement of conducting a hearing prior to
recommending that a criminal complaint be filed.
F. Review
Board. The Review Board shall be chaired by the County Director of
Purchasing and no less than two other Education, Municipality, or Special
District Purchasing managers with counsel provided by the County. The decision
of the Review Board shall be final. The Review Board shall also have the
authority to negotiate a settlement based on all the facts presented. Upon the
Review Board=s final decision, all documentation
will be forwarded to the Deputy Director of Purchasing for transmission to the
District Attorney or for other appropriate disposition.
G. Violation. A Violation of this Ordinance is
hereby declared to be a misdemeanor and shall be punishable by a fine not to
exceed $1,000 or by imprisonment for not more than 6 months or both.
Section 2. This Ordinance shall be effective
thirty (30) days after the date of adoption.
ADOPTED: 11-18-97 (Eff.:
12-18-97)