CHAPTER 19. PRICES OF EMERGENCY ITEMS AND SERVICES DURING A PROCLAIMED DISASTER*
* Chapter 19, entitled “Retail, Grocery Price Marking,” consisting of Sections 5-19.01 through 5-19.02 added by Ord 745-NS, eff. April 24, 1980, repealed by § 15, Ord. 907-NS, eff. February 11, 1986.
For purposes of this chapter, the following definitions shall apply:
(a) “Emergency items” shall mean and include, but are not limited to, such goods and products as 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.
(b) “Emergency services” shall mean and 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. (§ 1, Ord. 1196-NS, eff. February 8, 1994)
This chapter applies 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 by the Thousand Oaks City Council or City Manager pursuant to Government Code Section 8630.
(a) Excessive price increases prohibited. Upon the proclamation of a local emergency or disaster, it shall be unlawful for any merchant, person, contractor, business or other entity, to increase prices and sell or offer to sell any emergency items or services for a price which is more than ten (10%) percent greater than the price charged by such person or business 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 increased cost of labor and/or cost of materials used to provide the emergency service.
(b) Modification; termination. The applicability of this section can be expressly modified, reduced or eliminated by the provisions within the proclamation of the local emergency or disaster. Any price regulation imposed under this section terminates upon the termination of the local emergency, unless terminated earlier by the Thousand Oaks City Council.
(§ 1, Ord. 1196-NS, eff. February 8, 1994)
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 and no/100ths ($1,000.00) Dollars, 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 this chapter has been committed may file a complaint with the City Attorney or District Attorney.
In addition, anyone affected or victimized by a violation of this chapter may file 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, restitution to aggrieved consumers may be ordered.
(§ 1, Ord. 1196-NS, eff. February 8, 1994)