3897ORDINANCE NO. 3897
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
PROVIDING FOR THE PROTECTION OF THE PUBLIC BY
PROHIBITING OVERCHARGING DURING ANY PERIOD OF
DISASTER OR EMERGENCY; PROVIDING FOR
SEVERABIMTY; PROVIDING FOR CODIFICATION;
PROVIDING FOR PENALTIES; PROVIDING FOR
CONFLICTS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Honorable Mayor Brady Lessard issued, on August 13, 2004, a
Proclamation declaring a state of local emergency within the City of Sanford with regard
to impacts of Hurricane Charley and associated adverse weather events, which events
have inflicted substantial harm and adverse effects and impacts upon the citizens of the
City of Sanford and threaten the public health, safety and welfare; and
WHEREAS, the City Commission of the City of Sanford adopted, on August 16,
2004, Resolution Number 1972 declaring a state of local emergency within the City of
Sanford, also with regard to the effects of Hurricane Charley and associated adverse
weather events; and
WHEREAS, on August 30, 2004, the City Commission enacted Emergency
Ordinance Number 3894 in reaction to the events resulting from Hurricane Charley; and
WHEREAS,one aspect of the threat to the public health, safety and welfare is the
untoward potential practice of unscrupulous persons in taking advantage of the public by
overcharging the public for goods and services (price gouging); and
WHEREAS, Section 501.160, Florida Statutes, sets forth the state policy of
prohibiting the sale of essential commodities at unconscionable prices during emergency
situations; and
WHEREAS,the City Commission of the City of Sanford has determined that it is in
the best interests of the citizens of the City of Sanford to prohibit price gouging through the
enactment of this Ordinance.
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
SANFORD, FLORIDA:
=~..E_C_T_J_O.I~L~ LEGISLATIVE/ADMINISTRATIVE INTENT AND FINDINGS.
The above recitals are hereby adopted by the City Commission as the intent and
findings relating to this Ordinance and are also hereby adopted as substantive provisions
of this Ordinance.
~_F=_C_T_I.Q~L~ OVERCHARGING PROHIBITFn. In order to preserve, protect or
sustain the life, health or safety of persons, or their property, within any declared disaster
area or area where a state of emergency exists, it is unlawful, during the duration of the
state of emergency or subsequent recovery period in which the City of Sanford has been
designated as a disaster area, for any person, firm or corporation located or doing
business in the City, to overcharge for any goods, materials, services, motel rooms,
temporary lodging or houses, sold or rented, within the City. Overcharging shall mean to
charge more than the normal average retail price for any merchandise, goods, or services
sold during the emergency. The average retail price, as used herein, is defined to be that
price at which similar merchandise, goods, or services was being sold in Seminole County
during the ninety (90) days immediately preceding the emergency or mark-up which is a
larger percentage over wholesale cost, than was being added to wholesale cost prior to
the emergency.
C~,_QT.I.QJ~L~ ~.~. If any section, sentence, phrase, word, or portion
of this Ordinance is determined to be invalid, unlawful or unconstitutional, said
determination shall not be held to invalidate or impair the validity, force or effect of any
other section, sentence, phrase, word or portion of this Ordinance not otherwise
determined to be invalid, unlawful or unconstitutional.
SECTION 4. CODIFICATION/REENACTMENT, This Ordinance shall be codified
in the Code of Ordinances of the CilyofSanford, except that Sections 3, 4, 5, 6 and 7 shall
not be codified. The Code codifier is granted authority to change the words "Ordinance"
and other words to reflect the Part, Section, Article, etc., assigned in the Code.
T_~ p_~. Any person found to have violated the provisions of this
Ordinance shall be subject to the maximum penalty permitted by Section 162.22, Flodda
Statutes, or as may otherwise be provided in law.
~..Q.Q~. All ordinances or part of ordinances in conflict with this
Ordinance are hereby repealed.
.~C..T.~. ~. This Ordinance shall become effective
immediately upon its passage and adoption.
PASSED and ADOPTED this 27th day of Septet.
BRADY LESSIARD, MAYOR
T R. DOUGHER'10¢, CITY (:f~ERK
I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify that
a true and correct copy of the foregoing Ordinance No. 3897, PASSED AND ADOPTED by
the City Commission of the City of Sanford, Flodda, on the 27th day of September, 2004, was
posted at the front door of the City Hall in the City of Sanford, Flodda, on the 28th day of
September, 2004.
JANET R. DOUGHERTY ~'
As the City Clerk of the City
of Sanford, Florida