3894EMERGENCY ORDINANCE NO. 3894
AN EMERGENCY 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 SEVERABILITY; PROVIDING FOR
CODIFICATION AND REENACTMENT; 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, 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, Section 166.041(3)(b), Flodda Statutes, provides that the City
Commission may enact emergency ordinances by a vote of two-thirds (2/3) of the
membership of the City Commission; 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:
SECTION 1. LEGISLATIVE/ADMINISTRATIVE INTENT AND FINDINGS.
(a). 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
previsions of this Ordinance.
(b). The provisions of the August 13, 2004 Proclamation issued by the Mayor of
the City of Sanford and the provisions of Resolution Number 1972, both relating to the
state of local emergency existing within the City of Sanford as a result of Hurricane Charley
and related adverse weather events, are hereby adopted, ratified and affirmed.
SECTION 2. OVERCHARGING PROHIBITED. 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.
SECTION 3. SEVERABILITY. 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 not be
codified in the Code of Ordinances of the City of Sanford. This Ordinance shall be
reenacted by means of the regular enactment processes as set forth in Section 166.041,
Flodda Statutes.
SECTION $ PENALTIES.. Any person found to have violated the provisions of this
Ordinance shall be subject to the maximum penalty permitted by Section 162.22, Florida
Statutes, or as may otherwise be provided in law.
SECTION 6. CONFLICTS. All ordinances or part of ordinances in conflict with this
Ordinance are hereby repealed.
SECTION 7. EFFECTIVE DATE. This Ordinance shall become effective
immediately upon its passage and adoption.
PASSED and ADOPTED this 30th day of August, 2004.
ATTEST:
JANET R. DOUGHER~Y, CITY CLERK
CERTIFICATE
I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify
that a true and correct copy of the foregoing Emergency Ordinance No. 3894, PASSED
AND ADOPTED by the City Commission of the City of Sanford, Florida, on the 30th day
of August~ 200_~4, was posted at the f.[l;;)nt door of the City Hall in the City of Sanford, Florida,
on the .~'~v_~- day of ~.z~- 2004.
JANET R. DOUGHER'I'~
As the City Clerk of the City
of Sanford, Florida
Ordinance No.
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