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Home My WebLink AboutO-12585City of Miami Legislation Ordinance: 12585 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 04-01011 Final Action Date: 9/9/2004 (4/STHS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 45 OF THE CODE OF THE CITY OF MIAMI, AS AMENDED, ENTITLED "PUBLIC ORDER," BY AMENDING SECTIONS 45-2 AND 45-4 AND ADDING NEW SECTION 45-8 PERTAINING TO UNCONSCIONABLE PRICES (PRICE GOUGING); CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it is the intent on the part of the City of Miami, pursuant to Florida Statutes Chapters 252, 870, and 501.160 and Miami -Dade County Code Chapters 8A and 8B to promote, protect, and improve the health, safety, and welfare of its citizens during a declared state of emergency; and WHEREAS, the purpose of this Ordinance is to set measures in place necessary for the protection of life and property, threatened by man-made, natural, or technological disasters and/or emergency; and WHEREAS, it is the purpose of this Ordinance to prohibit price gouging in the City of Miami during a declared state of emergency, be it declared at the municipal, county, state, and/or federal level; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 45 of the Code of the City of Miami, Florida, as amended, entitled "Public Order," is amended in the following particulars:{1} "CHAPTER 45 PUBLIC ORDER Section 45-2. Declaration of state of emergency by the mayor. Whenever the mayor determines that there has been an act of violence or a flagrant and substantial City of Miami Page 1 of 4 File Id: 04-01011 (Version: 1) Printed On: 9/28/2016 File Number: 04-01011 Enactment Number: 12585 defiance of or resistance to a lawful exercise of public authority, and that, partly on account thereof, there is reason to believe that there exists a clear and present danger of a riot or other general public disorder, widespread disobedience of the law, and substantial injury to persons or to health, safety, welfare or protection of persons, or damage to property, all of which constitutes a threat to public peace or order and to the general welfare of the city or a part or parts thereof, la-e the mayor may declare that a state of emergency exists within the city or any part or parts thereof, in accordance with the provisions of the city Charter..-, even in the absence of a declaration of a state of emergency at the county, state, and/or federal level. Section 45-4. Same-- Designated. The following are designated as emergency measures: (11) There will be a prohibition against unconscionable prices (price gouging) during a declared state of emergency. The declared state of emergency may be at the municipal, county, state, and/or federal level. Section 45-8. Prohibition against unconscionable prices (price gouging) during a declared state of emergency. (1) As used in this section: (a) Average retail price: The average price at which similar merchandise or services was sold during the thirty (30) days immediately preceding the declaration of emergency. (b) Commodity means any goods, services, materials, merchandise, supplies, equipment, resources, 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 an emergency. (c) State of Emergency: Occurrence or threat thereof, whether accidental, natural, or man-made, during times of war or in peace, which results or may result in substantial injury or harm to the population or substantial damage to or loss of property in the city , county, state, and/or nation. Declaration of a state of emergency may be made at the federal, state, county and/or municipal level. (2) It is prima facie evidence that a price is unconscionable if: a. The amount charged represents a gross disparity between the price of the commodity or rental or lease of any dwelling unit or self -storage facility that is the subject of the offer or transaction and the average price at which that commodity or dwelling unit or self -storage facility was rented, leased, sold, or offered for rent or sale in the usual course of business during the thirty (30) days immediately prior to a declaration of a state of emergency, and the increase in the amount charged is not attributable to additional costs incurred in connection with the rental or sale of the commodity or rental or lease of any dwelling unit or self -storage facility, or national or international market trends; or b. The amount charged grossly exceeds the average price at which the same or similar commodity City of Miami Page 2 of 4 File Id: 04-01011 (Version: 1) Printed On: 9/28/2016 File Number: 04-01011 Enactment Number: 12585 was readily obtainable in the trade area during the thirty (30) days immediately prior to a declaration of a state of emergency, and the increase in the amount charged is not attributable to additional costs incurred in connection with the rental or sale of the commodity or rental or lease of any dwelling unit or self -storage facility, or national or international market trends. (3) Upon a declaration of a state of emergency applicable to any portion of the City of Miami by the President of the United States, the Governor of Florida, the Mayor of Miami -Dade County, and/or the Mayor of the City of Miami, it shall be unlawful for a person or business, or their agent or employee, to rent or sell or offer to rent or sell at an unconscionable price, within the area for which the state of emergency is declared, any essential commodity including, but not limited to: food, water, ice, chemicals, petroleum products, lumber, supplies, services, provisions, or equipment, or any dwelling unit or self -storage facility, that is necessary for consumption or use as a direct result of the emergency. This prohibition shall remain in effect until the declaration expires or is terminated. (4) A price increase approved by an appropriate government agency shall not be a violation of this section. (5) This section shall not apply to sales by growers, producers, or processors of raw or processed food products, except for retail sales of such products to the ultimate consumer within the area of the declared state of emergency. (6) In addition to the remedies elsewhere provided in this ordinance, the City Manager or his or her designee shall have the authority to institute a civil action in a court of competent jurisdiction: (i) to seek temporary or permanent, prohibitory or mandatory injunctive relief to enforce compliance with or prohibit the violation of this Section; (ii) to impose and recover a civil penalty in an amount of not more than ten thousand dollars ($10,000) for each violation of this Section; and (iii) to recover any sums and costs expended by the City in tracing, investigating, preventing, controlling, abating or remedying violation of this Section. Each day during which any portion of such violation occurs, constitutes a separate violation. In any such action in which the City prevails, the court shall award the City reasonable attorney's fees. (7) The City Manager or his or her designee shall have the power to investigate compliance with the requirements of this Section and incident thereto may subpoena witnesses, administer oaths, and require the production of records. (8) Any violation of this section may be enforced by the City in an administrative hearing before a Code Enforcement Board or Special Master and by the Miami -Dade County State Attorney's Office. Each occurrence of unconscionable pricing (price gouging) shall constitute a separate violation and/or offense. (9) In addition to the remedies elsewhere provided in this Ordinance, any person found guilty of violating any provision of this Section may be punished by a fine not to exceed five hundred dollars ($500.00) for each violation, or may be arrested and/or imprisoned in the county jail for a period not to exceed sixty (60) days, or both." Section 3. All Ordinances or parts of Ordinances that are inconsistent or in conflict with the provisions of this Ordinance are repealed. City of Miami Page 3 of 4 File Id: 04-01011 (Version: 1) Printed On: 9/28/2016 File Number: 04-01011 Enactment Number: 12585 Section 4. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. This Ordinance is declared to be an emergency measure on the grounds of the urgent public need for the preservation of peace, health, safety, and property of the City of Miami, and upon the further grounds of the necessity to enforce any Code violations which may take place within the City of Miami during a declared state of emergency in order to carry on the functions and duties of municipal affairs. Section 6. The requirement of reading this Ordinance on two separate days is dispensed with an affirmative vote of not less that four -fifths (4/5ths) of the City Commission. Section 7. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor.{2} Footnotes: {1} Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 4 of 4 File Id: 04-01011 (Version: 1) Printed On: 9/28/2016