ORD 244 ORDINANCE NO. 244
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 2.20
OF THE LA QUINTA MUNICIPAL CODE TO ADD SECTION
2.20.150 TO PROVIDE FOR THE REGULATION OF PRICE
HIKES OF FOOD AND CONSUMER SERVICES IN TIMES OF
A STATE OF EMERGENCY.
The City Council of the City of La Quinta, California does hereby ordain as
follows:
SECTION 1. Section 2.20.150 is hereby added to the La Quinta Municipal Code
to read as follows:
EXCESSIVE PRICE INCREASES DURING A STATE OF EMERGENCY
A. Findings. As a result of the recent disasters throughout the State of
California, such as the October 1993 fire storms and the Northridge earthquake on January 17,
1994, and the resulting states of emergency, consumers have sought to purchase emergency
supplies, food and other consumer goods necessary for their health and safety. Though no
general shortage of consumer goods is evident, numerous consumers have reported cases of
excessive price increases for consumer items, such as gasoline and food items, many times above
the prices in effect prior to the disasters. Though price increases may be necessary where a
merchant has incurred higher expenses, the reported price increases clearly exceed those that
would be reasonable and just to recapture any increase of operation expenses.
B. Legislative Intent. It is the intention of the City Council, in adopting this
ordinance, to protect citizens 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 consumers resulting from emergency or major
disaster for which a state of emergency for the City of La Quinta is proclaimed pursuant to
Section 2.20.080 of the La Quinta Municipal Code 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. Upon proclamation of public
emergency involving or threatening the lives, property or welfare of the citizens, pursuant to
Section 2.20.080 of the La Quinta Municipal Code or for which a local disaster or emergency
is declared by the President of the United States or Governor of California and for a period of
thirty days from the date such declaration is terminated, it shall be unlawful for any person,
contractor, business or other entity to sell or offer to sell any consumer food items, repair or
reconstruction services, emergency or medical supplies, or gasoline for an amount which exceeds
ten percent of the price charged by such person, contractor, business or other entity for said
goods or services on the day prior to the proclamation of emergency, unless said person,
business contractor or other entity can prove that an increase in price was directly attributable
to additional costs imposed on it by the supplier of the goods or for labor and materials used to
provide the service.
D. Definitions. For the purposes of this section, the following definitions
shall apply:
1. A consumer food items is any article which is used or intended for
use for food, drink, confection or condiment by man or other
animal.
2. Repair or reconstruction services are those contractor services for
repairs 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,
batteries, candles, blankets, soaps, tents, cooking and heating fuels
and diapers.
4. Medical supplies shall include but are not limited to prescription
and non-prescription drugs, bandages, gauze, splints and isopropyl
alcohol.
5. Gasoline shall include all octane levels of unleaded, leaded, diesel
and alternative fuels.
E. Hearing. If there is reasonable cause to believe that a person has
violated the provisions of this section, the City Manager shall, prior to authorizing the filing of
a criminal complaint, conduct a hearing upon due notice and an opportunity to be heard. At the
conclusion of such hearing, the City manager may, in his discretion, order a criminal complaint
to be filed. The City Manager may for good cause, disperse with the requirement of conducting
a hearing prior to the filing of a criminal complaint.
SECTION 2. The City Clerk shall certify to the passage and adoption of this
ordinance and shall cause it to be posted or published in a manner required by law.
PASSED, APPROVED AND ADOPTED by the City Council of the City of La
Quinta on this 15th day of March 1994 by the following vote, to wit:
Ordinance No. 244
AYES: Council Members Bangerter, McCarmey, Perkins, Sniff, Mayor
Pena
NOES: None
ABSENT: None
ABSTAIN: None ~
JO l~X.,~.~aybr
City of La Quinta, California
AT EST:
A DRA L. JU ity Clerk
City of La Quinta, California
APPROVED AS TO FORM:
STRADLING, YOCCf(,,C~ON & ~UTH
City ARomey
NOTE FOR THE RECORD
When this ordinance was codified it
was discovered that Subsection C in
-- which ten percent was referred to
should have read "one hundred and ten
percent" This change which was a
clerical error was approved by the
City Attorney for codification.
November 23, 1994. ~
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LA QUINTA )
I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby certify
the foregoing to be a full, tree and correct copy of Ordinance No. 244 which was introduced
on the 1st day of March, 1994 and was adopted at a regular meeting held on the 15th day of
March, 1994 not being less than 5 days after date of introduction thereof.
I further certify that the foregoing ordinance was posted in three (3) places within the City of
..... of the City Council.
ta s sa~napec~f~
City of La Quinta, California
DECLARATION OF POSTING
I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby certify
th he fore '~ted on April 12, 1994 pursuant to City Council Resolution.
SAUNDRA L. JUHOLA, City Clerk
uinta, California