§ 8-29 — Unconscionable pricing

§ 8-29 - Unconscionable pricing.

(a) As used in this section: COMMODITY means any goods, services, materials, merchandise, supplies, equipment, resources or 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 the emergency. (b) It is prima facie evidence that a price is unconscionable if: (1) 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 30 days immediately prior to a declaration of a state of local 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 (2) The amount charged grossly exceeds the average price at which the same or similar commodity was readily obtainable in the trade area during the 30 days immediately prior to a declaration of local 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 local emergency by the Governor, the City Council of the City of Cape Coral, Cape Coral City Manager or the Board of County Commissioners for Lee County that affects the City of Cape Coral and/or Lee County, it shall be unlawful for a person or his or her 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 local emergency is declared, any essential commodity including, but not limited to, supplies, services, provisions or equipment that is necessary for consumption or use as a direct result of the emergency. This prohibition shall remain in effect until all declarations expire or are terminated. (4) It is unlawful and a violation of this section for any person to impose unconscionable prices for the rental or lease of any dwelling unit or self storage facility during a period of declared state of local emergency. (5) A price increase approved by an appropriate government agency shall not be a violation of this section. (6) This section shall not apply to sales by growers, producers or processors of raw or processed food products, except for retail sales of the products to the ultimate consumer within the area of the declared state of local emergency. (7) All state law enforcement officers and Code Enforcement Officers shall have the power to investigate compliance with, and enforcement requirements of this section and incident thereto may subpoena witnesses, administer oaths and require the production of records. (8) Any person, who knowingly violates any provision of this section shall, upon conviction, be punished according to law and shall be subject to a fine not exceeding the sum of $500, or imprisonment in the Lee County Jail for a period not exceeding 60 days, or by fine and imprisonment.

(Ord. 30-11, 6-6-2011; Ord. 9-18, § 2, 6-4-2018)