§ 11-172. Overcharging.

(a)

Overcharging prohibited. In order to preserve, protect, or sustain the life, health, or safety of persons or their property, it shall be unlawful during the duration of a state of emergency or subsequent recovery period in which the City of Cartersville has been designated as a disaster area, for any person, firm, or corporation located or doing business in the City of Cartersville to overcharge for any goods, materials, services or housing sold within the City of Cartersville.

(b)

Definitions.

Overcharging. The term "overcharging" is defined as charging prices for goods, materials, services, or housing which are substantially in excess of the customary charges or in applicable cases substantially in excess of the suppliers or providers costs for such goods, materials, services or housing. The existence of overcharging shall be presumed from a substantial increase in the price at which the goods, materials, services, or housing was offered in the usual course of business immediately prior to the onset of the emergency, but shall not include increases in costs to the supplier directly attributable to higher costs of materials, supplies, and labor costs resulting from the emergency.

State of emergency. The term "state of emergency" is defined, pursuant to O.C.G.A. § 38-3-3(5), as a condition declared by the governor when, in his judgment, the threat or actual occurrence of a disaster or emergency is of sufficient severity and magnitude as to warrant extraordinary efforts in preventing or alleviating the damage, loss, hardship, or suffering threatened or caused thereby.

Subsequent recovery period. The term "subsequent recovery period" is defined as that period during which the disaster continues to cause disruptions in the disaster area, but shall not exceed six (6) months after the emergency declaration has been terminated by the governor unless extended by official action of the governing authority of the City of Cartersville.

(c)

Penalties. Violation of the provisions of this section, upon conviction, shall be punishable by a fine not to exceed one thousand dollars ($1,000.00) per violation or imprisonment not to exceed sixty (60) days, or both such fine and imprisonment. Each sale shall constitute a separate offense.

(Ord. No. 54-99, §§ 1—3, 12-2-99)