CHAPTER 2
EMERGENCY MANAGEMENT

ARTICLE 5. ENFORCEMENT

SECTION:

§5150    Punishment Of Violations/Acts Prohibited During Emergency

§5150 PUNISHMENT OF VIOLATIONS/ACTS PROHIBITED DURING EMERGENCY

During the period beginning on the date the existence of a major disaster or state of emergency is declared by the Director of Emergency Management and ending one hundred eighty (180) days after that date, or when the Director declares the end of the state of emergency, and within the area to which the declaration applies, it shall be a misdemeanor, punishable by a fine not to exceed five thousand dollars ($5,000.00), or by imprisonment for not to exceed six (6) months, or both, for any person, contractor, business, or other entity during an emergency to:

A.    Willfully obstruct, hinder, or delay any member of the Emergency Organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the performance of any duty imposed upon him or her by virtue of this chapter.

B.    Do any act forbidden by any lawful rule or regulation issued pursuant to this chapter, if such act is of such a nature as to give or be likely to give assistance to the enemy during a state of war emergency, or to imperil the lives or property of inhabitants of this City, or to prevent, hinder, or delay the defense or protection thereof.

C.    Wear, carry, or display, without authority, any means of identification specified by any emergency services agency of the State, the County, County districts, or any city in the County of Mendocino.

D.    Sell, or offer to sell, any consumer food items, repair or reconstruction services, emergency or medical supplies or gasoline for an amount which is ten percent (10%), or more, greater than the price charged by a person, contractor, business or other entity for said goods or services immediately prior to the proclamation of emergency unless said person, business, contractor, or other entity can prove that the increase 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.

    For purposes of this chapter, the following definitions shall apply:

1. A "consumer food item" is any article which is used or intended for use as food, drink, confection or condiment by humans or animals.

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 the disaster. This includes the removal of debris (including a damaged tree) and garbage.

3. "Emergency supplies" shall include, but are not limited to, water, flashlights, radios, batteries, candles, blankets, soaps, and diapers.

4. "Medical supplies" shall include, but are not limited to, prescription and nonprescription drugs, bandages, gauzes, and isopropyl alcohol.

E.    Buy, sell, remove, deface, cover, hide, destroy, or tamper with any sign, tag, or placard posted by a member of the City Emergency Organization on a building or structure damaged by a disaster.

F.    Post any sign, tag, or placard not authorized by the City Emergency Organization on a building or structure damaged by a disaster. (Ord. 995, §1, adopted 1997; Ord. 1207, §5, adopted 2020)