§ 18-20. Definitions.

The following words, terms and phrases, when used in this article shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Average retail price means the average price at which similar merchandise was being sold during the 30 days immediately preceding the declaration of a local emergency.

Consumer goods means any article, product, merchandise, or commodity of any kind or class which is customarily produced or distributed for sale at retail for consumption by individuals or use by individuals, including, but not limited to: food, water, ice, clothing, lumber, hardware, chain saws, generators, home improvement materials, and fuel products.

Emergency means any occurrence, or threat thereof, whether accidental, natural in 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.

Enforcement official means all police or law enforcement officers, any code compliance official, code inspector, personnel of the emergency management division, and any other appropriate municipal or county official.

Fuel product means home-heating oil, kerosene, propane, natural gas, diesel fuel, methanol, and gasoline.

Unconscionable means and be used in the sense that 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 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; however, a mere price increase approved or authorized by a government agency, law, statute, or regulation shall not be deemed unconscionable and shall not be a violation of this article's prohibitions; 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 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; however, a mere price increase approved or authorized by a government agency, law, statute, or regulation shall not be deemed unconscionable and shall not be a violation of this article's prohibitions.

(Code 1982, § 1-6.3-52; Ord. No. 01-21, pt. A, 10-16-2001)