HomeMy WebLinkAboutORD-50-80 REQUIRING READABLE ITEM PRICING BY CHANGING THE CHAPTER NUMBERSORDINANCE NO. 50-
80 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING CHAPTER 5 96
OF TITLE 5 OF THE ORANGE MUNICIPAL CODE
RE-QUIRING READABLE ITEM PRICING BY
CHANGING THE CHAPTER NUMBER TO CHAPTER 5.97
AND SECTION NUMBERS FROM SECTION 5.96.010
TO 5.97.010, AND SECTION 5.96.020 TO 5.97
020 AND SECTION 5.96.030 TO 5.97.
030. .WHEREAS, Chapter number 5.96 and the related
section nu~ers were previously assigned to other subject
matter;
and WHEREAS, the City Council desires to correct
these numbering
errors.THE CITY COUNCIL OF THE CITY OF ORANGE DOES
HEREBY ORDAIN AS
FOLLOWS:SECTION
I:Chapter 5.96 of Title 5 of the Orange Municipal
Code requiring readable item pricing in retail grocery stores
and grocery departments shall be amended to read Chapter 5.
97.SECTION
II:Section 5.96.010 entitled Readable prices ontaCkagedconsumercommodities; exemptions; definitions shal
be amended by changing the number to read Section 5.97.
010.SECTION
III:Section 5.96.020 shall be amended to
read:Section 5.97.020 Violations; civil fines;
injunctions.a) The intentional violation of section 5.97.010
is punishable by a civil penalty of not less than
Twenty-five Dollars ($25.00) nor more than Five Hundred
Dollars 500.
00) .b) Fail ure to have a clearly readable price
indicated on 12 units of the same item of the same
commodity shall constitute a presumption of intent to
violate Section 5.97.
010.c) Every additional 12 units of the same item th~
t fail to have a price indicat7d on them ~hall const~
tute a presumption of intent to v~olate Sect~on 5.97.
010.d) Each day that a violation continues ?h~ll ~
lso constitute a separate violation after not~f~cat~
on thereof to the manager or assistant manager of
the retail grocery store or the grocery department o~
the general retail merchandise store and shall const~
tute a presumption of intent to violate section 5.97.
e) Notwithstanding any other provision of law
pers~n may bring an action to enjoin a violatio~
Sect~on 5.97.010.
any
of
Any person who violates Section 5.97.010 shall be
llable t<;J any person injured for any losses and expenses
thereby ~ncurred, and for damages as provided in Section
5.97.020 (a) for intentional violations, in addition
thereto. The remedies set forth in this section shall
apply only to actions brought on behalf of a single
plaintiff and shall not apply to multiple olaintiffs or
class sections. -
SECTION
IV:section
5.96.030 entitled unintentional error; no violation
shall be amended by changing the number to read Section
5.97.030.SECTION
V:This
ordinance shall be published once within fifteen 15)
days after its passage in the orange City News, a news-paper
of general circulation, published and circulated in the
City of Orange, and shall take effect thirty (30) days from
and after the date of its final passage.ADOPTED
this 23rd day of Orange
ATTEST:
th~
t~STATE
OF CALIFORNIA COUNTY
OF ORANGE ss CITY
OF ORANGE I,
MARILYN J. JENSEN, city Clerk of the city of Orange,California,
DO HEREBY CERTIFY that the f<;Jregoing <;Jrdinance was introduced
at a regular meeting of the c~ty Counc~l held,on the 22nd
day of July, 1980, and thereafter at a regular ~et~ni9~~said
City council duly held on the 23rd d<;tyof septe :~t. 'was
duly passed and adopted by the follow~ng vote, to .AYES:
NOES:
ABSENT:
COUNCILMEN:
COUNCILMEN:
COUNCILMEN:
BARRERA,
SMITH, MAYOR BEAM, PEREZ, BEYER.NONE.
NONE.
d
and seal this 24th day of September, 1980.IUTNESS
my han f)~
Marilyn
J. Jensen City
Clerk of the City of Orange