§ 2-249. Price gouging.

During the state of local emergency, it shall be unlawful and an offense against Polk County, for any person, firm, corporation, or entity operating within the county, to charge an unconscionable price for rental or lease of any dwelling unit or self-storage facility, or commodities such as any materials, merchandise, goods, or services necessary for consumption or use as a direct result of the emergency. 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 thirty (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 thirty (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.

(Ord. No. 05-041, § 9, 7-13-05)