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CROSS REFERENCES

Department of Consumer Affairs, establishment of, CO 147.01

Director of Consumer Affairs, duties, CO 147.02

Unfair trade practices defined, CO 641.11

Unconscionable trade practices defined, CO 641.12

Regulations for posting prescription drug prices, CO 645.03

Enforcement of prescription drug price regulations, CO 645.04

Penalty for unit pricing violation, CO 647.99

Gasoline price posting enforcement, CO 649.03

Enforcement of meat packaging and labeling provisions, CO 651.13

Penalty for packaging or labeling violation, CO 651.99

Penalty for deceptive advertising, CO 653.99

Penalty for violation of regulations regarding return of merchandise, CO 655.99

643.01     Territorial Application

This Code applies to all consumer transactions which take place within the City of Cleveland, regardless of the residence of any of the persons directly or indirectly affected by such transaction.
(Ord. No. 729-72. Passed 6-26-72, eff. 6-29-72)

643.02     Unfair, Deceptive and Unconscionable Trade Practices Prohibited

No person shall engage in any unfair, deceptive or unconscionable consumer trade practice in the sale, lease, rental or loan, or in the offering for sale, lease, rental or loan of any consumer goods or services.
(Ord. No. 1345-01. Passed 12-10-01, eff. 12-19-01 without the signature of the Mayor)

643.03     Waivers and Disclaimers

No agreement, whether oral or in writing, made within the City, may waive or disclaim the jurisdiction, provisions, rules or regulations of this Code. Any attempt to so waive or disclaim provisions of this Code is contrary to public policy, of no effect and is void.
(Ord. No. 729-72. Passed 6-26-72, eff. 6-29-72)

643.04     Consumer Affairs Personnel

The Director of Consumer Affairs shall supervise such personnel, appointed by the Mayor, as are needed to ensure the successful administration of this Code. Such personnel shall carry out the direction of the Director in all matters relating to the enforcement of this Code and shall aid and assist the Director in the efficient discharge of his or her duties.
(Ord. No. 125-82. Passed 12-20-82, eff. 12-23-82)

643.05     Duties of the Director of Consumer Affairs

The Director of Consumer Affairs under the supervision and direction of the Mayor and subject to the Charter and ordinances of the City, shall have the authority to:

(a) Delegate and appoint personnel in the Office of Consumer Affairs to aid and assist the Director in the proper discharge of his duties and powers;

(b) Supervise the execution and enforcement of all laws, rules and regulations pertaining to consumer affairs as provided in this Code;

(c) Receive moneys and issue vouchers for the disbursement of moneys in accordance with the terms of any stipulated settlement agreement made pursuant to division (a) of Section 643.13 of these Codified Ordinances;

(d) Investigate, hear and determine complaints of violations of this Code and make inspections and observations, hold hearings and subpoena witnesses and relevant matter as he or she deems necessary to effectuate this Code. Records shall be maintained of all such investigations, complaints, inspections, observations, hearings, testimony, evidence received and action taken, if any;

(e) Institute complaints against all violations of any provisions of this Code and institute necessary legal proceedings, either personally or through his or her representative;

(f) Make studies, conduct tests and establish programs to educate and inform consumers of practices and problems and represent the interest of consumers before administrative and regulatory agencies;

(g) Work with governmental agencies and private consumer groups to insure the protection of consumers and to coordinate activities for the common municipal good;

(h) Make a written annual report to the Mayor enumerating the activities and recommendations of the Office of Consumer Affairs;

(i) Do any and all acts which may be necessary for the successful prosecution of the purposes of this Code and such other acts as may be specifically enumerated herein including, but not limited to requiring that certain classes of merchants be licensed by the Office of Consumer Affairs subject to approval by Council through the Commissioner of Assessments and Licenses when the Director determines such licensing to be in the public interest and necessary for the protection of consumers.
(Ord. No. 1345-01. Passed 12-10-01, eff. 12-19-01 without the signature of the Mayor)

643.06     Rules and Regulations

The Director of Consumer Affairs, under the supervision and direction of the Mayor and after having consulted with the Consumers Council, and after having held a public hearing affording interested persons an opportunity to be heard, may adopt, amend or alter written rules and regulations of this Code to protect consumers, including regulations defining specific unfair and unconscionable trade practices. Such rules and regulations must be reviewed by the Director of Law and shall not conflict with nor waive any provisions of this Code or any ordinance of the City, or be inconsistent with the rules, regulations and decisions of the Federal Trade Commission, the laws of the State or the decisions of Federal and state courts relating thereto, nor shall they be the basis for criminal prosecutions for violations of this Code. Such rules and regulations and amendments thereto and alterations thereof shall become effective after two successive publications in the City Record. No rule or regulations shall be adopted, amended or altered or of any effect without the prior approval and consent of Council.
(Ord. No. 1345-01. Passed 12-10-01, eff. 12-19-01 without the signature of the Mayor)

643.07     Notice of Public Hearing on Proposed Rules

Prior to the adoption, amendment or alteration of any rule or regulation, the Director of Consumer Affairs shall give at least fourteen days' notice of his intended action by publication in the City Record setting forth the date, time and place of a public hearing and the contents of the proposed rules or regulations to be acted upon.
(Ord. No. 729-72. Passed 6-26-72, eff. 6-29-72)

643.08     Tests to Determine Violations

The Director of Consumer Affairs is hereby authorized to conduct or cause to be conducted any tests which in his judgment may aid in demonstrating that violations of this Code have been or are likely to be committed. The Director shall require that all tests be conducted by reputable, qualified personnel and that written reports be submitted to him for all such tests. If the report substantiates that a violation of this Code exists, the person responsible for the violation shall pay all costs for conducting the tests.
(Ord. No. 729-72. Passed 6-26-72, eff. 6-29-72)

643.09     Right of Entry

Any person who in any manner hinders, obstructs, delays, resists, prevents or interferes with the Director or his representative in the performance of his duty by refusing entrance at reasonable hours to any premises to which this Code applies and is suspect of violation, or refuses to permit testing, inspection or examination of such premises for the purpose of enforcement of the provisions, rules or regulations of this Code, shall be subject to such action as may be provided at law or by the provisions of this Code.
(Ord. No. 729-72. Passed 6-26-72, eff. 6-29-72)

643.10     Recovery of Investigative Costs

In any civil action brought by the Director or his representative for violations of this Code, the Director may recover all costs of testing and investigation if he prevails in the action.
(Ord. No. 729-72. Passed 6-26-72, eff. 6-29-72)

643.11     Enforcement Actions and Consumer Remedies

(a) All legal actions initiated by the Director of Consumer Affairs to enforce this Code shall be brought by the Director of Law upon written request by the Director of Consumer Affairs. In addition to recovery of fines as provided by this Code, actions may be brought for injunctive relief in any court of competent jurisdiction to restrain a person from violating this Code or the rules or regulations pursuant thereto, and to restrain a merchant from engaging in unfair, deceptive, fraudulent or unconscionable conduct with consumers. To establish a cause of action under this Code it need not be shown that consumers are being or were actually damaged.

(b) The City or any person aggrieved by a violation of Title III, Consumer Protection Code, may at any time within two years from the date of the alleged violation or within a reasonable time after the consumer discovers or should have discovered the violation, whichever is later, may apply to any court of competent jurisdiction for appropriate relief, including but not limited to:

(1) injunctive relief or an order otherwise compelling compliance with this Code;

(2) compensatory damages which may be trebled if the act, omission or practice violates Sections 641.11 or 641.12, and/or punitive damages;

(3) such other or further relief as is appropriate for the enforcement of this Code and elimination and prevention of violations thereof.

(c) The court may award to the City or the complainant reasonable attorneys' fees and costs of litigation, and the City shall recover its reasonable costs of investigation of the violation.
(Ord. No. 1345-01. Passed 12-10-01, eff. 12-19-01 without the signature of the Mayor)

643.12     Cease and Desist Orders

If the Director has reason to believe that a person has violated this Code, he may order such person subject to this Code to cease and desist from engaging in such violations or from engaging in unfair, deceptive, fraudulent or unconscionable conduct. If after the order is made, a written request for hearing is filed with the Director and no hearing is held within thirty days thereafter, the order is rescinded. Any determination or order made after a full hearing by the Director, and any order if no hearing is requested within thirty days shall become a lawfully made final order and thereafter subject to judicial review at law.
(Ord. No. 729-72. Passed 6-26-72, eff. 6-29-72)

643.13     Assurances that Violations Will Cease

(a) In lieu of instituting or continuing an action pursuant to this Code, the Director may accept written assurance of discontinuance of any act or practice in violation of this Code from the person or persons who have engaged in such acts or practices. Such assurance may include stipulation for payment by the violator for the costs of investigation by the Director and may also include a stipulation for the restitution by the violator to the consumers of money, property or other things received from them in connection with a violation of this Code, including money necessarily expended in the course of making and pursuing a complaint to the Director. All settlements shall be made a matter of public record.

(b) Violation of an assurance entered into pursuant to this section shall be treated as a violation of this Code, and shall be subject to all the penalties provided therefor.
(Ord. No. 729-72. Passed 6-26-72, eff. 6-29-72)

643.14     Conflict with Other City Ordinances

In the event of a conflict between any provision of this Code and any other ordinances of the City, the provisions of this Code shall prevail with the exception of ordinances whose standards are more restrictive than those set out in this Code.
(Ord. No. 729-72. Passed 6-26-72, eff. 6-29-72)

643.15     Effect on Other Remedies

The remedies in this Code, are in addition to remedies otherwise available for the same conduct under federal, state or local law.
(Ord. No. 1345-01. Passed 12-10-01, eff. 12-19-01 without the signature of the Mayor)

643.99     Penalty

(a) No person shall violate or participate in the violation of any of the provisions of this Code or rules and regulations promulgated pursuant thereto.

(b) Whoever violates any provision of this Code, for which no penalty is otherwise provided and for which state law does not apply an exclusive civil penalty, shall be fined not less than five hundred dollars ($500.00), nor more than two thousand dollars ($2,000.00) or imprisoned for not more than six months or both. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.

(c) In addition to the above penalties any person who violates any provision of this Code or any rules or regulations promulgated pursuant thereto shall be subject to an order of a court of competent jurisdiction when appropriate in granting equitable relief to insure justice with regard to the transaction which is the subject of the violation of this Code or any rule or regulation promulgated pursuant thereto.

(d) In addition to the penalties and remedies above, any person aggrieved by any violation of this Code may pursue remedies authorized by Section 643.11 of this Code.
(Ord. No. 1345-01. Passed 12-10-01, eff. 12-19-01 without the signature of the Mayor)