4-276-020 Inspection fees.

   (a)   Before the delivery of certificates provided for by this chapter, the commissioner shall charge and receive inspection fees as set by rules and regulations promulgated by the commissioner pursuant to subsection (b) of this section for the following services:

      For inspecting and sealing scales;

      For inspecting and sealing hopper scales;

      For inspecting and sealing two-bushel, one-bushel and half-bushel measures;

      For inspecting and sealing any other dry measures;

      For inspecting and sealing every automatic weighing machine or other similar device;

      For inspecting and sealing liquids measures;

      For inspecting and sealing any automatic machine used for measuring liquids;

      For inspecting and sealing yard measures;

      For inspecting and sealing any linear measure;

      For inspecting and sealing any tape line;

      For inspecting and sealing any automatic machine used for lineal measuring;

      For inspecting and sealing any automatic pump used for measuring gasoline, oils, etc.;

      For measuring a quantity of coal or wood and issuing a certificate of approximate measure or weight of same;

      For weighing or measuring any other commodity and issuing a certificate of weight or measure;

      For inspecting and sealing gasoline and fuel oil tank trucks, wagons or trailers; and

      For inspecting and sealing any meter used for measuring gasoline, oils, etc.

   (b)   The commissioner shall promulgate rules and regulations setting the fees for the inspections and sealings of the weights and measuring devices specified in subsection (a) of this section. The commissioner shall give public notice of proposed rules or regulations setting fees a minimum of 10 business days prior to the effective date of such rules and regulations in one or more newspapers of general circulation. Such public notice shall include information concerning where the rules or regulations can be reviewed and where comments may be directed. Such fees shall be based on the city's reasonable costs of administration, and such reasonable administration costs shall be documented by the commissioner every time any fee is changed.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 11-17-93, p. 42192; Amend Coun. J. 11-10-94, p. 59125; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 3-9-11, p. 113698, § 1)

4-276-030 Limitations on fees.

   It shall not be lawful for the commissioner to make charges for inspecting and examining weights, measures, scale beams, patent balances, steelyards or other instruments used for weighing, more than once in each year unless such weights, measures, scale beams, patent balances, steelyards, or other instruments used in weighing and measuring shall be found to be not conformable to the said standards set forth in rules and regulations promulgated by the commissioner.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1)

4-276-040 Incorrect measures.

   If any person shall use, maintain or operate in the city, in weighing or measuring any weight, measure, scale beam, patent balance, steelyard or other instrument which shall not be conformable to the standard of this state, or shall use in weighing, any scale beam, patent balance, steelyard or other instrument which shall be out of order or incorrect, or which shall not balance, such person shall be fined for every such offense not less than $50.00 nor more than $200.00.

   In every case where the said inspector may, at the request of the owner or person in possession or control of any scale, weight or measure, employ labor or material in making such scale, weight or measure accurate, the department shall charge and receive from such owner or person, for the use of the city, a just and reasonable compensation for such labor and material.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1; Amend Coun. J. 5-9-12, p. 27485, § 137; Amend Coun. J. 11-8-12, p. 38872, § 130)

4-276-050 Condemned instruments.

   Any weight, measure, scale, beam, patent balance, steelyard or other instrument used for weighing that does not conform to the standard of this state shall be marked "condemned", and the owner thereof shall within ten days thereafter have the same property adjusted and sealed, or be subject to a penalty of not more than $10.00; and the department may, at any time after the expiration of the time aforesaid, seize and destroy any and all such condemned weights, measures, scale beams, patent balances, steelyards and other instruments used for weighing found in use.

(Added Coun. J. 12-9-92, p. 25465)

4-276-060 Reserved.

Editor's note – Coun. J. 3-9-11, p. 113698, §2, repealed § 4-276-060, which pertained to the register of instruments.

4-276-070 Peddlers' scales.

   All itinerant peddlers and hawkers using scales, balances, weights or measures shall take the same to the office of the commissioner before any use is made thereof and have the same sealed and adjusted annually; and any such person failing to comply with the provisions of this section shall be regarded as having committed a separate and distinct offense each day such person shall use such scales, balances, weights or measures without having the same adjusted and sealed as hereinbefore provided.

   Any itinerant peddler or hawker found using any ice scale shall be subject to a fine of not less than $10.00 nor more than $50.00 for each offense.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1)

4-276-080 Pumps and liquid measuring devices.

   Any person owning, operating or using any automatic or mechanical pump or liquid-measuring device for the purpose of measuring any liquid commodity to be sold or offered for sale within the city shall provide proper tested standard measures, and shall each day before making the first sale in the morning, and always before commencing to sell a new supply of liquid, test the accuracy of the device so in use.

   No person shall use such automatic or mechanical pump or device without first having obtained a certificate of approval from the department as provided in Section 2-25-050(b)(27) of this Code, nor shall any person use any such automatic or mechanical pump device that is incorrect or defective.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1)