(a) When necessary for the enforcement of the weights and measures codes, the Commissioner shall and is hereby:
(1) Authorized to enter any commercial premises during normal business hours, except that in the event such premises are not open to the public.
(2) Empowered to issue violations, and condemned from use orders with respect to any weights and measures commercially used, and issue violations and off sale orders with respect to any packaged commodities or bulk commodities kept, offered, or exposed for sale.
(3) Empowered to seize, for use as evidence, without formal warrant, any incorrect or unapproved weight, measure, package, or commodity found to be used, retained, offered, or exposed for sale or sold in violation of the provisions of this chapter.
(b) It shall be the duty of the Commissioner, and said Commissioner is authorized and required, to test all weights and measures in the fee schedule used commercially in the City of Cleveland at least once each calendar year, or as often as deemed desirable by said Commissioner. If said Commissioner shall have found the same to be correct, according to the standards established by the Department of Agriculture of the State of Ohio, he or she shall seal and mark the same with a seal which includes the date of the inspection.
(c) The Commissioner has the authority to initiate legal action for the purpose of enforcing the provisions of this chapter. All legal actions initiated by the Commissioner to enforce the provisions of this chapter shall be brought by the Director of Law upon request of the Commissioner. In addition to filing criminal charges, as provided for in this chapter, actions may be brought for injunctive relief in any court of competent jurisdiction restraining any person from violating any provision of this chapter.
(Ord. No. 1668-91. Passed 10-21-91, eff. 10-28-91)