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(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)
The Commissioner shall retain in the Bureau of Weights and Measures a permanent record of all tests made. The Commissioner shall keep a daily record of all weights and measures used commercially which have been inspected and tested as provided for in this chapter, along with the location, name of the business and the user/merchandise of said weights and measures.
(Ord. No. 1668-91. Passed 10-21-91, eff. 10-28-91)
A weighing or measuring device shall be so located, or such facilities for normal access thereto shall be provided, that the testing equipment of the weights and measures official, in the amount and size deemed necessary by such official for the proper conduct of the test, may readily be brought to the device by customary means. Otherwise, it shall be the responsibility of the device owner or operator to supply such special facilities, including necessary labor as may be needed to transport the testing equipment to and from the device, as required by the weights and measures official.
(Ord. No. 1241-91. Passed 6-17-91, eff. 6-26-91)
(a) For all inspections required in this section, the Commissioner of Assessments and Licenses shall collect a fee for testing and/or sealing weights and measures. All charges shall conform to the following schedule:
For the sealing of computer scales | $35.00 each |
For the sealing of counter scales | $20.00 each |
For the sealing of pre-package scales | $50.00 each |
For the sealing of spring scales | $20.00 each |
For the sealing of druggist prescription scales | $20.00 each |
For the sealing of overhead beams | $35.00 each |
For the sealing of dormant scales | |
(0 - 2,000 pounds) | $50.00 each |
(2,001 - 5,000 pounds) | $55.00 each |
(over 5,001 pounds) | $65.00 each |
For the sealing of platform scales | |
(0 - 100 pounds) | $30.00 each |
(101 - 400 pounds) | $40.00 each |
(over 401 pounds) | $55.00 each |
For the sealing of timing devices | $40.00 per site |
For the sealing of dryer timing devices | |
(1-15 dryers) | $40.00 |
(16-30 dryers) | $50.00 |
(over 30 dryers) | $65.00 |
For the sealing of car washes, air hoses, vacuums | $10.00 each |
For the sealing of parking time clocks and recorders | $30.00 each |
For the sealing of retail motor fuel dispenser | $30.00 each |
For the sealing of retail kerosene dispenser | $30.00 each |
For the sealing of vehicle tank meters | |
(0-6,500 gallons) | $80.00 each |
(6,501 gallons and up) | $105.00 each |
For the sealing of linear measures, mechanical | $20.00 each |
For the sealing of jewelry scales | $30.00 each |
For the sealing of heavy scales (truck, hopper, crane) | $125.00 each |
For the sealing of scanners | |
(0-3 scanners) | $50.00 per location |
(4 or more) | $110.00 per location |
Prepackage Check Weighing Fee | $35.00 per lot |
For the sealing of bulk fuel rack meters | $80.00 each |
Charge for the time used in work of sealers in special service | $50.00 per hour (or any portion of an hour) per sealer |
(b) If an inspection fee prescribed by this section is not received by the Bureau of Weights and Measures within forty-five (45) days from the date it is due, a penalty of fifty percent (50%) of any fee shall be imposed in addition to the original fee.
(c) No weight and/or measure of any kind shall be tested and/or sealed by the Commissioner unless full payment has been received for any previous testing and/or sealing of the weight and/or measure.
(Ord. No. 684-14. Passed 6-2-14, eff. 6-4-14)
The definitions of basic units of weight and measure, the tables of Weights and Measures, and weights and measures equivalents as published by the National Bureau of Standards are recognized and adopted by the Bureau of Weights and Measures and shall govern weighing and measuring equipment and transactions in the City of Cleveland.
(Ord. No. 1241-91. Passed 6-17-91, eff. 6-26-91)
The Uniform Regulation for the Method of Sale of Commodities as adopted by the National Conference on Weights and Measures and published in National Standards Handbook 130, “Uniform Laws and Regulations”, and supplements thereto or revisions thereof, shall apply to the method of sale of commodities in the City of Cleveland.
(Ord. No. 1241-91. Passed 6-17-91, eff. 6-26-91)
The specifications, tolerances, and other technical requirements for commercial and other weighing and measuring devices, law enforcement, and data gathering, as adopted by the National Conference on Weights and Measures and published in National Bureau of Standards Handbook 44, “Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices”, and supplements thereto or revisions thereof, shall apply to weights and measures in the City of Cleveland except insofar as modified or rejected by the Ohio Revised Code or the Ohio Administrative Code.
(Ord. No. 1241-91. Passed 6-17-91, eff. 6-26-91)
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