555.01 Definitions
555.02 Bureau of Weights and Measures
555.03 Appointment and Duties
555.04 Right to Examine
555.05 Duty of Testing and Sealing
555.06 Record of Tests
555.07 Accessibility for Testing Purposes
555.08 Fees
555.09 Deposits
555.10 Systems of Weights and Measures
555.11 Requirements for the Method of Sale of Commodities
555.12 Technical Requirements for Weights and Measures
555.13 Suitability of Equipment
555.14 Maintenance of Equipment
555.15 Method of Operation
555.16 Position of Equipment
555.17 Information Required on Packages
555.18 Advertising Packages for Sale
555.19 Prohibitions
555.20 Presumptive Evidence
555.21 Reserved
555.22 Reserved
555.99 Penalty for Code Violations
Statutory reference:
Power to regulate weights and measures, RC 715.45
Power to regulate weights and measures, RC 715.45
(a) “Commissioner” shall mean the Commissioner of the Division of Assessments and Licenses or any of said Commissioner’s assistants duly authorized to perform the duties of such officer.
(b) “Correct” shall mean conformance to all applicable requirements of this code.
(c) “Package” shall mean any commodity put up or packaged in any manner in advance of sale in units suitable, for either wholesale or retail sale.
(d) “Person” shall mean any individual, partnerships, corporations, companies, societies, and associations, or their legal representatives, agents, assigns, employees or successors.
(e) “Sale from bulk” shall mean the sale of commodities when the quantity is determined at the time of the sale.
(f) “Seal” shall mean the official stamp of the City of Cleveland, indicating a device has been found to be correct. Such stamp shall include the date and year of the most recent inspection.
(g) “Short-weight packages” shall mean any “standard pack” or “pre-pack commodity” whose net contents is not equal to or exceed the labeled or advertised quantity at the retail outlet.
(h) “Standards” shall mean the standards adopted by the State of Ohio and shall be the test by which all weights and measures shall be compared and determined in the City of Cleveland.
(i) “Weight” as used in connection with any commodity shall mean net weight, except where the label declares that the produce is sold by drained weight, the term means net drained weight.
(j) “Weight(s)” and/or “Measure(s)” shall mean any and all weights and measures of every kind, including any instruments and devices for weighing and measuring and any appliance and accessories associated with any or all such instruments and devices.
(Ord. No. 1668-91. Passed 10-21-91, eff. 10-28-91)
There shall be a Bureau of Weights and Measures located for administrative purposes within the Division of Assessments and Licenses. The bureau is charged with, but not limited to, performing the following functions on behalf of the citizens of the City of Cleveland:
(a) Assuring that weights and measures in commercial service within the City of Cleveland are suitable for their intended use, properly installed, and accurate as to their measurement, and are so maintained by their owner or user;
(b) Preventing unfair or deceptive dealing by weight measure or count in any commodity or service advertised, packaged, sold, or purchased within the City of Cleveland;
(c) Promoting uniformity, to the extent practicable and desirable, between weights and measures requirements of the City of Cleveland and the State of Ohio.
(Ord. No. 1668-91. Passed 10-21-91, eff. 10-28-91)
The Commissioner shall have the power and shall:
(a) Conduct investigations to ensure compliance with this chapter;
(b) Delegate to the appropriate personnel any of the necessary responsibilities for the proper administration of the Bureau of Weights and Measures;
(c) Test at least annually the standards of weight and measure used by any and all commercial businesses within the City of Cleveland and approve the same when found to be correct;
(d) Inspect and test weights and measures kept, offered, or exposed for sale, including equipment failing by reason of special design or otherwise, to fall clearly within one (1) of the particular equipment categories;
(e) Inspect and test, to ascertain if they are correct, weights and measures commercially used:
(1) In determining the weight, measure, or count of commodities or things sold, or offered or exposed for sale, on the basis of weight, measure or count; or
(2) In computing the basic charge or payment for services rendered on the basis of weight, measure, or count.
(f) Hold hearings, subpoena witnesses and relevant information/material, and enter into Assurance Agreements as the Commissioner deems necessary to effectuate this chapter.
(Ord. No. 1668-91. Passed 10-21-91, eff. 10-28-91)
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