CHAPTER 761
Weights and Measures
761.01   Duty of Sealer of Weights and Measures.
761.02   Sealing or marking correct weight.
761.03   Weighing on Sealer's scales.
761.04   Property of Sealer.
761.05   Records and reports.
761.06   Right to enter premises.
761.07   Police power.
761.08   Resisting the Sealer.
761.09   Repairs.
761.10   Testing of measuring and weight devices.
761.11   Marking of devices.
761.12   Position of scales.
761.13   Inspecting and sealing fees.
761.14   False or inaccurate weights.
761.15   Unlawful acts generally.
761.16   State standards.
761.17   Selling by short weight prohibited.
761.18   Weight certificates.
761.19   False weights.
761.20   Measures for fruits and vegetables.
761.21   Duty to notify Sealer.
761.22   Labeling of weights.
761.23   Commodities sold in original packages.
761.24   Persons quoting prices shall quote weight.
761.25   Sale of foodstuffs in used containers.
761.26   Contents of memorandum of sale.
761.27   Ice.
 
761.99   Penalty.
   CROSS REFERENCES
   Power to regulate - see Ohio R.C. 715.45
   Municipal sealer - see Ohio R.C. 733.63 et seq.
   Weights and measures - see Ohio R.C. Ch. 1327
   Sale of coke or coal by weight - see Ohio R.C. 1327.21 et seq.
   Fees of the Bureau of Weights and Measures - see ADM. 109.16 
761.01 DUTY OF SEALER OF WEIGHTS AND MEASURES.
   It shall be the duty of the City Sealer of Weights and Measures, hereinafter referred to as the City Sealer, to test all weights, measures, yardstick, tapelines or other linear measures, beams, steelyards, platform scales, computing scales, gasoline, oil and other measuring pumps, and other machinery or appliances, utensils or receptacles used for weighing or measuring articles or commodities to be bought or sold within the City, at least once in every six months or as often as possible, at the places where the same are used, when practicable to do so, otherwise at the office of the City Sealer during office hours. It shall also be the duty of the City Sealer to inspect and examine from time to time all weights, measures, scales, beams, steelyards, platform scales, computing scales, or other machinery or appliances, utensils and receptacles used for the weighing or measuring of any article or commodity on the public markets of the City.
(Ord. 4799. Passed 12-17-56.)
761.02 SEALING OR MARKING CORRECT WEIGHT.
   If the City Sealer finds the weights and measures referred to in Section 761.01 to be correct, according to the standards established by the Ohio Department of Agriculture he shall seal or mark the same with a seal or stamp, or by pasting a seal thereon, or with a tag showing that the weighing or measuring device has been tested, or in any other manner that he may deem proper. The character or letter and figures to be stamped thereon shall be E.C.S., meaning Elyria City Standard, and the date or year in which it was stamped or sealed shall also be included.
(Ord. 4799. Passed 12-17-56.)
761.03 WEIGHING ON SEALER'S SCALES.
   It shall be the duty of the City Sealer to require any persons within the City, who are selling or delivering or offering to sell or deliver, coal, coke, flour, feed, hay, straw or any other commodity provided for in this chapter, to weigh their coal, coke, flour, feed, hay, straw or any other commodity in the City Sealer's presence upon scales which have been properly tested and sealed by him, within time required of the City Sealer by the Ohio Department of Agriculture, previous to the weighing herein provided.
(Ord. 4799. Passed 12-17-56.)
761.04 PROPERTY OF SEALER.
   The City Sealer shall be held responsible for the safekeeping and good condition of all weights, measures and other articles and records belonging to the City, pertaining to his office, ordinary wear and tear and unavoidable accidents excepted, and for the delivery of same to his successor in office of which he shall take duplicate receipt thereof; one such receipt shall be forthwith filed in the office of the Mayor.
(Ord. 4799. Passed 12-17-56.)
761.05 RECORDS AND REPORTS.
   It shall be the duty of the City Sealer to keep a record of all scales, beams, steelyards, platform scales and other machinery used for weighing or measuring by him, tested, scaled, adjusted, repaired or made to conform to the established standards. He shall also keep a record of all persons whose weights, measures, scales, beams, steelyards, platform scales or other machinery used for weighing or measuring are frequently out of order. This record shall at all times be subject to the inspection of the public and the City Sealer shall at the end of every month file a written report with the Mayor.
(Ord. 4799. Passed 12-17-56.)
761.06 RIGHT TO ENTER PREMISES.
   The City Sealer is authorized to enter any place where coal, coke, flour, feed, hay, straw or other commodity is sold for the purpose of properly inspecting the weight as aforesaid.
(Ord. 4799. Passed 12-17-56.)
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