Any person who, by himself, herself or by his or her servant or agent, or as the servant or agent of another person, performs any of the acts enumerated in this section shall be guilty of a misdemeanor:
(a) Use or have in possession for the purpose of using for any commercial purpose of using for any commercial purpose specified in § 49-6 hereof, sell, offer or expose for sale or hire, or have in possession for the purpose of selling or hiring, an incorrect weight or measure or any device or instrument used or calculated to falsify any weight or measure;
(b) Use or have in possession for current use in the buying or selling of any commodity or thing, or for hire or award, or in the computation of any basic charge or payment for services rendered on the basis of weight or measure, or in the determination of weight and measure when a charge is made for such determination, any weight or measure that has not been tested and sealed by the appropriate authority:
(1) Unless written notice has been given to the appropriate authority to the effect that the weight or measure is available for examination, or is due for re-examination;
(2) Unless permission to use the weight or measure has been received from the appropriate authority; or
(3) Unless the weight or measure has been exempted from sealing or testing requirements by the provisions of § 49-6 hereof or by regulation of the Director issued under the authority of State law.
(c) Dispose of any rejected or condemned weight or measure in a manner contrary to law or regulation;
(d) Remove from any weight or measure, contrary to law or regulation, any tag, seal or marked place thereon by the appropriate authority;
(e) Sell, or offer or expose for sale, less than the quantity he or she represents of any commodity, thing or service;
(f) Taking more than the quantity he or she represents of any commodity, thing or service where, as buyer, he or she furnishes the weight or measure by means of which the amount of the commodity, thing or service is determined;
(g) Advertise, or offer or expose for sale, or sell any commodity, thing or service in a condition or manner contrary to law;
(h) Use in retail trade, except in the preparation of packages put up in advance of sale and of medical prescriptions, a weight or measure that is not so positioned that its indications may be accurately read and the weighing or measuring operation observed from some position which may reasonably be occupied by a customer; or
(i) Violate any provision of this chapter or of the regulations promulgated by the State Director under the provisions of State law for which a specific penalty has not been prescribed.
(Ord. 2143, passed 7-14-1969)