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STANDARDS OF OPERATION
To determine the accuracy and correctness of weights and measures, there is hereby adopted the standard of all weights and measures as fixed by the government of the United States. All weights and measures inspected and examined by the City Sealer shall be compared as to correctness and accuracy thereof with the standard so fixed by the government of the United States, and none shall be deemed to be correct or accurate unless they agree with the standard so fixed by said government of the United States. The City Sealer, under the supervision of the City Council, may from time to time procure necessary copies of all weights and measures from the government of the United States to enable him to perform the duties of his office. He may have such assistance as the Council may from time to time provide
('71 Code, § 1-32-3)
No person shall use or cause, suffer or permit, to be used in the city, any weights or measures that are inaccurate or false according to the standards herein fixed, and if they are found incorrect, inaccurate or false, he shall make or have the same made accurate or correct, or else destroy or so dispose of the same that they will not be further used.
('71 Code, § 1-32-7) Penalty, see § 10.99
(A) The owner or person in control of any weights and measures may have the same inspected, stamped or sealed hereunder, and for that purpose shall make application to the City Sealer therefor, who shall thereupon make such inspection in accordance with the provisions of this chapter.
(B) Whenever any purchaser of any article or thing that has been weighed or measured feels himself aggrieved or believes that such weights or measures were inaccurate or incorrect, he may apply to the City Sealer to have the same inspected hereunder and deposit with said City Sealer the fee therefor as herein provided, and it shall then be the duty of the City Sealer to make the inspection of such weight or measure complained of.
(C) If upon such inspection of such weight or measure he finds the same accurate and correct, the person so making application for such inspection, and depositing the fee therefor, shall pay for such inspection, and the City Sealer is hereby authorized to retain the fee so deposited with him. If, however, upon such inspection, such weight or measure is found to be incorrect, inaccurate or false, the person or corporation so owning or controlling or using the same, shall pay for such inspection. It shall be unlawful for any person to use any weight or measure in the city that has not been first inspected, stamped or sealed and a certificate of its accuracy and correctness issued and delivered as herein provided.
('71 Code, § 1-32-8) Penalty, see § 10.99
Every peddler, hawker, itinerant merchant and transient vendor of merchandise plying his trade in the city, and using any weights or measures, shall have such weights and measures inspected, stamped or sealed in accordance with the provisions of this chapter; and it shall be unlawful for any peddler, hawker, itinerant merchant or transient vendor of merchandise to use any weights or measures in the city unless they are so first inspected, stamped or sealed, and a certificate of their accuracy and correctness issued and delivered as in this chapter provided. No license held by any such person from the city to ply such trade or calling shall prevent or be construed to interfere with the operation of this section.
('71 Code, § 1-32-9) Penalty, see § 10.99
(A) Every person selling ice or offering ice for sale shall at the time of delivery of any ice sold, weigh the quantity of ice delivered, and for that purpose shall be provided with a steelyard balance or other apparatus for weighing such ice, which shall have been duly adjusted and sealed by the City Sealer in accordance with the provisions of this chapter; and all ice sold within the city shall be sold by avoid upon weight, unless it is otherwise especially agreed in writing upon between the buyer and seller.
(B) No person shall sell any potatoes in the city except by standard weight as herein provided.
(C) All fresh berries, cherries, currants and other small fruits, sold or offered for sale in the city, shall, in the absence of a special agreement in writing signed by the parties thereto to the contrary, be sold by Standard Avoirdupois Net Weight, numerical count or in uniform size baskets, boxes or other receptacles containing one quart, one pint or one-half pint standard dry measures, or multiples thereof, and in no other way, and the said receptacles shall be uniformly and evenly filled throughout. Said baskets, boxes or other receptacles in which or out of which, such berries, cherries, currants and other small fruits are sold or offered for sale, shall not be required to be tested and sealed, but the Inspector of Weights and Measures, or any of his deputies, may at any time test the capacity of the basket, box or other receptacle in which, or out of which said berries, cherries, currants or similar small fruits are sold or offered for sale.
(D) No person shall sell any bread by the loaf in the city unless the loaf or loaves of bread weigh 12 ounces or more.
(E) No person shall sell any apples or bananas in the city except by standard weight as herein provided.
(F) Nothing herein contained shall be so construed as to prohibit the sale of fruits or vegetables by numerical count, except as otherwise provided herein.
('71 Code, § 1-32-12) Penalty, see § 10.99
No person shall sell or offer for sale any fruit, vegetables, berries or any article of dry measurement in the city, or measure the same in anything but a legal dry measure of the standard herein required, and fixed and inspected, sealed or stamped and a certificate of its accuracy and correctness issued and delivered as in this chapter required, and no person shall practice deceit or fraud in the sale of wood, coal, hay, produce, commodity or other article of trade or merchandise or by selling less than 128 cubic feet of wood for a cord or less than 2,000 pounds of anything for a ton.
('71 Code, § 1-32-10) Penalty, see § 10.99
It shall be unlawful for any person to refuse, obstruct or interfere with the City Sealer or his assistants in any manner or way in the performance of his duties hereunder, or to change or alter any; certificate issued by him, or any such stamp or seal affixed to any such weight or measure, or to destroy any such stamp, seal or certificate while the same is in force, or to change any weight or measure or make the same inaccurate, incorrect or false after it has been inspected, stamped or sealed hereunder, or to refuse or obstruct any such inspection herein authorized, or to use inaccurate, incorrect, or false weight or measure, or to sell or offer for sale any property, commodity, article or thing for any standard quality, weight or amount as herein fixed that is in fact less in quality, weight or amount
('71 Code, § 1-32-11) Penalty, see § 10.99
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