28-1-2: INSPECTIONS ARE COMPULSORY:

Every person using weights, measures, scale beams, patent balances, steelyards or any instrument in weighing or measuring any article intended to be purchased or sold in the Village, or any article weighed or measured for shipping or receiving purposes, or in weighing or measuring any person or animal, for hire or reward, shall cause the same to be inspected and sealed by the state department of agriculture in accordance with the provisions of this chapter. (See section 28-2-1 of this chapter for appointment of inspector of Weights and Measures.) (Ord. 2009-0-059, 9-8-09)

28-1-3: PEDDLERS:

All peddlers using scales, balances, weights or measures within the Village shall obtain required certificates from the state department of agriculture, before any use is made thereof, and have the same sealed and adjusted annually. Any such person failing to comply with the provisions of this section shall be punished as provided by state statute for each offense, and a separate and distinct offense shall be regarded as having been committed each and every day such person shall use such scales, balances, weights or measures without having the same adjusted and sealed as hereinafter provided. (Ord. 2009-0-059, 9-8-09)

28-1-4: CERTIFICATE REQUIRED:

Any person who shall, in weighing or measuring any article for purchase or sale, or for weighing in or weighing out, within the Village, use any weight, measure, scale beam, patent balance, steelyard or other instrument, or who shall maintain or operate any weight, measure, scale beam, patent balance, steelyard or other instrument, whether automatic or otherwise, used for the purpose of weighing or measuring any person or animal, for hire or reward which has not been sealed or for which the aforesaid certificate has not been obtained from the state department of agriculture as required by this chapter shall be punished as provided by state statute. (Ord. 2009-0-059, 9-8-09)

28-1-5: USE OF INCORRECT OR FAULTY MEASURES OR SCALES:

If any person shall use, maintain or operate in the Village in weighing or measuring as aforesaid, any weight, measure, scale beam, patent balance, steelyard or other instrument, which shall not be in conformity to the standard of this state, or shall use in weighing, as aforesaid, any scale beam, patent balance, steelyard or other instrument, which shall be out of order or incorrect, or which shall not balance, he shall be punished as provided by state statute. (Ord. 2009-0-059, 9-8-09)

28-1-6: REFUSAL TO EXHIBIT FOR EXAMINATION:

No person shall refuse to exhibit any weight, measure, scale beam, patent balance, steelyard or other instrument, to the state department of agriculture for the purpose of being inspected and examined. (Ord. 2009-0-059, 9-8-09)

28-1-7: SALE OF PRODUCTS TO BE BY NET WEIGHT OR NUMERICAL COUNT:

All vegetables, vegetable products, meats and nonliquid animal products, butter, cheese and other similar dairy products, sold or offered for sale within the Village for delivery within the Village shall, in the absence of a contract or agreement in writing to the contrary signed by the parties thereto, be sold by standard avoirdupois net weight or by numerical count; provided, however, that seeds, grain, flour, meal and other cereals or cereal products and vegetable roots, which by common custom in the Village are sold by the bunch, and commodities in original packages shall not be included in the provisions of this section.

The term "original packages" as herein used, shall be taken to mean packages in which commodities have been packed before shipping by the grower, producer or original packer thereof, and the contents of which have not been disturbed or diminished, except for the purpose of ripening or of replacing spoiled goods. (Ord. 2009-0-059, 9-8-09)

28-1-8: SALE OF BERRIES AND OTHER FRUITS:

All fresh berries, cherries, currants and other small fruits sold or offered for sale in the Village 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 uniform size baskets, boxes or other receptacles containing one quart, one pint or one-half (1/2) pint standard dry measures, or multiples thereof, and in no other way. Such receptacles shall be uniformly and evenly filled throughout. Baskets, boxes or other receptacles in which or out of which, such berries, cherries, currants or 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 a sample basket, box or other receptacle in which, or out of which, such berries, cherries, currants or other small fruits are sold or offered for sale. (Ord. 2009-0-059, 9-8-09)

ARTICLE 2 INSPECTOR OF WEIGHTS AND MEASURES

SECTION:

28-2-1: Duties Performed By Village Clerk

28-2-2: Annual Inspection; Seal And Certificate Of Accuracy; Table Of Tolerances

28-2-3: Register To Be Kept

28-2-4: Reports Of Violation Of Chapter

28-2-5: Sale Of Weights And Measures Prohibited

28-2-6: Police Powers Generally; Right Of Entry

28-2-7: Power To Arrest And Seize Property

28-2-8: Condemnation, Adjustment And Seizure Of Incorrect Weights And Measures

28-2-9: Inspection Fees; Schedule

28-2-10: Inspection Fees; Limitation

28-2-11: Inspection Fees; Disposition, Report To The Village Manager

28-2-12: Resignation Or Removal From Office

28-2-13: Interference, Impersonation Prohibited

28-2-1: DUTIES PERFORMED BY VILLAGE CLERK:

The Village Clerk is made the Inspector of Weights and Measures and shall be responsible for all duties required by this chapter, the statutes of the state and the regulations of the director of insurance of the state. Deputy inspectors may be appointed by the Clerk to perform the duties set forth in this article. (1981 Code)

28-2-2: ANNUAL INSPECTION; SEAL AND CERTIFICATE OF ACCURACY; TABLE OF TOLERANCES:

It shall be the duty of the Inspector of Weights and Measures to inspect and examine not less than once in each year all weights, measures, scale beams, patent balances, steelyards and other instruments used for weighing and measuring in the Village and to stamp with a suitable seal all weights, scales, measures and weighing and measuring devices so used which are found accurate, and deliver to the owner thereof a certificate of their accuracy. The Inspector shall also provide a table of tolerances and specifications in conformity with those approved by the national bureau of standards. Any person who shall wilfully remove, destroy or in any manner erase any stamp or seal of inspection from any scale, weight or measure shall be punished as provided in section 1-1-5 of this code. (1981 Code)