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The Inspector of Weights and Measures shall pay over to the Village Treasurer daily all fees, charges, moneys, emoluments or valuable considerations of any kind whatsoever collected or received by him by reason of, for or on account of the performance by him of the duties of his office; and each such payment shall be accompanied by such documentation as may be required by the Village Treasurer. Each month the Inspector of Weights and Measures shall make a report in writing to the Village Manager which report shall show in detail the number and type of inspections made by the Inspector of Weights and Measures during the month preceding the day of such report.
No person shall in any way or manner obstruct, hinder or molest the Inspector of Weights and Measures in the performance of the prescribed duties of the office, or refuse to weigh or measure any article of merchandise or any other commodity whatsoever in order that the Inspector of Weights and Measures may ascertain the weight or measure of said article of merchandise, or any other commodity whatsoever, which may be sold or offered for sale.
It shall be unlawful for any person to falsely represent that he is a Village Inspector or Deputy Village Inspector of Weights and Measures, or to falsely represent that he is authorized to inspect weights and measures by any public officer when not so authorized, or to demand of any person that his weights or measures shall be produced for inspection when not duly authorized by law to make such inspection, or to use a seal in imitation of the Inspector's seal on weights or measures not officially tested. It shall further be unlawful to persuade persons that it is necessary for them to have additional inspections made that are not required by law, either by making misrepresentations concerning the official inspections required by this Chapter or by any other means.
Any persons violating any of the provisions of this Section shall, upon conviction thereof, be punished as provided in Section 1-1-5 of this Code.
ARTICLE 3
PUBLIC WEIGHMASTERS
PUBLIC WEIGHMASTERS
SECTION:
28-3-1: Eligibility for Appointment
28-3-2: Application for License
28-3-3: Contents of License; Penalty for Violation of Conditions of License
28-3-4: Bond; Issuance of License
28-3-5: Deputy Weighmasters
28-3-6: Duty to Provide Own Scales; Inspections
28-3-7: Change of Location and New Scales
28-3-8: Duty to Weigh Articles Tendered
28-3-9: Attendance at Scales; Compensation for Sunday or Holiday Weighing
28-3-10: Charges for Weighing Generally
28-3-11: Seal Required; Design
28-3-12: Scales to be Used by Deputy
28-3-13: Weight Certificates; Issuance, Contents
28-3-14: Weight Certificates; Recordation
28-3-15: Weight Certificates; Delivery or Posting Before Unloading
28-3-16: Weight Certificates; Alteration
28-3-17: Weight Certificates; Issuance of False Weight Certificates; Penalty
28-3-18: Weight Certificates; Requesting False Weight Certificate; Penalty
28-3-19: Reweighing; Where Weighmaster Weighs Own Commodities
28-3-20: Reweighing; Where Commodities are Not Owned by Weighmaster
28-3-21: Reweighing; Obstructing Prohibited
28-3-22: Meaning of Net Weight
28-3-23: Weighing After License Has Expired
28-3-24: Every Load of Merchandise to be Weighed
28-3-25: Weighing by Others Prohibited
28-3-26: Street Scales
28-3-27: Ice Excluded
28-3-28: Penalty for Violation
Any person owning a scale suitable for weighing any commodity, produce or articles of merchandise in load lots, when contained in any wagon, truck or other vehicle, or in any quantity less than load lots when not contained in any wagon, truck or other vehicle, shall be eligible for appointment as a public weighmaster in the Village upon complying with the requirements of this Article and the regulations of the Director of Public Health.
Any person owning a scale suitable for weighing as provided in the preceding Section, desiring to be licensed as a public weighmaster, shall file an application in writing therefor which shall conform to the general requirements of Chapter 8 of this Code relating to applications for licenses, and shall set forth the location of the place of business for which such license is requested. Such application shall contain, plainly printed thereon the following form of agreement, which shall be subscribed to by the applicant before any license shall be issued thereunder:
"The applicant hereby agrees and consents, as a condition for the issuance of a license hereunder, that in case the applicant as a public weighmaster weighs any load lot of any commodity, produce or articles of merchandise sold in load lots by weight, sold or delivered by the applicant or any person directly or indirectly interested with the applicant in the operation of the public scale of the applicant, the Inspector of Weights and Measures of the Village, or any deputies acting under his orders, or the purchaser or consignee shall have the right to reweigh or cause to be reweighed, as provided in this Article, any such load lot of commodity, produce or articles of merchandise. This condition is accepted by the applicant with the understanding that the same shall, upon the issuance of a license hereunder, at once become binding on him."
The license issued under the provisions of this Article shall contain apt words indicating that the same is issued and accepted subject to the conditions and agreements hereinbefore set forth and contained in the application for same and subscribed by the licensees, when application for such license is made; and the conditions shall upon the issuance of the license at once become binding on the licensee, his agents and employees, who shall conform to the requirements of the same. Any person or corporation who fails to comply with or violates any of the provisions of this Article, or having received a license under the terms and conditions imposed by this Article, fails to observe the conditions so imposed, shall be liable in addition to any other penalty prescribed by law, to be punished as provided in Section 1-1-5 of this Code.
All public weighmasters shall execute a bond in favor of the Village in the sum of two thousand dollars ($2,000.00), with such sureties as may be approved by the Director of Finance, conditioned for the faithful performance of such applicant's duties as a public weighmaster, and for the payment by such public weighmaster of any fine which may be imposed upon him for any violation of such applicant's duties as such public weighmaster.
Upon compliance with the conditions above stated and upon payment of the sum provided in Section 8-2-1 of this Code, the Village Clerk may issue a license authorizing such applicant to act as a public weighmaster.
Each public weighmaster shall have the power to appoint all necessary deputies to tend to the scales, but each such deputy weighmaster shall furnish a bond in the same sum and conditioned in the same manner as that furnished by the public weighmaster. Each such deputy weighmaster or the public weighmaster appointing him, shall pay the sum specified in Section 8-2-1 of this Code for an annual license as such deputy weighmaster. Each public weighmaster appointing any deputy weighmaster shall be answerable for any and all acts of such deputy weighmaster in connection with the weighing of any commodity over the scale of such weighmaster; provided, that such responsibility on the part of the public weighmaster shall not relieve the deputy weighmaster of liability for his own acts. Any public weighmaster shall have the right, at any time after the appointment of a deputy by him, to cancel such appointment, and upon cancelling such appointment, it shall be the duty of such public weighmaster to immediately notify the Inspector of Weights and Measures that the appointment of such deputy has been cancelled, and thereupon such deputy shall cease to have any authority to weigh any commodity on the scales of such weighmaster.
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