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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.
Each public weighmaster licensed under the provisions of this Article shall provide his own scales, which shall be of a kind or pattern approved by the Inspector of Weights and Measures, and each such public weighmaster shall keep his scales properly adjusted and repaired at his own expense. It shall be the duty of each public weighmaster to have such scales inspected by the Inspector of Weights and Measures at least once every six (6) months and oftener if required.
Public weighmasters or deputy weighmasters shall by virtue of their licenses, be entitled to weigh only over the scale designated in any such license. Every public weighmaster acquiring a new scale after the issuance of his public weighmaster's license and desiring to weigh over such scale shall notify the Village Clerk of the location of such additional scale and thereupon such new location shall be entered by the Village Clerk on the original application for public weighmaster, and the Inspector of Weights and Measures shall be notified by the Village Clerk of such additional scale. If any public weighmaster changes the location of any scale, he shall immediately notify the Inspector of Weights and Measures and secure a transfer of such license for such new location, which transfer shall be issued for the regular transfer fee and without further bond or license fee; provided, however, that any public weighmaster shall have the right, at any time after the appointment of a deputy weighmaster by him, to assign such deputy to weigh over any scale owned by him, the location of which is set forth in his license application or his supplementary license application.
Public weighmasters owning scales suitable for weighing commodities loaded in wagons, trucks or other vehicles shall weigh any commodity, produce or articles of merchandise loaded in any wagon, truck or other vehicle when requested to do so by the person bringing the same to the scale of such weighmaster; public weighmasters owning scales suitable for weighing commodities in amounts or quantities less than load lots when not contained in any wagon, truck or other vehicle, shall weigh any such, commodity when requested to do so by any person bringing the same to the scale of such weighmaster.
Each public weighmaster shall be present at his scale, either in person or by deputy, at all reasonable times during each day, except Sundays and public holidays; provided, however, that if requested to do so upon any day preceding any such Sunday or public holiday, the public weighmaster shall be present or cause a deputy weighmaster to be present at such scale on the succeeding Sunday or public holiday; provided further, that the person requesting such weighmaster to be present at his scales on any Sunday or legal holiday shall be required to deposit with such public weighmaster the sum of ten dollars ($10.00), which sum shall be the minimum reimbursement to such weighmaster for his services in weighing commodities on his scale on any Sunday or public holiday.
Public weighmasters, when not the owners or sellers of the articles, commodities or produce weighed by them, shall be entitled to charge and receive a sum not in excess of twenty five cents ($.25) for each and every load or part of a load (or lesser quantity when not contained in any wagon, truck or other vehicle), of any commodity, produce or articles of merchandise weighed by them over the scales of the public weighmasters.
Each public and deputy weighmaster shall procure a seal, at his own expense, which seal shall be round in form not to exceed one and one-quarter inch (11/4") in diameter of a type similar to a notary public's seal. The seal of a public weighmaster shall show his name around the upper half (1/2) of the dies and his title around the lower half (1/2) of the dies. The seal of a deputy public weighmaster shall have the name of the weighmaster who appointed him around the upper half (1/2) of the dies, with his own name across the center of the dies and his title around the lower half (1/2) of the dies. Such seal shall be stamped over the weights set forth therein upon each certificate issued by such public or deputy weighmaster. No deputy weighmaster shall use his seal on any weight certificate other than the one of the public weighmaster by whom he has been appointed.
No deputy weighmaster shall be authorized to weigh or issue certificates for any weighing done on any scale other than those the location of which appear on the license of the public weighmaster appointing him or such additional ones as may be installed after the application has been made, as provided for in this Article; provided, however, that in a case of an emergency caused by the breaking down or getting out of order of the scale of the public weighmaster, he shall, pending the repairing and resealing of such scale be authorized to weigh on another different scale upon the public weighmaster appointing him assuming responsibility for the accuracy of the scale so used.
Each public weighmaster shall issue a weight certificate, signed by him or his deputy, under his official seal, which certificate shall state thereon the following: The commodity, produce or articles weighed; the date; the name of the weighmaster or deputy weighmaster who did the weighing; the name and address of the person for whom the weighing was done; the name of the driver of the vehicle bringing such commodity, produce or articles to the scales, or if the same is not contained in a vehicle, the name and address of the person bringing the same to the scales; where contained in a vehicle, the kind of vehicle and the name and address of the purchaser or consignee of the commodity weighed; when the commodity is loaded in a vehicle, the total or gross weight of the commodity weighed and the conveyance in which it is loaded, together with the driver and any other person who may be on the vehicle when weighed, the tare weight or the weight of the vehicle, including the driver and any other person who may have been on the vehicle when weighed while loading; the net weight of the commodity, produce or article contained in such vehicle, or the net weight of the commodity, produce or article when not contained in a vehicle at the time of weighing. In no case shall any public weighmaster state in his certificate the tare weight of any vehicle until after he shall have weighed the vehicle in such a manner as to secure the weight as specified herein; provided, however, that in the case of a divided load, by which is meant a load containing more than one order for the same or different purchasers or consignees, no penalty shall be imposed under this Article by reason of the fact that the tare weight shown on the weight certificates is only the original tare weight of the vehicle and equipment before loading if in such case each order has been weighed separately and the net weight of each separate order or delivery is correctly shown on the weight certificate and such correct net weight is delivered.
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