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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.
Each public weighmaster shall keep and preserve a carbon copy of each weight certificate issued which collectively shall be an accurate record of all weighing performed by him or his deputies. Such weight certificates shall be numbered and all certificates must be accounted for, and the records shall be retained and preserved by such public weighmaster for a period of at least two (2) years after the weighing is performed. Such records shall be open to inspection by the Inspector of Weights and Measures and any deputies and to members of the Police Department.
A certificate of weight for each load of any commodity, produce or articles of merchandise issued by such public weighmaster, shall be delivered by the driver or person in charge of the wagon, truck or other vehicle used in the delivery, to the purchaser or consignee of such load, or to his agent, at the time of the delivery, and before any of the commodity, produce or other article of merchandise is removed from the vehicle, or such certificates shall be delivered to the Inspector of Weights and Measures, or any deputies upon demand. When delivery is made, in case no person is present to receive such commodity, produce or article of merchandise, and if the purchaser or consignee, or his agent, cannot be located, then the memorandum or certificate of weight hereinbefore provided for shall be posted conspicuously at the place of delivery, before any of the commodity, produce or article of merchandise is removed from the vehicle.
No person shall alter any certificate of any Village weigher, or use or attempt to use the same for any other load or parcel than the one for which the same was given, nor after the weighing and before the sale and delivery of any load or parcel, diminish the quantity thereof.
Any public weighmaster or any deputy public weighmaster who shall issue a certificate of weight giving a false weight of any article or commodity weighed by him, to any person shall be punished as provided in Section 1-1-5 of this Code, and upon conviction hereunder, the Board of Trustees, in its discretion may cancel the license of such weighmaster or deputy weighmaster, and may thereafter, in its discretion, refuse to issue a license to such weighmaster or deputy weighmaster in the same or succeeding year. Any fine imposed against such public weighmaster or deputy weighmaster may be enforced against his surety under the bond furnished by such weighmaster or deputy weighmaster.
Any person that shall request any public weighmaster or deputy weighmaster to weigh any commodity, produce or articles of merchandise falsely or incorrectly, or that shall request a false or incorrect certificate of weight, shall be punished as provided in Section 1-1-5 of this Code.
In any case where a person as a public weighmaster has weighed any load lot of any commodity, produce or articles of merchandise sold in load lots by weight which has been or will be sold or delivered by such same person or by any person directly or indirectly interested with such person in the operation of his public scale, it shall be the duty of such person delivering such load and of the driver or person in charge of the vehicle used in the delivery thereof, upon the request of the Inspector of Weights and Measures or of any of his deputies, or the consignee or purchaser, to convey such load to some scale selected by the Inspector of Weights and Measures or such deputy or such consignee or purchaser and permit the weighing of the gross weight of such load, and after the delivery of such load to return forthwith with the vehicle and equipment used in the delivery thereof to the same scale and permit the ascertaining of the tare weight for the purpose of verifying the net weight of such load as shown by the weight certificate but only on the following conditions:
A. That the scale thus selected shall be some public or private scale which has been duly inspected and sealed by the Inspector of Weights and Measures in the Village where the delivery is to be made or the demand for reweighing is made and in no case farther than one mile therefrom unless there is no adequate scale available for the purpose within one mile.
B. That if such person delivering such load, or such driver or other person in charge of the vehicle used in the delivery thereof so demands, such load, in addition to being weighed on the scale thus selected as aforesaid, shall be weighed on the scale of the public weighmaster where it was originally weighed or on any scale, public or private, which has been duly inspected and sealed by the Inspector of Weights and Measures, other than that so selected, in the particular locality where the request is to be made and in no case farther than one mile therefrom.
In any case where the person selling or delivering any load lot of any commodity, produce or articles of merchandise sold in load lots by weight has not as a public weighmaster, weighed such load lot, and has caused such load lot to be weighed by another person licensed as a public weighmaster, and is not interested directly or indirectly with such other public weighmaster in the operation of such public weighmaster's scale, it shall be the duty of the person delivering such load and of the driver or person in charge of the vehicle used in the delivery thereof, upon the request of the purchaser or consignee, or the Inspector of Weights and Measures or of any deputies, to convey such load to some scale selected by such purchaser or consignee, or by the Inspector of Weights and Measures or such deputy, and permit the weighing of the gross weight of such load, and after the delivery of such load, to return forthwith with the vehicle and equipment used in the delivery thereof to the same scale and permit the ascertaining of the tare weight for the purpose of verifying the net weight of such load as shown by the weight certificate but only on the following conditions:
A. That the Inspector of Weights and Measures or deputy, the purchaser or consignee making such request shall have followed such load or shall have kept it in view from the location of the scale where such load was originally weighed by the public weighmaster to the point where such request is made.
B. That the scale thus selected shall be some public or private scale which has been duly inspected and sealed by the Inspector of Weights and Measures and shall be located in the vicinity of the point where such request is made, and in no case farther than one mile therefrom unless there is no adequate scale available for the purpose within one mile.
C. That if such person delivering such load or such driver or other person in charge of the vehicle used in the delivery thereof so demands, such load, in lieu of being weighed on the scale thus selected as aforesaid, shall be weighed on the scale of the public weighmaster where it was originally weighed, or on any scale, public or private, which has been duly inspected and sealed by the Inspector of Weights and Measures other than that so selected, located in the vicinity of the point where such request is made, and in no case farther than one mile therefrom.
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