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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.
Any person selling and delivering or attempting to deliver any load lot of any commodity, produce or articles of merchandise that has been reweighed on the scale of the public weighmaster on which it was originally weighed at his request, who shall refuse or fail to allow such load to be delivered to the destination it was originally billed or sent to, or who shall fail or refuse to have the load removed from the vehicle used in the delivery thereof, or who shall hinder or obstruct the Inspector of Weights and Measures, or any deputies, from obtaining and ascertaining the net weight of the commodity, produce or articles of merchandise delivered or attempted to be delivered shall, upon conviction thereof, be punished as provided in Section 1-1-5 of this Code.
When any commodity, produce or articles is or are sold subject to public weighmaster's weights, the net weight shown in the weight certificate issued by such public weighmaster shall be taken to be the true net weight of the same, subject to the right of reweighing as herein provided. Net weight, within the meaning of this Article, shall be the actual weight of the commodity, produce or articles excluding the weight of the vehicle, if any, in which it is loaded, and excluding the weight of the driver of such vehicle, if such driver be weighed as part of the tare weight.
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