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Any person selling and delivering or attempting to deliver any load lot of anycommodity, produce or articles of merchandise sold in load lot by weight, delivered by wagon, truck or other vehicle within the Village, of a quantity less than that called for by the delivery ticket, or any public weighmaster or deputy who shall provide the driver or person in charge of the vehicle used in the delivery thereof, or the person making or attempting to make delivery thereof, with a certificate or memorandum which does not give the result of the actual weighing of such load lot, and any driver or person in charge of such delivery who shall fail, neglect or refuse to deliver to the Inspector of Weights and Measures or any deputies upon demand, the aforesaid public weighmaster's certificate before such load or any part thereof is removed from the vehicle, or who shall refuse to comply with a lawful request to reweigh the same in order that the weights stated in such certificate may be verified shall, upon conviction thereof, be punished as provided in Section 1-1-5 of this Code; provided, that whenever the reweighing is done on a scale other than the scale on which the weighing was originally done a variance of one percent (1%) or less in the net weight of a load lot between the net weight as set forth in the public weighmaster's certificate and the net weight as ascertained by reweighing such load shall not be considered a violation of this Article.
ARTICLE 4
SOLID FUELS
SOLID FUELS
SECTION:
28-4-1: Definitions
28-4-2: Sale by Avoirdupois Weight Required
28-4-3: Delivery Tickets; Required; Contents; Delivery to Purchaser
28-4-4: Delivery Tickets; Required of Peddlers; Delivery to Purchaser or Village Inspector
28-4-5: Delivery Tickets; Production Required on Demand
28-4-6: Verification of Weight
28-4-7: Mixing Solid Fuel
28-4-8: Penalty for Violation
The following words and phrases shall have the meanings, and are hereby defined, as follows:
AVOIRDUPOIS: The ordinary system of weights of the U.S. in which sixteen (16) ounces avoirdupois make a pound.
SOLID FUEL: Solid fuel shall mean any anthracite, semianthracite, bituminous, semibituminous or lignite coal, briquettes, boulets, coke, gashouse coke, petroleum coke, petroleum carbon or any other manufactured or patented fuel not sold by liquid or metered measure.
HUNDRED WEIGHT: Hundred weight shall mean one hundred (100) pounds avoirdupois.
TON: Ton shall mean twenty (20) hundred weights.
Any person engaged in the business of selling or selling and delivering solid fuel in the Village shall provide the driver of the wagon, truck or other conveyance with one separate delivery ticket for each kind, grade and size of solid fuel contained on the wagon, truck or other conveyance. Such ticket shall bear the name of the person selling such solid fuel, the gross weight, the tare and the net weight of each kind, grade or size of solid fuel, and the name and address of the purchaser of such solid fuel, or the person to whom same is to be delivered, which delivery ticket shall be delivered by the driver in charge of the wagon, truck or other conveyance to each purchaser, his agent or representative, or to the person to whom delivery is be made, at the time of the delivery of the fuel and before such fuel or any part thereof is removed from such wagon, truck or other conveyance.
In the event that solid fuel is sold or offered for sale by a peddler, or by a dealer making sale or delivery in any other manner than by wagon, truck or other conveyance, such peddler or dealer, shall deliver to the purchaser or intending purchaser, or his agent or representative, or the person to whom delivery is to be made, before the delivery of such fuel or any part thereof, or to the Inspector of Weights and Measures of the Village upon his demand, a delivery ticket bearing the name of such peddler or dealer, his license number if a peddler or name and address if a dealer, and showing the net weight, and the kind, grade and size of the fuel sold or offered for sale.
Every such person shall, on demand of the Inspector of Weights and Measures of the Village, or any deputies, or the purchaser or intended purchaser or his agent or representative, or the person to whom the delivery is to be made, produce and deliver such ticket to such officer, or to the purchaser or intended purchaser, or his agent or representative, or to the person to whom delivery is to be made.
Whenever such officer or any deputies, or the purchaser or intended purchaser, or his agent or representative, or the person to whom delivery is to be made, shall demand that the weights shown by such ticket be verified, it shall thereupon become the duty of the person delivering such fuel to convey the same forthwith to some public scale selected by the Inspector of Weights and Measures of the Village or any deputies, or the purchaser or intended purchaser of the fuel being delivered, or his agent or representative, or the person to whom delivery is to be made, in the village where the solid fuel is to be delivered, or to any private scale if the particular locality where the owner thereof shall consent to such use, and permit the weighing of the solid fuel, together with conveyance and equipment, for the purpose of ascertaining the gross weight thereof, and shall, after the delivery of such fuel, return forthwith with the conveyance and equipment used in the delivery of such solid fuel to the same scale and permit the weighing of the conveyance and equipment for the purpose of verifying the net weight of the solid fuel, as shown by the ticket; provided, however, that if such person requests the privilege of reweighing such solid fuel conveyance and equipment on another and different scale from that selected by the Inspector of Weights and Measures of the Village or any deputies, or the purchaser or intended purchaser or his agent, or representative, or the person to whom delivery is to be made, the Inspector of Weights and Measures or deputy, or the purchaser or intended purchaser or his agent or representative, or the person to whom the delivery is to be made, shall consent to such weighing on some other scale in the particular locality.
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