Chapter 5-122
WEIGHMASTERS
Sections:
5-122-010 Definitions.
Whenever used in this chapter:
“Hundred weight” means one hundred (100) pounds avoirdupois.
“Solid fuel” means any anthracite, semianthracite, bituminous, semibituminous or lignite coal, briquettes, boulets, coke, gas house coke, petroleum coke, petroleum carbon, or any other manufactured or patented fuel not sold by liquid or metered measure.
“Ton” means twenty hundred weight. (Prior code § 5-53-4)
5-122-020 Appointment.
Any person owning a scale or scales suitable for weighing any commodity, produce or articles of merchandise in load lots, when contained in any vehicle, or in any quantity less than load lots when not contained in any vehicle, shall be eligible for appointment as a public weighmaster upon complying with the provisions of this chapter. (Prior code § 5-53-1)
5-122-030 Application—Bond.
A. Any person owning a scale or scales suitable for weighing as aforesaid, desiring to be licensed as a public weighmaster, shall file an application in writing therefor which shall conform to the general requirements of the sections 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, article 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 or any of his deputies acting under his orders, or the purchaser or consignee shall have the right to reweigh or cause to be reweighed, as provided, load lot of commodity, produce, article 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.
B. Such applicant shall also execute an agreement for the faithful performance of such applicant’s duties as a public weighmaster, and for the payment by such public weighmaster of any fine or fines which may be imposed upon him for any violation of said applicant’s duties as such public weighmaster. Upon compliance with the conditions above stated and upon payment to the collector the sum of one hundred dollars ($100.00) as an annual license fee, the mayor may issue a license authorizing such applicant to act as a public weighmaster. (Ord. 3316 § 2 (part), 2015; Ord. 3221 § 34, 2009; prior code § 5-53-2)
5-122-040 Deputy weighmaster.
Each public weighmaster shall have the power to appoint all necessary deputies to tend to such scales. Each such deputy weighmaster or the public weigh-master appointing him, shall pay to the collector the sum of fifteen dollars ($15.00) for an annual license fee as such deputy weighmaster. (Ord. 1921 (part), 1972; prior code § 5-53-3)
5-122-050 Delivery ticket.
A. Any person engaged in the business of selling, or selling and delivering, of solid fuel shall provide the driver of the conveyance with a separate delivery ticket for each kind, grade and size of solid fuel contained on the conveyance bearing the name of the person selling such fuel, showing the gross weight, the tare and the net weight of each kind, weight or size of solid fuel, and the name and address of the purchaser of said solid fuel, or the person to whom same is to be delivered, which said delivery ticket or tickets shall be delivered by the driver in charge of the conveyance to each purchaser, or his agent or representative or to the person to whom delivery is to be made at the time of the delivery of the fuel and before such fuel or any part thereof is removed from such 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 manner other than by 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 upon his demand, a delivery ticket or tickets 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.
B. Every such person shall, on demand of the inspector of weights and measures or any of his deputies, or the purchaser or intending purchaser or his agent or representative, or the person to whom the delivery is to be made, produce and deliver said ticket or tickets to said officer or to his deputies, or to the purchaser or intending purchaser, or his agent or representative, or to the person to whom delivery is to be made, and whenever said officer or any of his deputies, or the purchaser or intending purchaser or his agent or representative, or the person to whom delivery is to be made, shall demand that the said weights shown by said ticket or tickets 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 or any of his deputies or the purchaser or intending purchaser of the fuel, being delivered, or his agent or representative, or the person to whom delivery is to be made, in the particular locality 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 and equipment for the purpose of verifying the net weight of the solid fuel, as shown by the said ticket or tickets; provided, however, that if such person requests the privilege of reweighing said solid fuel conveyance and equipment on another and different scale from that selected by the inspector of weights and measures, or any of his deputies, or the purchaser or intending purchaser or his agent or representative, or the person to whom delivery is to be made, shall consent to such weighing on some other scale in the particular locality.
C. Every person selling or offering for sale solid fuel shall sell the same by avoirdupois weight, except where otherwise provided by contract. (Prior code § 5-53-5)
5-122-060 Mixing coal.
A. It is unlawful for any person to sell or offer for sale two or more different kinds, grades or sizes of solid fuel which have been mixed in such manner as to prevent purchasers, or intending purchasers, or the inspector of weights and measures or one of his deputies from reweighing separately each kind, size and grade to determine the weight of each kind, size and grade.
B. If two or more different kinds, grades or sizes of solid fuel are loaded on the same conveyance, each kind, grade and size of solid fuel shall be weighed and loaded separately, and shall be placed in bags, separated by partitions, or placed in closed containers, which closed containers shall have legibly stamped upon their sides the actual net weight and the kind, grade and size of each type of solid fuel contained therein; such loading shall be in a manner sufficient that any time during the selling or delivering of such solid fuel, each kind, grade and size of solid fuel may be weighed separately; and the said person selling or delivering said solid fuel shall provide the driver of the wagon, truck, or other conveyance in which the same is transported, with a delivery ticket or tickets made out in conformity with the provisions hereinbefore set forth, and shall also show on all invoices, bills and statements rendered the purchaser, the weight of each separate kind, grade or size of solid fuel so delivered. (Prior code § 5-53-6)
5-122-070 Seal.
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 in diameter of a type similar to a notary public’s seal. The seal of a public weighmaster shall show his name around the lower half of the dies. The seal of a deputy public weighmaster shall have the name of the weighmaster who appointed him around the upper half of the dies, with his own name across the center of the dies, and his title around the lower half of the dies. Such seal shall be stamped over the weights set forth therein upon each certificate issued by such public or deputy weighmaster. (Prior code § 5-53-7)
5-122-080 Certificate.
Every load of any commodity, produce or other article or articles of merchandise sold in load lots by weight, delivered by any vehicle shall be weighed by a public weighmaster. A certificate of weight for each such load, issued by such public weighmaster, shall be delivered by the driver or person in charge of the 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 or articles of merchandise is removed from the vehicle, or such certificate shall be delivered to the inspector of weights and measures or any of his deputies upon his demand.
When delivery is made, in case no person is present to receive such commodity, produce, or other article or articles 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 other article or articles of merchandise is removed from the vehicle. (Prior code § 5-53-8)