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HomeMy WebLinkAboutORD 10-YAN ORDINANCE ENTITLED AN ORDINANCE CREATING THE OFFICE OF INSPECTOR OF WEIGHTS AND MEASURES IN THE CITY OF BEAUMONT; PRESCRIBING THE STANDARD OF.WEIGHTS AND MEASURES FOR THE CITY OF BEAUMONT; PRESCRIB- ING INSPECTORS DUTIES; PROVIDING FOR.THE ISSUANCE OF CERTIFICATES OF ACCURACY OF WEIGHING AND MEASUR- ING DEVICES; PROHIBITING THE INSPECTOR FROM VEND- ING ANY WEIGHING OR MEASURING DEVICES; PROHIBITING THE GIVING OF SHORT WEIGHTS OR MEASURES; PROHIBIT- ING THE VENDOR FROM USING WEIGHING AND MEASURING DEVICES UNLESS OFFICIAL SEAL OF INSPECTION IS AF- FIXED THERETO; PROVIDING PENALTY, SEPARABILITY CLAUSE, AND REPEALING ALL ORDINANCES IN CONFLICT THEREWITH. BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS: Section 1. c�S There is hereby created the office of inspector of weights and measures which shall be filled by some suitable person by ap- pointment of the City Manager, subject to the approval of the City Council. Such person shall receive such salary as the City Council may provide. It is further provided, however, that the City may impose the duties herein prescribed upon such officer as it sees fit already in the employ of the City. Section 2. The inspector of weights and measures shall procure through the purchasing agent a complete set of accurate weights and measures and shall cause the same to be tried, proved, sealed and certified to by the official custodian of weights and measures of the State of Texas or by the National Bureau of Standards of the United States. Thereafter such weights and measures shall be the standard of weights and measures for the City and for all vendors therein. The inspector shall be the custodian of such standard set of weights and measures, and the same shall at all times conform to the standard of weights and measures established and prescribed by law. The inspector shall prescribe the amount of tolerance to be allowed on weights and measures. Section 3. -It shall be the duty of the inspector of weights and measures, as soon after his appointment and qualification as possible, not less than one time during each and every year and as much oftener as may in his judgment be necessary to inspect and test the accuracy of all weights, measures, scales, scale beams, balances, steelyards, automatic and computing scales, and all other instruments used in weighing and measuring any articles in- tended to be purchased or sold in said City, and to stamp with a suitable and permanent seal upon which shall appear the year when such inspection shall be made and the letters, B. S. (meaning Beaumont Standard), all such weights and measures so used which he may find do accurately conform to the City standard, and deliver to the owner thereof a certificate of their accuracy. Such weights, measures and scales so sealed shall be described in such certificate with sufficient particularity so that the same may be identified and such certificate shall be signed by the inspector of weights and measured by whom the inspection is made. Section 4. ,It shall be the duty of the inspector to make a register of all weights, measures, scale beams, patent balances, steelyards, and other instruments used for weighing or measuring, inspected and sealed by him, in which he shall state the names of the owners of the same, their addresses, and whether they are conformable to the standard of the City. Section 5. It shall be unlawful for the inspector of weights and measures to vend any weights, measures, scales, scale beams, patent balances, steelyards, automatic computing scales or other instru- ments to be used for the purpose of weighing or measuring, or to offer or expose the same for sale, or be interested, directly or indirectly, in the sale of the same in the City, or to recommend to any person within said City the purchase of any particular person, of any of the aforesaid articles. Section 6. If the inspector of weights and measures shall find that any weights or measures or instruments for weighing or measuring are incorrect, inaccurate or unreliable beyond the limits of tolerance allowed, each such weight or other instrument for weigh- ing shall be marked "condemned" and such measure confiscated. Section 7. The standards of weights and measures established and pre- scribed by the laws of the State of Texas shall constitute the standard of weights and measures for all vendors of all commodities in the City. All weights and measures used by all vendors in the City shall conform to such standard. All commodities bought or sold by weight or measure within the limits of the City shall be weighed or measured in accordance therewith. Section 8. Every person using weights, measures, scale beams, patent balances, steelyards, or any instrument in weighing or measuring any articles intended to be purchased or sold in the City, or in weighing or measuring any thing, commodity, merchandise, wares, person or animal for hire or reward, shall -.cause the same to be inspected and sealed by the inspector of weights and measures in accordance with the provisions of this Ordinance, and a failure or refusal so to do shall be an offense. Section 9. Any person who shall sell or offer for sale or cause to be sold or offered for sale any commodity or article of merchandise of any kind whatsoever, whether sold by dry measurement, liquid measurement, linear measurement, superficial measurement, cubic measurement, weight, or by any unit of enumeration used in deter- mining or measuring quantity, by selling or offering for sale or causing or permitting to be sold or offered for sale any commodity or article of merchandise of any kind whatsoever in quantities of less weight or measure or enumeration represented by the vendor; or his agent or employee upon such sale or offer of sale, or who 2. shall sell or offer for sale or cause or permit to be sold or offered for sale any commodity in any receptacle containing a less quantity than it is represented at the time of offer or sale to contain, or any article measured by dry measure that shall not be required by this Ordinance, or who shall sell or offer for sale or cause or permit to be sold or offered for sale any article of dry measurement in other than a legal liquid measure, or any article of liquid measurement in other than a legal dry measure, or in any measure which has not been inspected by the inspector of weights and measures in accordance with and pursuant to the provisions of this Ordinance, shall be guilty of a misdemeanor. Section 10. It shall be unlawful for any person to sell or offer for sale or -to permit or cause to be sold or offered for sale by wet measure, any commodity ordinarily bought and sold by dry measure. Section 11. It shall be unlawful for any person to sell or offer for sale or buy or offer to buy, or to permit or cause to be bought or offered to be bought, any commodity by any standard of measure except the proper standard herein prescribed for weighing or measuring such commodity. Section 12. It shall be unlawful for any vendor or purchaser to offer to sell, or to sell, or to sell and deliver, any commodity ordin- arily and usually sold in bulk or quantity, by weight or measure, unless the same be weighed or measured, as the case may be, upon or by officially tested scales, scale beams, patent balances, steelyards, automatic or computing scales, or other instruments for weighing or measuring. Section 13. It shall be unlawful for any vendor of any commodity which is ordinarily or usually sold or bought or offered for sale or pur- chased by weight or measure, to sell or offer to sell any such com- modity in the City, unless in the sale or purchase thereof he uses only such weights, measures, scales, scale beams, patent balances, steelyards, automatic or computing scales or other instruments for weighing or measuring any such commodity so sold or offered to be sold or bought, as have been approved by the inspector of weights and measures or his regularly appointed deputies, and then.only after each such weight, measure, scale, scale beam, patent balance, steelyard, automatic or computing scales or other instruments for weighing or measuring shall have been inspected and officially sealed and approved with the official seal and a certificate of approval"thereof issued by the inspector of weights and measures; provided, however, that such certificate of approval shall not be issued for a period to exceed one year. Changes in name, location or business, number or character of weights and measures shall be endorsed upon said certificate by the sealer of weights and measures. Section 14. It shall be unlawful for any vendor to use or to have in his possession with intent to use, or to have in his possession in a position to use, any weight, measure, scales, scale beams, patent balances, steelyards, automatic or computing scales or other instru- ments for weighing or measuring, unless the same have affixed there- on the official seal of the inspector of weights and measures, and 3: unless the same conform to the standard of weights and measures herein prescribed. Section 15. It shall'be unlawful for any vendor to sell, offer for sale or have in his possession with the intent to sell, or cause or permit to be sold or offered for sale in original packages, boxes, crates, bottles, cartons, cases, bags, sacks or other receptacles, any commodity ordinarily or usually sold or offered for sale in bulk or otherwise by weight or measure, unless the true net weight or measure of the commodity so contained shall be plainly and legibly stamped or printed on the face of each such package, box, crate, bottle, carton, case, bag, sack or other receptacle and unless the commodity so sold or handled or offered for sale is actually sold or offered for sale as of such true net weight or measure. Section 16. It shall be unlawful for any vendor to use any computing scale which shows on either side thereof a chart of prices which are arithmetically incorrect in that they do not show the exact product of the weight and price of the commodity sold. Section 17. It shall be unlawful for any person to refuse to exhibit any weight, measure, scale, scale beam, patent balance, steelyard, automatic or computing scale or other instrument used for weigh-. ing or measuring for the purpose of having it inspected. Section 18. It shall be unlawful for any person in any way or manner to obstruct, hinder or molest the inspector of weights and measures in the performance of his duties as hereby imposed. Section 19. It shall be unlawful for any person, except the inspector of weights and measures, to change, alter, adjust, modify or in any wise tamper with any officially tested and sealed weights, measures, scales, scale beams, patent balances, steelyards, auto- matic or computing scales or other instruments for weighing or measuring or to attach or remove the official seal or any con- demnation tag of the inspector of weights and measures or any imitation thereof, to or from any weights, measures, scales, scale beams, patent balances, steelyards, automatic or computing scales or other instruments for weighing or measuring, or to deface such seal or tag or tamper with the same. Section 20. Every person in the City selling or delivering ice shall at the time of the actual delivery of any ice sold, weigh the quantity of ice delivered and for that purpose shall use a steel- yard balance or other apparatus for weighing such ice which shall conform to the standard of weights and measures in use in the City, and all ice delivered to consumers within the City shall be sold by avoirdupois weight. Section 21. Every person selling or offering for sale within the City any gasoline, naphtha or other products for use in automobile or other gasoline driven engines of any nature shall have posted in a conspicuous place and in letters or figures not less than two inches in height, upon the container, automatic pump or other contrivance, used in a container or measuring de vice, a sign stati sold, whether gasoline, naphtha or other product, and the duty of the inspector of weights and measures to all measures, automatic measuring pumps, or -other mea used for measuring gasoline, naphtha or any other pro purpose of detecting inaccuracies, and any person own ing any such measure, automatic measuring pump or oth ng the product it shall be test and prove suring devices duct for the ing or operat-- er device shall permit the inspector of weights and measures to test and prove any such appliances, and said inspector of weights and measures shall seal all such measures, automatic measuring pumps or other devices "correct" where found to be correct and shall seal as "condemned" where found incorrect, and it shall be unlawful for any person to operate or use any such measuring device for measuring which is sealed "condemned" or to sell, cause or permit to be sold any pro- duct other than that which it is represented to be. Section 22. It shall be unlawful for any person to practice deceit or fraud of any kind whatever in the sale of wood, coal, grain, ber- ries, fruit, vegetables, liquids or fruits of any kind or any other commodity or article of merchandise of any kind whatsoever whether sold by dry measure or liquid measure by selling or offer- ing for sale any such wood, coal, grain, berries, fruit, vegetables, liquid or fluid of any kind or any other commodity or article of merchandise of 'any kind whatsoever in quantities of less weight or measure represented by the vendor or his agent or employee upon such sale or offer for sale or who shall sell or offer for sale any article of dry measure in other than a legal dry measure or any article of liquid measurement in other than a legal liquid measure, or in any measure, which has not been inspected and sealed as cor- rect by the inspector of weights and measures in accordance with and pursuant to the provisions of this Ordinance. Section 23. Any person found guilty of violating any provisions of this Ordinance shall be deemed guilty of a misdemeanor and subject to a fine in a. sum not less than One ($1.00) Dollar nor more than Two Hundred ($200.00) Dollars for each violation of any provision of this Ordinance, and each day of the continuanceof such viola- tion shall constitute a separate offense and be punishable as such hereunder. Section 24. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or uncon- stitutional by any court of competent jurisdiction, such section, subsection, sentence, clause, phrase or portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 25. All ordinances or parts of ordinances inconsistent with or contrary hereto are hereby repealed. i PASSED by the City Council this day of - �•lr ,..L. , A. D. 1953. - Mayor - UqW PUBLISHER'S AFFIDAVIT THE STATE. OF TEXAS COUNTY OF JEFFERSON Before me, the undersigned authority, personally appeared R. A. Bean who, being by me duly sworn, says that the f o r e g o i n g and attached Legal Notice was published on the following dates: February 19, 201 and 21 A. D. 19 53 in the BEAUMONT Journal , a daily newspaper printed and published at Beaumont, Jefferson County, Texas. SUBSCRIBED and sworn to 'before me, this the .2 S4- .day A. D. 19-r_ NOTARY LPYBUIC In and. for Jeffermn Comty Tessa y Cl - leak Cftlnj Hep This is t of The Cil session h, ary, 1853, 11 BeaurnOnt Passed in regillar on the 17th day. of FeBru- te following ordinance: AN,ORDINANCE kN •ORDINANCE CREATING - E, 'OF INSPECTOR OF VD'MEASURES IN THE CITY ONT; PRESCRIBING _Tic OF WEIGHTS. AND- MEAS-! THE CITY OF BEAUMONT;' G INSPECTORS' D U T -I E S; PROHIBITING THE INSPECTOR 'FROM VENDING. ANY WEIGHING OR MEAS- URING : DEVICES; PROHIBITING THE. GIVING OF SHORT WEIGH_TS, OR MEASURES; PROHIBITING THE VENDOR FROM USING WEIGHING AND' MEAS- URING DEVICES UNLESS OFFICIAL SEAL -OF' 'INSPECTION IS AFFIXED, THERETO:=PROVIDING PENALTY,:SEP- ARABILITY -CLAUSE AND REPEALING. ALL ORDINANCES IN CONFLICT THERE- WITH. Jas. T. Garrard City Clerk R EC E VED OFFICE OF CITY CLERK BEAUMONT, TEXAS Date oL - li � - .I 3