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HomeMy WebLinkAboutOrdinance 1464 a ORDINANCE N0./ AN ORDINANCE CREATING THE OFFICE OF INSPECTOR OF 7MIGHTS AND MEASURES IN THE CITY OF FORT WORTH, PRESCRIB- ING HIS DUTIES, THE STANDARD OF WEIGHTS AND MEASURES FOR THE CITY OF FORT WORTH; REGULATING THE TESTING AND USE OF WEIGHING AND MEASURING DEVICES; PROHIBITING THE GIVING OF SHORT MEASURE; REGULATING THE MANUFACTURE AND SALE OF CERTAIN COMMODITIES WITH RESPECT TO WEIGHT, MEASURE AND NUMERICAL COUNT, CONTAINING SPECIFICATIONS AND TOLERANCES; DEFINING CERTAIN TERMS AND PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING THE METHOD OF PROSECUTION OF PROSE- CUTION OF CORPORATIONS FOR VIOLATIONS OF THIS ORDINANCE; CONTAINING A SAVING CLAUSE; REPEALING ALL FORMER ORDINANCES IN CONFLICT HEREWITH AND ENACTING THE NECESSARY PROVISIONS INCIDENT TO THE SUBJECT AND PURPOSE OF THIS ORDINANCE WHETHER MENTIONED IN DETAIL IN THE CAPTION OR NOT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CI y OF FORT WORTH: SECTION I. There is hereby created the office of Inspector of Weights and Measures of the City of Fort Worth, which officer shall be appointed by the Director of Public Health and Welfare, subject to the approval of the City Manager; said officer shall be under the control and supervision of the Director of Public Health and Welfare. There shall be appointed from time to time by the Director of Public Health and Welfare, subject to the approval of the City Manager, such deputies and assistants to the Inspector of Weights and Measures as shall be deemed necessary. SECTION II. The Standard of Weights and Measures adopted and used by the Government of the United States and by the State of Texas are hereby declared the only legal Standard of Weights and Meas- ures within the limits of the City of Fort Worth, and the Speci- fications and Tolerances as recommended by the Government of the United States and the State of Texas for the various weighing and measuring devices, except gasoline pumps and lubricating oil containers, are hereby declared to be the specifications and tolerances for weighing and measuring devices to be used within the limits of the City of Fort Worth; provided, however, that in case the Standard of Weights and Measures and SpecificAtions and Tolerances prescribed by the Government of the United States and by the State of Texas do not fully embrace all of the requirements of this Ordinance with reference to weights and measures, then in such event the Standard herein prescrib6d shall control. SECTION III. Whenever the Inspector of Weights and Measures shall find any weighing or measuring device to be incorrect and not susceptible of satisfactory repair, he shall condemn and seize and may destroy same; but stch weighing and measuring devices -.1- i or his emp.Luyee, or agent or as the emploee or agent of another, to fail or refuse to exnilit to the Inspec?or of We-ights and Measures any weighing or measuring device Tor the purpose of hav- ing same inspected and tested as required by this Ordunanoe. SECTION VII. It sha.L1 be un.iawfh.Lfor any person either b nimsesf or his employee or agent, or as the employee or agent of another, to seri, offer or expose for sale any.cvmmodity in bulx in q anti- ties of less weight, measure or numerical count .than that repre- sented by such person to the purcrm.ser of said commodity. The offense defined in this section snaii be a misdemeanor and shaii be punishable as hereinafter provided in this Urdinanoe. SECTION VIII. BREAD -- It sna.Li be un.Lawfui for any persue, either bhimself or his a ioyees or agent, or as the emp.Loyee or agent a another, to manufacture for sale, sell, offer or expose for �ae leaan�y bread otherwise th in the fu lowing units ofweight; (11 d net ( ie and one-half (j., pound net or muitipies One (11 pound net. Ali bread offered or exposed for sa.ie in the City of Fort Worth shall be wrapped and such wrapper snaa.l bear the name of the manuileturer or said bread. Any perscai violating any of the provisions of this section of this Ordinance shah be deemed guilty of a misdemeanor and shall be punished as hereibafter provided in this ordinance. SECTION IZ. The we fights specified in the preceding section shall mean net weights not more than twenty-Your hours atter baking, nor more than twenty-four hours alter sale and delivery by the manufacturer for re-sale; such weights shad be determined by the averagge weight of not Less than six loaves and provided further that bread found upon any premises occupied for the manuiacture of bread for sa.ie or any bread found in the wags ms, trucks, bas- kets, boxes or other delivery vehicle or receptacle owned or carr trotted by the manufacturer of such bread and being transported or delivered for sate and any bread offered for sate sha.it, Tor the purposes of this section, be deemed prima iacie to have been bared within twenty-four hours, unless such bread is marked, de- signated or segregated as "State bread". The variation and toler- ance in the weight of bread allowance under this ordinance snail not exceed one (1 ounce per pound in deficiency within the re- quired twenty-four hours. The weights herein set out snail not apply to rotas nor to "state bread when sold as such, nor to restaurant nor sandwich bread sola under written contract and used on the premises, nor to bread sold by the piece out from the loaf. SECTION X. MOOD -- It shall be uniawtul fur any person, either bhimself or his employee or agent, or as the employee or agent o another, to seii offer or expose fur sale any wood otner than NY the following measurement• ali wood snail be surd by the "cord , or fraction thereof; in al contracts for the sale of wood true terms"cord" shall mean 126 cubic feet or wood in four (4) foot lengths; and if the sale is of "sawed wood" a "cord" shall mean llu cubic feet when ranxed, or jLbU cubic feet when thrown irregular v ly or looser into a conveyance for delivery to the purchaser; by the term sawed wood" is meant wood sawed in lengths of less than four (41 ) feet each; and if the sale is of "sawed and split" wood, a "cord" shall mean 120 cubic feet, when ranked and 175 cubic feet when thrown irregularly and loosely in a conveyance for delivery. Any person violating any of the provisions of this section of this ordinance shall be deemed guilty of a misdemeanor and shall be punished as hereinafter provided in this ordinance. SECTION XI. SAND, GRAVEL, CRUSHED-STONE, ETC - - It shall be un- lawful for any person, either by himself or his employee or agent, or as the employee or agent of another, to sell, offer or expose for sale sand, gravel, crushed stone or any similar commodity, other than by the following specifications: One (1) cubic yard; one 4h4 one-quarter (1-1/4) cubic yards; one and one-half (1-1/2) cubic yards; one and three-fourths (1-3/4) cubic yards; two (2) cubic yards and three (3) cubic yards; except that where any of the above commodities are sold by written contract, the terms of the preceding paragraph of this ordinance shall not apply. All vehicles equipped with truck boxes or wagon boxes for the purpose of hauling sand, gravel, crushed stone or any similar commodity shall have the capacity of the box plainly and conspicuously marked on the outside of the box in cubic feet or cubic yards in figures not less than two and one-half (2-1/211) inches in height and one and one-half (1-1/211) inches wide. No person delivering sand, gravel, crushed stone or any similar commodity shall deliver or cause to be delivered any quantity of said commodity without tendering and delivering a ticket and a duplicate ticket thereof to the person, firm or corporation to whom said delivery is made at the time of making such delivery, and on each of said delivery tickets and duplicates thereof shall be marked in ink or other indelible substance the number of cubic feet or cubic yards of said commidity delivered, together with the name of the purchaser thereof and the name of the dealer from whom purchased. One of said delivery tickets shall be delivered to the purchaser specified thereon or his agent and the other said delivery ticket shall be retained by the seller. Any person violating the terms of this section of this ordinance shall be deemed guilty of a misdemeanor and shall be punished as hereinafter provided in this ordinance. SECTION XII. BUTTER - - It shall be unlawful for any person, either by himself or his employee or agent or as the employee or agent of another, to manufacture for sale, sell, offer or expose for sale any butter otherwise than in the following units of weit: one-fourth (1/4) pound net, one-half (1/2) pound net, one (1gspound net, one and one-half (1-1/2) pounds net, or multiples of one (1) pound net weight. Each print, brick, roll, crock,tub or container of butter shall bear in a conspicuous position a plain statement of its net weight with the name of the manufacturer thereof upon the wrapper of each print, brick, or roll, or upon a crock, tub or container. Any person violating any of the terms of this section of this ordinance shall be deemed guilty of a misdemeanor and shall be punished as hereinafter provided in this ordinance. SECTION XIII. The variation and tolerance in the weight of butter allowed under this ordinance shall not exceed three-eights (3/8) of an ounce per p6und on the inditidual print, brick or roll; -4- provided, however, that where twelve prints, bricks or rolls manufactured by the same person are available for testing, the average variation and tolerance allowed in the weight of such butter shall not exceed one-fourth (1/4) of an ounce per pound. The variation and tolerance allowed on the weight of butter packed in crooks, tubs or any container shall be not more than one (1%) per cent of the net weight of butter contained in such crock, tub or container. SECTIM XIV. ICE - - It shall be unlawful for any person, either by himself or his employee or agent, or as the employee or agent of another, to sell ice otherwise than by net avoirdupois weight x and suchAnet avoirdupois weight shall be the actual net avoirdupois weight at the time and place of delivery. Every vendor of ice in the City of Fort Worth, shall, if requested, at the time of actual delivery of any ice sold, weight the quantity of ice delivered. Each and every set of tongs used in the delivery of ice within said City shall have prominently and conspicuously stamped thereon the exact and true avoirdupois weight of said tongs. It shall be unlawful for any person either by himself or his employee or agent or as the employee or agent of another in delivering ice on a regularly established or habitual route to fail, omit or refuse to stop on his regular and daily route at any residence or place where any person resides who has made any complaint concerning the short weight of ice or has requested that i,ce delivered to such person be weighed or at any place where the person delivering ice has there- tofore been accustomed to stop, and it shall be unlawful for any such person to refuse to sell ice to any purchaser because such purchaser has made complaint as above set out; and it shall be unlawful for any such person to refuse to sell or delilqer any quan- tity of ice requested by any regular customer not less than 4N94AA twenty-five pounds nor more than fifty (50) paundsa Any person violating any of the terms of this section of this ordinance shall be deemed guilty of a misdemeanor and shall be punished as hereinafter provided in this ordinance. SECTION XV. MILK - -It shall be unlawful for any person, either by himself or his employee or agent, or as the employee or agent of another, to sell milk or cream in bottles other than of the follow- ing size: Bottles used for the sale of milk or crgyam shall be of the capacity of standards for the sale of milk in this City and their capacity shall bd in the following divisions of the standard gallon of 231 cubic inches, to-wit: the half (1/2) gallon, the quart, .the pint, the half (1/2) pint and the gill. Any person violating any of the terms of this section of this ordinance shall be deemed guilty of a misdemeanor and shall be punished as hereinafter provid- ed in this ordinance. SECTION XVI. The following variations and tolerances and errors in excess and deficiency may be allowed on individual milk bottles and on the average content of milk bott&es as noted in the column headings: Tolerance on Tolerance on Capacity. Individual Bottles. Average content. 1/2 gallon 6 drams 1.4 cu.in. 1.5 drams 0.35 cu. in. 1 quart 4 It .9 It 1.0 " .23 " 1 pint 3 " .7 it .75 " .17 1/2 pint 2 " .5 it .5 " .12 " 1 gill 2 " 5 " .5 " 12 " -5- s The last column of figures set out above shall be determined by finding the error on each of not less than twenty- five (25) milk bottles selected at tandom from at least four (4) times the number of milk bottles tested and taking the average of these errors. SECTION XVII. GASOLINE-LIQUIDS IN GENERAL - - The following specifications and tolerances for liquid measuring devices shall hereafter be in force in the City of Fort Worth: SPECIFICATIONS. No. 1 - Definition. A mechanically-operated liquid-measuring device, hereinaf teF referred to as a liquid-re asuring device, is a mechanism or machine adapted to measure and deliver liquid by volume. These specifications shall be construed to apply only to liquid-measuring devices of the retail type; that is, devices which on account of the charactee of their primary indicating elements are obviously designed for unit deliveries of less than fifty (50) gallons; provided, that these specifications shall not be, construed to apply to water meters of any size. No.2- Permanence. All liquid-measuring devices shall be of such design, construction and materials that they may reasonably be expected to withstand ordinary usage without impairment of the accu- racy of their measurement, or the correct functioning of their operating or indicating. parts. No. 3 - Plumb and Level Conditions. All liquid-measuring devices shall be so designated and constructed that they will be in normal operating position when they are. in level. All liquid-measuring devices shall be installed plumb and level and their installation shall be of such strength and rigidity as to maintain this condi- tion. No. 4 - Units of Delivery. Liquid-measuring devices shall have the follow ng d1scharge capacities per stroke or per cycle of the primary indicating elements , and these only: One (1) gallon'; a multiple of the gallon; 8 Two and one-half (2') gallons, or a binary submultiple of the gallon; that is the quantity obtained by dividing the gallon by the number two f2) or a power of the number two: Provided, however, that a device may be constructed to deliver other amounts than the above, corresponding to pre- determined money values at a definite price per gallon, but in such cases either the device wax8x�*�8#A texrf�aY*Y- *yw2lon shall be so constructed that the price per gallon at which it is set at any time will be clearly indicated to the customer by automatic means or this price shall be shown by means of a sign conspicuously displayed on the device. No. 4-a - Device to Indicate When System is Properly Filled. All liquid-measuring devices other than those of the visible type, shall be equipped with a device which will indicate whether or not the system is properly filled before a delivery is began. This specification shall be cors trued to prohibit a check valve in the discharge line in such a position that the partial emptying of the system would not be disclosed, but not to prohibit a manually-operated valve in the standpipe. No. 5 - Indication of Delivery Required. All liquid-measuring devices shallfbe so designed and constructed that the initial zero conditions and the amount delivered shall be clearly and definitely indicated by automatic means, and the indication of any delivery shall take place only when the full discharge has in fact occurred; Provided, however, that the requirement that the full discharge shall have been completed before registration -6- shall not apply to the dribble flow caused by the displacement of a piston rod during the return of a pistion to its initial position, when a clear statement conspicuous to the customer and adjacent to the indicating means is placed on the liquid-measuring device to the effect that the full amount cannot be delivered until the piston or the pointer or indicator has been returned to its initial position. No. 6 - Sensitiveness . All liquid-measuring devices shall be so designed and cons rutted that they can readily be operated to deliver each quantity for which a graduation, stop, overflow pipe or other indicating means is provided within the tolerance on such amount hereinafter provided. This specification shall be construed to require that in the case of all devices which have a graduated scale or dial or similar indicating means which at some point or points or at all points constitutes the sole or most sensitive means of determining the amount of liquid discharged, the length on such scale or dial equivalent to the tolerance at any graduation must be readily appreciable when the character of the indicating element and its normal distance from and position in reference to the observer's eye are taken into consideration, and in no case shall this length be less than 0.04 inch. For example, if a device is designed and constructed so that one (1) gallon is the first graduation; (2) there is no stop, overflow pipe or other automatic means of terminating the delivery; (3) the graduations are equally spaced; and (4) if the cross section of the measuring dhamber is the same throughout its length, the minimum length on the scale or dial shall be three and one-tenth (3.1 ") inches per measured gallon, the maximum cross sectional area of the measuring chamber shall be seventy-five (75) square inches, and if cylindrical, the maximum diameter must be 9.75 inches. No. 7 - Indicating and Registering Parts. Counters and graduated scales and dials use2l onqu -mea sur ng devices to tally sales and deliveries to individual purchasers or to indicate the amount delivered when any portion of the cycle or stroke has been completed shall be of such size and style and shall be so located and diposed that they are clearly visible to and readable by the customer from any position which he may reasonably be expected to assume. The graduations shall be of such character and arrangement that the major ones are more prominent than and are clearly distinguishable from the minor ones. In all types of liquid-ne asuring devices which have a graduated scale which at some point or points or at all points constitutes the sole or most sensitive means of determining the amount of liquid discharged, the width of the graduation marks shall not exceed 0.04 inch. No. 8 - Pointers and Indicators. All pointers and indicators which when use n conjunction w th a graduated scale or dial indicate the amount of liquid discharged or the money value of the delivery at a predetermined price per unit of volume shall be so shaped that a correct and accurate reading is given. Pointers and indicators are required to be symmetrical about the graduation lines at which they may stand; provided, however, that in the case of pointers and indicators used in connec- tion with straight scales having non-parallel graduation lines and in respect to the non-horizontal lines on such scales, this require- ment shall be waived if the pointers and indicators are so designed and constructed that, as the pointer or indicator approaches the correct indicating position in respect to any graduation line, only such portion of such graduation line as has not yet been reached by the index of the pointer or indicator or by a horizontal line extended forward from the end thereof shall be exposed to view and all other portions of such graduation line adjacent to the index of the pointer or indicator shall be automatically obscured. , -7- Pointers and indicators, which when used in conjunction with a graduated scale or dial, constitute at some point or points or at all points the sole or most sensitive means of determining the amount of liquid discharged or the money value of the delivery at a predetermined price per unit of volume, shall reach to the finest graduation marks, and the width of the pointer or indicator, or of the end thereof, shall not be greater than the width of such marks. No. 9 - Parallax. All liquid-measuring devices in which the accuracy of the readings of any indicating mechanism is affected by parallax shall be so designed and constructed as to reduce to a minimum the errors due to this cause. This specification shall be construed to require that in the case of all devices which are equipped with a glass measur- ing chamber and in which the quantities delivered are determined by bringing the liquid surface into coincidence with indicators, pointers, or graduations which at some point or points ora t all points consti- tute the sole or most sensitive means of determining the amount of liquid discharged, such pointerg, indicators, or graduations shall be located inside the glass measuring chamber and not more than 1/16th inch from the surface thereof. No. 10 - Graduated Scales to be Secured. When a liquid-measuring device is provided with a graduated scale or dial, this shall be riveted to its supports or otherwise permanently fixed in position; provided, however, that in the case of liquid-measuring devices of the gauge-glass type, a sliding scale will be permitted when the dis- placement of such scale xiiixt is, by suitable means, automatically prevented at all times when liquid is being discharged from the delivery outlet. No. 11 - Numbering of Graduations. Figures defining the value of graduations shall e un orm y p aced in reference to the graduation marks and shall be as close thereto as practicable but shall not be so placed as to interfere with the accuracy of reading. Such figures shall be in regular sequence, as 0-1-2-3-4-5 in the 5 gallon wet hose pump. And o-1-2-3-4-5-6-7-8-9-10 in the 10 gallon wet hose pump and all numericals Jlzxx and graduations shall read from the top of glass container down to full capacity line or numeral which is to be not less than 3/4 inch above the bottom of the glass measuring chamber to be in plain view of the operator and the customer. No. 12 - Liquid-measuring devices of the visible type shall be of a five (5) gallon capacity or some multiple thereof. No. 13 - Scales in Opposite Directions Prohibited. The use on a liquid-measuring device, or two graduated sca es reading in opposite directions and referable to the same indicating means, shall not be permitted. No. 14 - Lettering. Graduations. All markings, instructions, figures and graduations required under se specifications shall be of such size, design, matbrial and location and shall be so applied or affixed that they will not tend easily to becmme obliterated or illegible. No. 15 - Return of Indicating Element to Zero. All liquid-measuring devices shall be so designed and cons rua hat the indicating element used in tallying deliveries to individual purchasers is returnable readily to a definite and clear zero reading, before the next delivery is begun. No. 16 - Stops to be Positive. When the stops or other stroke limiting devices on a qu -measuring device are subject to direct pressure, or impact in the operation of the device, such stops shall be of such construction that the permanence and security of their positions is provided for by a positive, nonfrictional engagement of the parts whose relative motions are to be prevented. Such stops shall be so designed and constructed that adjustment within the prescribed tolerances can be made. -8- No. 17 - Stop Mechanism to be Definitely Positioned. All liquid- measuring deVides designed to deliver two or more afferent pre- determined amounts by bringing into operation different stops or other means of defining tie delivery, shall be so designed and constructed, that the position for the proper setting of each stop is definitely and accurately defined, inadvertent displacement from this position is obstructed, and the delivery for which the device is set at any time is clearly and conspicuously indicated. No. 18 - Provisions for Sealing. All devices, adapted to be altered for adjusting or correcting a delivery of a liquid-measuring dente, sball be of such construction that they can be sealed,either separately or together, in such manner that the position of none of them can be changed without destroying the seal or seals; Provided, however, that this shall not apply to such devices as alter the deliveries to conform to different prices per gallon on such a liquid-measuring device as is described in the proviso of specifi- cation No. 5. No. 19 - Use of Adjustments. No adjustment of the delivery of a defined stroke liquid-measuring device shall be permitted except that intended to produce a piston displacement per cycle of 231 cubic inches per indicated gallon of delivery. Adjustments of pistion displacement to correct for leaks, slippage, excessive length of pipe line, or other defects of the installation shall not be permitted. No. 20 -Assuvance of Complete Delivery . All liquid-measuring devices shall be so designed and constructed as to furnish assurance that all measured liquid which is apparently being delivered from that delivery outlet which is being employed in any particular operation of the liquid-measuring device is actually being delivered so long as there is-any liquid passing through the delivery outlet. This specification is to be construed to require that all valves in the sppply line intended to prevent the reversal of flow of the liquid shall be of such design and construction that their closure is automatically effected in the use of the device and that when two or more delivery outlets for the liquid are provided a de- livery made through one delivery outlet shall not affect the subse- quent delivery through any other delivery outlet. It is further to be construed that either (1) there shall be no means provided by which any of the measured liquid can be diverted from the measuring hhamber of the discharge line to the supply tank or elsewhere during the period that liquid is flowing from the delivery outlet apparently in sole use; or (2) if there be any means whatever by which an in- complete delivery or any diversion of measured liquid can be accom- plighed or made, then the device must be so designed and constructed that such fact will automatically become an immediately obvious one to anyone observing the operation of the device. No. 20-a - - Auxiliary Visible Indicating Devices. Whenever a liquid-measuring device of the visible type is so designed and constructed that measured liquid continues to pass through the discharge valve for an appreciable time (3 seconds or more) after the liquid has disappeared from sight in the glass measuring cham- ber, then the device shall be equipped with an auxiliary visible indicating device, adjacent to the discharge valve and so constructed that it will indicate when any portion of the measured liquid has not been discharged tbraugh such valve at the time of the closing thereof; provided, however, that in the case of any nominal delivery which is such that it does not cause the liquid to disappear from the chamber, the time interval mentioned above shall be measured from the time that the liquid apparently ceases to fall in such chamber. Such auxiliary visible indicating device shall be so designed and constructed and so located and 1x disposed that its indication is conspicuous and that, during the operation of the liquid-measuring device, it is clearly visible to and readable by the customer. Whenever an auxialary visible indicating device Itax1,piwterx designed to indicate drainage of liquid or completeness -9- of delivery shall be employed, whether or not it is required by the terms of this specification, it shall comply with all the above requirements. No. 21 - Shut-Off Valves in Discharge Line. No liquid-measuring device sha equipped w a o valve at the extremity of the hose or elsewhere in the hose line except in the case of devices designed and constructed so that they must be operated with the hose full of liquid at all times: In case such valve is used any other valve in any portion of the discharge Zine lead- ing to this outlet must be so designed and constructed that it can only be closed off in one of the following ways: (1) By the use of some tool or device which is outside of and entirely sepa- rate from the measuring device itself, such as a wrench, screw- driver, etc., but not an adjusting pin; or (2) by the destruction of a seal. In case the latter construction is used, means must be provided so that a seal of the usual lead-and-wire type may be readily employed to seal the valve open and the manufacturer shall furnish his device with the valve sealed open; there shall be a metal tag or plate attached to the device adjacent to this valve handle, clearly stating that the device should not be used unless the valve handle is secured by a seal. This specification is not to be construed as allowing a shut-off valve in the hose in the case of devices in which the hose or any part thereof can be drained of liquid after the actual mechanical operation of the mechanism of the liquid-measuring device is discontinued in any way except as follows: (1) By means of the mechanically operated valve, or (2) by delivering from the measuring device more than the full measuring capacity thereof during the actual mechanical operation of the mechanism thereof. No. 22 - Drainage of Discharge Line. All liquid-measuring devices shall be so constructed and Installed that they will provide for the complete and rapid drainage, to a definite and uniform level, of the liquid contained in the hose or outlet pipe , and will not permit a siphoning or a continuous trickle of liquid from the discharge outlet after the operation of the mechanism is discontinued. This specification will be construed to require that if hose is used its inlet end shall be at least five (51 ) feet dbove the normal level upon which the receiving vehicle or vessel stands and the liquid-measuring device shall be equipped with an automatic vacuum-breaker or equivalent means to insure the complete and rapid drainage of the hose, that is required by the above. The hose shall be properly reinforced and shall be of such length and stiffness that no movable portion thereof will be readily disposed in such a way as to mend to retain licgzid after the operation of the device is completed: Provided, however, that this specification shall not be construed to apply to devices which, under the terms of specifications No. 21, may be equipped with two shut-off valves or cocks and are to be operated with the hose full of liquid at all times. No. 23 - Use Limited to Certain tiquids. Liquid-Xeasuring devices which will not give correct results except when used with liquids having particular properties; as for example, high vicosity, shall be conspicuously, clearly and permanently marked to indicate this limitation. Such wording may take the form,"Not suitable for gasoline or light oils", "Use only for molasses or heavy oils", or For viscous liquids only." No. 24 - Com uting Charts. When liquid-measuring devices are equipped with money-value computing charts these shall be made in accordance with one of the following principes: (a) If the device is so designed and constructed that it purports to compute for one or for a series of unit prices the total price for every delivery within the range of the device, then the device shall be equipped with a value pointer or indicator and -10- value graduation marks: the value graduation marks snail be correctly placed; and in an position which the indicator or pointer and the chart,W assume there shall be exposed to view a sufficient number Of value figures and graduations to permit the value indications of the device to be read correctly. The value graduations shall not ex- ceed 1 cent at all prices per gallon up to and include thirty (34) cents. At any hi er price per gallon the value graduations shall not exceed two (2 cents' Provided, however, that nothing in the above shall be canstraed io event the placing of a special gradua- tion to represent each five 5¢) cent interval. These specia�,grad- uations may taxe the form of dots, staggered graduations, or similar forms* they shall be so placed that their meaning and value may be oleari understood, but they shall not be placed in the space ne- tween The regular graduations. (b) If the device is so designed and constructed that it purports automatically to compute only for deliveries correspond- ing to a definite series of quantity,graduations then one of the following alternatives shall be com Aed with: (l) There shall oe a value computation or each quantity graduation throughout the range of the device: or (2) no value indication; may be exposed to view except at such times that the device registers a quantity indica- tion for which a correct value indications, is provided: or (3) eacn value graduation or eacn column or row of such graduations snail be clears and conspicuously marked with the quantity graduation to which the value corresponds and the device shall be marxed with the character and limitations of the ocmjxi#ations made. All money values corresponding to definite quantitpp graduations must be math- ematicaiiy correct except as follows: If the mathematically cor- rect amount includes a fractional pert of a cent the fraction shall be dropped if it is less than ane-half but if tie fraction is one- half or more the next higher cent may to shown. 'a:25 - 1 C t ct Pro ' b' Ali liquid-measuring devices and all devices designed to be attached thereto and used in ccanection therewith shall be of such design and construction that they do not faci lit at a the perpetration of fraud. No. 26 - c S No specifications contained in the preced ing pages all e understood or construed to prohibit the sale or use of liquid- ensuring devices constructed or graduated in units of the metric system . The tolerances to be allowed on any liquid-measuring device constructed or graduated in units of the metric system,. shah be the same as those specified on similar apparatus of any equiva- lent size or at any equivalent capacity in the customary system. TOLERANCES. The tolerances to be allowed in excess or deficiency on ail liquid-measuring devices shall be the values shown in the following table: DeliYery Toierance - Cu. In. 1/2 Gailon or less 2.0 2 Gabon 4.0 3 5.0 5 u 70 6 5 +! 8.0 1U0 8 n 11.0 10 " 12.0 For deliveries of over ten (10) gallons add one (1) cubic inch per indicated gallon. -11- SPECIFICATIONS FOR OIL : - BOTTLES (1) Bottles used for the sale of lubricating oil shall be made of iblear, uncolored glass and only irtizes heretofore specified under the heading "Liquid Capacity Measures". They shall be made to contain their indicated capacities at a temperature of 20 degrees C (68 degrees F), and they shall not be subdivided. (2) Each bottle shall have its capacity clearly blown or otherwise clearly and permanently markmd in or on the side of the bottle, and in or on the side or bottom the name, initials or trade- mark of the manufacturer thereof. (3) Bottles shall be provided with a clearly defined graduation line blown or otherwise clearly and permanently marked in or on the bottle, and extending at least halfway around it which indicates the correct capacity, and with the words "Fill to line" or a similar or suitable inscription clearly and permanently marked in or on the bottle and clearly referable to this graduation line. This line shall in no case be more than 0.10 inch in width and the bottom edge of the line shall define the top of the meniscus of the water Which is used in the test of the bottle. This graduation line shall be placed so that it is at least one-fourth (1 4) inch below the bottom of any metal top when this is screwed firmly into place. The capacity of that portion of the bottle above the bottom of the gradua- tion line shall be at least three (3) cubic inches, (4) When a bottle is equipped with a ppout, this shall be so eonstructed that free and unobstructed drainage is provided. This specification shall be construed to require that there be an effective air vent in the spout and no shoulder or other obstruction tending to result in a trapping of the liquid being delivered. The spout shall not be over six (6") inches in length measured from the point of contact with the top of the bottle to the tip of the spout. TOLERANCES * The tolerances to be allowed on all bottles used for the sale of lubricating oils shall be in excess only and shall be the values shown in the following table: There shall be no tolerance allowed in deficiency. Capacity T O L E R A N C E of Bottle Drams Cubic Inches 2 warts 12 2.7 1 , 8 1.8 1 pint 6 1.4 SECTION XVIII. No person shall sell, offer or expose for sale any food or feed in packages or containers unless the quantity of the contents of said package or container be plainly and conspicuously marked on the outside of said package or container, by giving the weight, measure or numerical count thereof, and said weight, measure or numerical count shall not include the weight of the package or container; provided, however, that the terms of this section of this ordinance shall not apply to drugs. Statements of weight shall be in terms of avoirdupois, pounds and ounces; statements of liquid measure shall be in terms of the United States Gallon of 231 cubic inches and its customary subdivisions and multiples, to-wit: gallon, quart, pint or fluid ounce. Statements of dry measure shall be in terms of the United State; Bushel of 2,150.42 cubic inches and its customary subdivisions or multiples, to-wit: bushel, half-bushel, peck, quart, pint or half-pint. The quantity of solids shall be stated in terms of weight and of liquids in terms of measure. -12- The quantities of viscous or semi-solid foods or of mixtures of solids and liquids may be stated either by weight or measure, but the statements shall be definite and shall indicate Whether the quantities expressed are in terms of weight or of measure, as for example: (1) weight, 12 ounces; (2) 12 ounces, avoirdupois; (3) volume, 12 ounces or (4) 12 fluid ounces. The quantities df the contents may be stated in terms of minimum weight, minimum measure or minimum numerical count, for example: (1) minimum weight, 1p ounces; (2) minimum volume, one(1) gallon; or (3) not less than four (4) ounces; but in such case the statement must approximate the actual quantity and there shall be no tolerance below the stated minimum. The following tolerances and variations from the quanti- ties of the contents marked on the packages shall be allowed, except where such packages or containers are marked with the minimum weight, Minimum measure or minimum numerical count, as provided for in the preceding paragraph of this section: Discrepancies in weight or measure due exclusively to the differences in atmospheric condition in various places and which unavoidably result from the ordinary exposure of the packages to evaporation or to absorption of water; and the reasonableness of such discrepancies will be determined by the facts in each case. A container or package as used in this section of this ordinance shall include any carton, box, crate, barrel, half-barrel, hamper, keg, drum, jug, jar, crock, bottle, bag, basket, pail, can, wrapper, parcel or package. The following packages or containers shall be deemed to be "small", and shall be exempt from marking in terms of weight, measure or numerical count: (1) a package or container containing one(l) avoirdupois, or less; (2) a package or container containing one (1) fluid ounce, or less and (3) a package or container containing the numerical count of six (6), or less. SECTION XIX. The worst "person" as used in this ordinance shall be construed to impart the plural and singular as the case demands and shall include corporations, companies, societies and associations. The words "weighing or measuring devices" as used in this act shall be construed to include all weights, scales, beams, measures of every kind, instruments and mechanical devices for weighing or measuring and any appliances and accessories connecting with any or all such instru- ments, The words "sell and sale" as used in this act shall be construed to inw'lude barter and exchange. SECTION XX. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and shall upon conviction thereof be fined in any sum not less than $5.00, nor more than Two Hundred (,$'200.00) Dollars. SECTION XXI. EVERY section of this ordinance and every provision of each section is hereby declared to be an individual section or provision and the holding of any section or provision of any section to be void, Ineffective or unconstitutional for any cause whatever shall not be deemed to affect any other section or provision thereof. SECTION XXII. All ordinances or parts of ordinances in conflict here- with sha17F be and are hereby repealed. SECTION XXIII. This ordinance shall be in f3al rote a effect from and and after the date of its passage. D TO FO _'CIT; Attorney SECTION XXIII. That it appearing to the City Council that this ordinance constitutes a resion and digest of other ordinances governing the office of 4nspector of weights and measurers and all ordinances relating to the regulatioas of weights and measurers it is ordained that this ordinance shall be published in pamphlet form by the Department--) PubII a Health &- 'Telfare of the C1 y of Foact Torth as soon as :x: pi'ble after -hg date of its pas. age and shall become effect3vb and shall be to full force and of ect from and after the date publia"d as herein provided,. APPROVED AS, TO FORMS pryAZTT