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HomeMy WebLinkAboutOrdinance 553 ORDINANCE. ATT ORDINANCE creating the office of Inspector of weights and measures in the City of Fort Forth, prescribing his compensation and duties, prescribing the standard of weights and measures of the City of Fort Worth, regulating the use thereof and providing pen- a.lties for vicl.a,tion of this Ordinance. BE IT ORDAINED BY THE BOARD OF C0jrMISSICI'TEpS OF THE CITY OF FORT WORTH: Section 1 . There is hereby created the office of Inspector of weights and measures for the City of Fort `north; said officer shall be some competent person, a citizen of,t,,he City of ort 1A,orth, and shall be by the Mayor and,Board of Corimissioners for a. 6 .. term not exceeding two years, which said term shall begin in April of each odd year, at such time as a new administration shall take office. Section_ 2. Said Inspector shall receive a, salary of per year, paW� monthl-y, and sha11 be under the direct supervi- sion of the - Section 3. Said Inspector shall , before entering upon the dis- charge of his duties, execute a bond with two or more good and sufficient sureties, or a solvent Indemnity 0ompany, in the sum of One Thousand Dollars, to be approved by the Board of Commissioners, conditioned for the faithful performance of the duties herein re- quired and. such further duties as may from time to time be prescribed Section 4. Upon the orde=r of the Board of Commissioners the said Inspector sha.71 , through. the Purchasing Agent for the City of Fort Slorth, procure a compl ete set of accurate ti:eights and measures 2,nd sh�.l1 cause the same to be tried, proved, tested, seal ed and certified to by the proper state official. or by the National Bureaik of Standards of the United ;States. Thereafter such weights and Maa.sur es shal-1 be the standard of weights and measures for the City Of ;ort Worth and for all venders therein. Said 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 l.aw. The Inspector shall. Prescribe the amount of tolerance to be allowed on all lraeights and 2- Measures, -measures. Section 5. As soo!i CIS practicable after the a.-p-oint.ient of the Inspector of G'eights a--nd Treasures as provided by this ordinance, said Inspector shall immediateiy begin an examination and inspection Of all weights, measures, scale beams, patent balances, steel yards and other instrmnents used for Weig:ni.ng and measuring in this City, and for such purpose shall visit the stores, or places where such weights and measures are being used and shall inspect the same and seal the same, if correct, and issue a certificate under his official hand showing such facts ; but in case they or any of them shal2 not be com.forama,bl e to the standards required by this ordinance, they shall be marked "Condemned, " and the owner thereof shall, within five days thereof, have the same properly adjusted and sealed. That the said Inspector of Weights and Measures shall keep a record of all such scales, weights and raea.sures so condemned, as Well as the names of the persons using or owning the sane, and shallre-inspect all such condersn ed seal. ,es, measures or weights at the end of said five days, and place thereon his mark of approval , in case he finds the same to be correct, and in. case any such scale, weight or measure is found to be incorrect the owner shall. immediately discontinue the use of said seal e, weight or measure, until- the same has been properly adjusted and inspected, examined and sealed b ,- the Inspector. That wher .ver. the said Inspector shall mark any scale "Condemned, to it shall be unlawful for the owner or any other person using said scale or for any person to remove from said scat e, weight or measure the mark so placed thereon by the said inspector, or to use any such scale, weight Or measure until- sealed by said inspector, as herein required. Section o. Any person who shallfail or refuse to have anis instrument Of weight or measurement in his possession or use, exa- mined, tested, corrected or sealed when called upon for that pur- pose by the Inspector, as herein provided, shall be deemed gu:.lty of a mis-demeanor and punished as hereinafter provided. Section. 7. If an persoxi ehall use any scale, weight or 3- measure or any other instrument, as provided by this ordinance, that is incorrect according to the standard prescribed herein, and that has not been tested and sealed as herein provided, or if any person shall alter or per-mit to be altered any such instrument which has been so sealed, so as to make the same incorrect according to such standard, or s.h�ll use any such instrument or keep the same for use in the purchase or sale of goods, wares and merchandise or other - things, knowing that such instrument is incorrect, such person shall be deemed guilty of a misdemeanor, as provided by Section � hereof. Section 8. That the said Inspector of Weights and Measures shall be and is hereby authorized to try and prove any scale beam, steel. yard, weights and measures or any instrwment used for measur- ing as provided by this ordinance, at any and all times when he shall deem it necessary for the purpose of detecting inaccuracy in any such scale bears, steel yards, weights and measures, or other such instrument used for weighing or measuring. That for such tests and for the tests required to be .made in Section 5 hereof by said Inspector of Weight's and lvleasurPs, no fees shall be charged. Section 9 . It shall be the duty of said Inspector, in addition to the tests herein provided, to test, upon the request of any per- son or persons, any scale bean, steel, yards, weights or measures used or kept within the City of Fort Worth, and to seal the same if found correct, and to issue to such person a certificate of such fact upon the payment , however, of the following fees, to %pit; For inspecting and sealing scales of the capacity of 40,000 pounds and upwards, each. . . . , o . . . . . . . . . . . . . . 3.50 For inspecting and sealing scales of the capacity of 24,000 pounds up to 40, 400 pounds, each. . . . . . . . . . . 1..50 For inspecting and sealing scales of the capacity Of 6,000 pounds up to 24, (-')00 pounds, each. , . , , , _ , 1.00 For inspecting and sealing scales of the capacity of 2, 500 pounds up to 6, 000 pounds, ea.ch. . . . . . . . . . . .50 For inspecting and sealing scales of a capacity of 240 pounds up` 2 500 pounds, each. . . . . . . . . . . . . . . . . . . . 35 A � For inspecting and sealing sca,lt=s of the capacity of 2 pounds up to 240 pounds, each. . . . . . . . . . . . . . . . . ,20 4- For inspecting and sealing meat track scales, each. . . . . . . . l .GO For inspecting and sealing hopper scales, each. . . . . . . . . 3 .25 For inspecting and sealing two bushel, one bushel and one-half bushel r1easures, each. . . . . . . . . . . . . . . . . . . . . . . . . .05 Fat inspecting and sealing any other dry measures, each, . 000000000ao . . . . . . . . . _. . . . . . . . . . . . . . . . . . . . . .05 For inspecting and sea-ling every automatic weighin ma- chine or every instrument or device of a capacity of less than three tons used for Neighing or measuring any person or ani;rnal for hire or reward, each. . . . . . . . . . . . . . .50--,-- For inspecting and sealing liquid measures of the capacity of one gallon and upwards, each. . . . . . . . . . . . . . . .10 - For inspecting and sealing any other liquid measur.ss, each. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . © . . , . . . . . . . . . . . . e .05"-- For 05"—For inspecting and sealing yard measures, each. . . . © , . a , .05— For measuring wood in the cord on cars, made at th=e re- quest of the owner or purchaser, per cord. . . . . . . . . . . . . . -.05 For measuring ivood at any other place, per cord. ., . . . � . . .10 Such Inspector shall collect and pay over to the City Auditor, every fifteen days, all fees, charges , moneys or emolument of every kind 4fnatsoever collected or received by him by reason of or on accout t of the performance by him of the duties of his office, and said In- spector shall also file with the Board of Commissioners at the end of each month a record showing the number of inspections rla,de and the amount of fees, if any, col 1. ected by him, and giving such other in- formation in connection with his office as may be necessary or re- quired. Section 10. It shall be unlawful for said Inspector to vend, recorwnend, or be agent .for, any weights, measures scale beams, -patent balances, steel yards, automatic weighing or measuring raa- chines or devices or other instruments to be used for weighing or measuring or to offer or expose the same f or sale or to be interest- ed directly or indirectly in the purchase, sale or agency of same in the City of Fort Worth. Section 11. It shall be unlawful for any person using any weights, measures, scale beams or other instrument used in measur- ing or weighing, as provided by this ordinance, to remove from any instrument used for j?eighing or measuring, as provided by this ordinance, any seal or st,=imp affixed to the same by the said 5- Inspector of dyeights and Measures, or to place any other character of seal in imitation of the sq.id seal or stamp of the said Inspector of Weights and Heasures upon any such instrument used for weighing and measuring within the City. It shall further be unlawful for any person, other than the said Inspector of `6- eights and ldeasures, or his assistants or deputies, Rs may be provided f9r by law, to affix the said seal or stamp or any imitation or likeness thereof to any scale beam, steel yard, weight or ,aeasure, mnd it shall be unlawful for any person to use any such scale beam, steel yard, weight or measure, knowing the same to ;nave been so unlawfully sealed or stamped. Section 12. It shall- be unlawful. for the sF id Inspector of Weights and Measures to affix his steziip or seal, or issue his certifi- cate provided for herein upon any scat. e, beat-q, steel yards, weight or measure, as -provided for in this ordinance, without his making .n actual trial and proof of the same. Section 13. All ittnera,nt peddlers and harkers using scales, balances, weights or measures shall take the same to the office of the Inspector of Weights and Measures, before any use is :Wade there- of, and have the s�.me sealed and adjusted at least every four months. Section 14. No person shall , in weighing or measuring any a.rtiel.e, thing or commodity for purchase or sale within the limits of the City of Fort Worth, lase any weight, measure, scale beam, pat- ent balance, steel yard, automatic measuring or weighing device or other instrument which has not been tested, sealed and certified to by the Inspector of bYeights and Measures, as provided by the provi- sions of this ordinance. Section 15. It shall be unlawful for any person to fail or refuse to exhibit to the Inspector of Weights and Measures, or any of his deputies, any weight, measure, scale beam, patent balance, 5� e4aa2 yard, automatic weighing or measuring device or other in- strument for the purpose of :Having same inspected and examined, as required by the provisions of this ordinance. Section 16. It shall be unlawful for any person to in any manner obstruct, hinder, molest or interfere with the Inspector of I eights and Measures, or any of his duly appointed deputies, G- in the performance of his or their duties as ' provided by the terms of this ordinance. Section 1.7. In the sale of coal a hundredwbight shall- consist of one hundred pounds of avoirdupois and twenty such hundredweights shall constitute a ton. Section 18, The Inspector of V�eights and 11easares shall have the right to stop any person who shall, be hauling any coal in any vehicle from any place where coa.1- is kept mor sale ,.o any P ac e in the City for delivery, and require such person to cause such coal to be haul ?d to the nearest public scale in said City (or to any public scales which the Inspector of yJeie( ts and .Measures may desig- nate, if in his judgment ther.•e is any reason why the nearest public sca.l- e should not be used) to be Weighed.geed. Vhen any such person shall. be stopped by the Inspector of Weights and TMeasures, or his deputy, or deputies, and so required to cause such coal to be hauled to any such scales to be tiaeighed, such person so hauling any such coal shall immediately cause such coal to be so haul ed to such scales, as was required by said Inspector of Weights and M easures' or his deputy ordeputies and said Weights and Lleasures Inspector or his deputy or deputies shall request said person so haul-ing said coal to return to the same scales immediately after so delivering said coal to the pur- chaser, in order to have the vehicle in which the said coal is being g hauled wei g ed. said -person so hauling said coal, shall immediately return the said vehicle to such scales after so delivering said coal- for the purpose of having said vehicle weighed,8 , p nd said Inspector of Weigh's and Measures or his deputy or deputies shal3. see both ^said coal and said vehicle so weighed fln�7sha.11 make a record of s wei g:�t and shall such give a certificate of the weight of said vehicle to the person who shall. ''ave purchased said coal., on the f request such person shall of and sha, l furnish the perso.z so haul ' ing said coal With a duel-ieate of said certificate, Said Inspector of Weights and IrLea,sures, or his deputy P or deputies, may stop an�T person who may be hauling saidooal. in a,ny vehicle and inquire of him Whether or not he 7— is hauling coal from any yard or place where coal is kept for sale to any place in said City for delivery, and such person so hauling said coal shall truly inform said Inspector of Weights and Measures, or his deputy or deputies, whether or not he is so hauling said coal. from any yard or plata ,Jhere coal is kept for sale to any place in said City f or delivery, and shall truly inform said Inspector of Veights and measures, or his deputy or deputies, from what yard or Place he is so hauling said coal , for what persons and to what place he is so hauling said coal-, and shall truly give his own name when requested by said Inspector of `,eights and Measures or deputy. Section 19 . Every person selling any coal from any yard or other place within tha City of Fort North where coal is Dept for sale shall send with the driver of the vehicle in which the same shall be delivered a certificate or ticket showing the gross weight of the vehicle and contents end also the tare (the weight of the vehicle) and the net weight of the coal so delivered, as well as plainly show- ing the name of the person or corporation fur Dishing said coal , which certificate shall be taken by the s•:=.id driver and delivered either to the purchaser or some person in cl-iarge of the place where said coal shall be delivered; provided the amount of coal so being deliver ed shall exceed $1 .00 in value. SAction 20. Every person who shall have erected scales in any street, avenue or other public place in the City, suita'ole for T-eighing load of coal , shall weigh any coal and the vehicle in which the same is being drawn for the Inspector of "Veights and Measures, or his deputy or deputies, at his or their request, free of charge, and shall give said Inspector of Weights and Measures, or his deputy or deputies, a certificate of the weight of said coal. and of the vehicle in which the same is being hauled. Section 21. That the standard for neasuring fire rood shall be by the cord, that is, estimating each cord to contain One Hundred and Twenty-eight (128) cubic feet. Section 22. It shall be the duty of the In-spector of Weig%.ts and measures, or his deputy or deputies to inspect and ,-neasure any and ail- fire %vood within the city,- upon request 8- ' by any person, firm or corporation whatever, and in making said measurement he shat-1 .,Hake all reasonable allowance for loss and shrinkage vihere the wood is crooked or l ;osely packed, so as to make the same equal to straight wood packed tightly, and sha.l.l estiMate a cord to contain One Hund- red and Twenty-eight (128) cubic feet; and he shall. furnish to any such person or corporation making such request a certificate stat- ing the true quality of the load and quantity of wood inspected and measured by him, and the date of such inspection and the raea.surement and the¢name of the person for tivhom such inspection 7183 :Wade. Section 23. Every person, firm or corporation selling ice or offering ice for sale shall at the time of the delivery of any ice sold, if requested so to do by the purchaser of such ice or any servant or employee of said purchaser to whom the delivery of such ice is made, weigh the quantity of such ice delivered, and for that purpose every such person, firm or corporation selling ice or of- fering ice for sale shall be provided with a, steel yard balance or other suitable scale which sha1.1 have been duly adjusted and sealed by the Inspector of %'Oeights and 1deasures in accordance with the pro- visions of this ordinance, and all ice soJ.d within the city shall be sol-d by avoirdupois weight. That such ice, when demanded by the pur- chaser or his servant or enp1 ogee, shat 1. be weighed at the wagon of the person delivering such ice and shall be weighed in the presence of the person demanding the same, or in came the person does not de- sire to be present the said person delivering said ice shall furnish to the person demanding the same the weight of such ice. The provi- sions of this section shall not apply where the amount of the p=- chase shall be J-ess than(25 ) twenty-five pounds.I Section 24. Tdo person, firm or corporation shall sel.1 or offer for sale within the City of Fort :forth any milk or cream in bottles or in glass jars, unless such bottles or glass jars be of a, capacity of either one gill , one-half pint, one pint, one quart, one-half 99,31-on or one ga1.1.on, and no milk or crea.n sha1.J be sold or offered fo(r sale in any bottle or glass jar of a size or capacity other than or different from the sizes and ca.pa,city herein prescribed, Each such bottle or glass jar in which milk or cream is sold or offered for sale shall have blown into it, or indelibly marked thereon, in a legible or conspicuous manner, the capacity thereof or have the capacity thereof indelibly marked or printed on the cork or stopper of each bottle, or printed or marked on the cap of each jar, and the Inspector of Weights and Measures shall have the right at any time to examine any bottle or glass jar in which milk or cream is sold or offered for sale, or which is used by any person or corporation for the purpose of containing milk or cream to be sold or offered for sale, in order to ascertain whether such bottle or jar is of the capacity which it purports to be� Section 25. That 27 cubic feet shall constitute a cubic yard of g-ravel or sand or dirt, and all- persons furnishing and delivering sand or gravel or dirt may be required by the Inspector nr-Weights and, I,lec,sures, whenever he is requested by any citizen complaining of sane, to submit their wagons or other vehicles carrying said gravel., sand. or dirt, to the inspection of said Inspector of Weights and Idea.sures, for the purpose of determining the amount of gravel or sand or dirt being delivered or hauled by the said person, and such person hauling or delivering said gravel or sand or dirt raay be required by the Inspector to displp-y his ticket or receipt showing the amount of gravel.. or sand or dirt contained in his wagon or ve- hicl-,e hawing some. That the said Inspector of Weights and It2easures TrLay bharge a• fee of 5 cents per load for each and every load of gravel , sand or dirt measured and inspected by him a:t the request of any person. Section 26. That the Inspector of 1'eigh.ts and Measures shall have the authority to weigh all wagons containing corn, oats, or other a.gricul tural or manufactured products, in the same manner that wagons containing coal are weighed, and it shall be the duty Of all persons owning or driving any wagon containing any of the above enumerated products to permit his t7.-!agon to be weighed by the Inspector of. ``eights and Measures, when so requested bo do for the purpose of determining the amount of products contained in said wa- t 10- gon. The Inspector of Weights and Measures shall require all wagons containing such products to bib weighed whenever so requested by any citizen, and in such case the citizen making such request shall pay the expense of weighing such wagon and shall pay to the Inspector of Weights and Measures a fee of 10 cents per° load for each and every load required to be examined and weighed. Section 27. Every person, firm or corporation selling or of- fering for sale within the city of Fort Worth any gasoline, naptha or other product for use in automobile or other gasoline driven engine 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 as a container or measuring device, a sign stating the product sold, whether gaso- line, naptha or other product. And it shall be the duty of the inspector of weights and measures to test and prove all measures, automatic measuring pumps, or other measuring devices used for meas- uring gasoline, naptha, or any other product for the purpose od de- tecting inaccuracies, and any person, firm or corporation owning or operating any such measure, automatic measuring pump or other device shn.11 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 as "correct" where found to be correct and ahall seal as "condemned" where found incorrect , and it shall be unlgw- 0 ful for any person, firm or corporation to�tperate or use any such measuring device for measuring There sealed � "condemned" or to sell, cause or permit to be sold any products other than that which it is respresented to be. Section 28. It shall hereafter be unlawful for any person, firm or corporation or trustee, receiver, agent, officer, em- ployee or servant thereof, who sha11 sell or offer for sale or per- mit or cause to be sold or offered for sale any commodity or article of merchandise of any kind whatsoever, whether sold by dry measurement or liquid measurement, or linear measurement, or super- 11- ficial measurement, or cubic measurement, or by weight, or by any unit of enumeration used in determining or measuring quantity,' by selling or offering for sale or cuasing or permitting to be sold or offered for sale any commodity or article of merchandise of any kind whatsoever ir44uantities of Less weight or measure or enumera- tion represented by the vendor, or his agent or employee upon such sale or offer of sale, or who shall sell or offer for sale or cause or permit to be sold or offered for sale any commodity in any recep- tacle containing a less quantity than it is represented at the time of offer or sale to contain, or any articl. e 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 effered for sale any article4Ary measurement , in other than a legal dry measure -- or any article of liquid measurement in other than a legal measure or any other measure wrich has not been inspected by the Inspector of Weights and Measures in accordance with and pursuant to the provisions of this ordinance. Section 29 . It dhall be unlawful for any person, firm or cor- poration to practice deceit or fraud of any kind whatever in the sale of wood, coal, grain, berries, fruit, tegetabl es, liquids or fluids or any kind or any dither commodity or article of merchandise so of any kind whatever whether sold by dry measure or liquid measure by selling oroffering 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 measures 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 12- Son" as herein used, shall mean and include any and all persons, firms, associations and corporations. Sedtion 31. Any person violating any of the provisions of this ordinance, or any person failing or refusing to do ahy of the things therein required shall be deemed guilty of a misdemeanor and upon conviction thereof, shell be punished by a fine not ex- ceeding $200.00; provided each day' s violation or each day' s failure t � w o com�';Vly With any of the ;provisions of this ordinance shall con- stitute a separate offense. Section 32. The holding or adjudication of any section, or subdivision of any section, or any part of any subdivision of a section of this ordinance to be invalid, shat.1 not affect the vali- dity of any other section, subdivision of a section, or part of a, subdivision of a section thereof, but 9.31 other sections, subdivi- sions of sections, and parts of subdivisions of sections, shall be and remain in ful]. force and effect . Section 33. This ordinance shall be in force and effect from and after its passage and five days' publication, as required by law; provided, however, that Sections 6, 7, 8, 10, 11, 13, 149 19, 23, 24, 25, 26, 28, and 29, shall be in force and effect from and after the first day of February, A. D. 1917. Approved as to form; orpor^aQion Counsel..