Loading...
HomeMy WebLinkAboutOrdinance 1926 ORDINANCE NO. 'V`A A REVISED AND DIGESTED WEIGHTS AND MEASURES OR- DINANCE REVISING AND DIGESTING ORDINANCE NUMBER 1464 AS PROVIDED BY SECTION 2, CHAPTER 26 OF THE CHARTER OF THE CITY OF FORT WORTH; REVISING AND DIGESTING ORDINANCES RELATING TO THE CREA- TION OF THE OFFICE OF INSPECTOR OF WEIGHTS AND MEASURES IN THE CITY OF FORT WORTH; DESCRIBING HIS DUTIES; A STANDARD OF WEIGHTS AND MEASURES FOR THE CITY OF FORT WORTH; REGULATING THE TESTING AND USE OF WEIGHING AND MEASURING DE- VICES; PROVIDING FOR THE ISSUANCE OF CERTIFICATES OF ACCURACY OF 7MIGHING OR MEASURING DEVICES; PROHIBITING THE GIVING OF SHORT WEIGHTS OR MEASURES; REGULATING THE MANUFACTURE AND SALE OF CERTAIN COMMODITIES WITH RESPECT TO WEIGHT, MEASURE AND NUMERICAL COUNT; CONTAINING SPECI- FICATIONS AND TOLERANCES; SPECIFYING THE WEIGHT PER BUSHEL OR BARREL OR DIVISIBLE MERCHANTABLE QUANTITIES OF A BUSHEL OR BARREL OF CERTAIN COMMODITIES; DEFINING CERTAIN TERMS; PROVIDING PENALTIES FOR VIOLATIONS OF THIS ORDINANCE; CONTAINING A SAVING CIAUSE; REPEALING ALL FORMER ORDINANCES IN CONFLICT MIERLTITH; PRO- VIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL LAWS OF THE STATE OF TEXAS AND ENACTING THE NECESSARY PROVISIONS INCIDENT TO THE OBJECT AND PURPOSE OF THIS ORDINANCE; AND DECLARING AN EMERGENCY AND THE EFFECTIVE DATE OF THIS ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT 'NORTH, TEXAS: SECTION I. There is hereby created the office of Inspector of !Heights 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 Di- rector 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. Sealer to Purchase Weights and Measures: Standard of Weights and Measures; Custodian. The Sealer of Weights and Measures of the City of Fort Worth shall procure through the Pur- chasing Agent a complete set of accurate weights and measures and shall cause the same to be tried, proven, sealed and, certified by the official custodian of Weights and Measures of the State of Texas. Thereafter such weights and measures shall be the standard of weights and measures for the City of Fort Worth, and for all vendors therein. The Standard of Weights and Measures adopted and used by the Government of the United States and by the State of Texas is hereby declared the only legal Standard of Weights and Measures within the limits of the City of Fort Worth, and the Specifica- tions and Tolerances as recommended by the government of the United States and the State of Texas for the various weighing and measur- ing devices, except liquid measuring devices of the retail type, 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 Stand- ard 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 or- dinance with reference to weights and measures, then in such event the Standard herein prescribed shall control. The Sealer of Weights and Measures 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 es- tablished and prescribed by law. SECTION III, Whenever the Inspector of Weights and Measures shall find any weighing or measuring device to be incorrect and not suscepti- ble of satisfactory repair, he shall condemn and seize and may destroy same; but such weighing and measuring devices as are in- correct and yet may be repaired shall be marked or tagged "out of order." Whoever removes or defaces any tag or device placed by the Inspector of Weights and Measures upon any weighing or measur- ing device, except the Director of Public Health and Welfare or any person acting for him, shall be deemed guilty of a misdemeanor and shall be punished as hereinafter provided in this ordinance. Whoever shall use or allow to be used or who shall dis- pose of any weighing or measuring device which has been declared out of order, except as herein provided, shall be deemed guilty of a misdemeanor and shall be punished as hereinafter provided in this ordinance. Weighing and measuring devices which have been tagged or marked "out of order" may be removed for the purpose of trading same in as part of the price of a new device, but notice of such disposition with such descriptive information as may be required by the Inspector of Weights and Measures shall be furnished to the Inspector of Weights and Measures in writing, within three days from the time of such removal. Any person buying, receiving or taking in any weighing or measuring device which has been tagged "out of order" shall notify the Inspector of Weights and Measures in writing within three days, giving such descriptive information as may be required by the Inspector of Weights and Measures, and stating the disposi- tion of such weighing and measuring device. No person shall change, remove or deface the serial num- ber or identification number on any weighing or measuring devicep All scales shall be placed on the counter in such posi- tion that the reading on the customer's or operator's side of the scale shall be in plain view of the customer and operator. No posters or anything shall be posted or hung on the scale so as to obstruct the view of any weight or amount of reading at any timed Scales shall not be placed under a fan of any kind or in 'such po- sition that a fan of any kind affects the true reading of the scales. SECTION IV. If any person, either by himself or his employee or agent, or as the employee or agent of another, shall use any weighing or measuring device in the purchase or sale of any com- modity before such device is tested and sealed as provided in the foregoing sections of this ordinance, or shall use any such de- vice that is incorrect according to the Standard prescribed in this ordinance, or shall alter or permit to be altered any such de- vies which has been sealed as set out in the above section of this ordinance, such person shall be deemed guilty of a misdemeanor and shall be punished as hereinafter provided in this ordinance• Possession of any incorrect weighing or measuring device or any weighing or measuring device which has been altered after being sealed by the Inspector of Weights and Measures shall constitute prima facie evidence of knowledge of the incorrectness of same or the alteration of same. SECTION V, The Inspector of Weights and Measures shall have the power to arrest any violator of this ordinance and to seize for use as evidence any false or incorrect weighing or measuring de- vice and any weighing or measuring device that has been tampered with after being sealed by the Inspector of Weights and Measures found in the possession of any person• SECTION VT, It shall be unlawful for any person, either by himself or his employee or agent, or as the employee or agent of another, to fail or refuse to exhibit to the Inspector of Weights and Meas- urea any weighing or measuring device for the purpose of having same inspected and tested as required by this ordinance. SECTION VII. 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, offer, or expose for sale any commodity in bulk or in package form in less weight, measure or numerical count than that represented by such person or represented on such package to the purchaser of said commodity. The offense defined in this section shall be a misde- meanor and shall be punishable as hereinafter provided in this ordinance. SECTION VIII. SALE NOT FOR IMMEDIATE CONSUMPTION: It shall be unlawful to sell, except for immediate consumption on the premises, liquid commodities in any other manner than by weight or liquid measure, or commodities not liquid in any other manner than by measure of length, by weight, or by numerical count, provided, however, that nothing in this section shall be construed to prevent the sale of fruits, vegetables, and other dry commodities in the standard barrel, or of berries and small fruits in boxes as provided for by State Law, or of vegetables or fruits usually sold by the head or bunch in this manner. For the purpose of this section, the term "commodities not liquid" shall be construed to include goods, wares and mer- chandise which are not in liquid form, and which have heretofore been sold by measure of length, by weight, by measure of capacity, or by numerical count, or which are susceptible of sale in any of these ways. SECTION IX. SALE BY NET WEIGHT: Whenever any commodity is sold on a basis of weight, it shall be unlawful to employ any other weight in such sale than the net weight of the commodity, and all con- tracts concerning goods sold on a basis of weight shall be under- stood and construed accordingly. Whenever the weight of a com- modity is mentioned in this ordinance, it shall be understood and construed to mean the net weight of the commodity. SECTION X. RIGID FOUNDATION: It shall be unlawful for any person to use, or retain in his possession for use, any weighing or measur- ing device unless the same is installed on a suitable and rigid foundation or support. SECTION XI. BREAD: 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 bread otherwise than in the following units of weight: one pound net, one and one-half pounds net, or multiples of one pound net. All bread offered or exposed for sale in the City of Fort Worth shall be wrapped, and such wrappers shall bear the true net weight and the name and address or permit number of the manufac- turers of said bread in a plain and conspicuous position; if permit number is used, the manufacturer shall make application to the Director of Public Health and Welfare upon forms prescribed and furnished by the Director of Public Health and Welfare, and upon satisfactory information the Director of Public Health and Welfare shall assign to said applicant, free of charge, a permit number which shall be attached to each package as heretofore pro- vided. Any person violating any of the provisions of this section of this ordinance shall be punished as hereinafter provided in this ordinance. SECTION XII. BREAD: The weight specified in the preceding section shall mean net weight not more than twenty-four hours after bak- ing. All bread offered or exposed for sale in the City of Fort Worth shall for the purpose of this section be deemed prima facie to have been baked within twenty-four hours, unless such bread is marked, designated, or segregated as "stale bread." The variation and tolerance in the weight of bread al- lowed shall not exceed one ounce (1) per pound in excess or de- ficiency within the required twenty-four hours. The weights set out in this section shall not apply to crackers, pretzels, bis- cuits, buns, rolls, or loaves of fancy bread weighing less than one-fourth (1/4) pound avoirdupois. Any person violating any of the provisions of this sec- tion of this ordinance shall be deemed guilty of a misdemeanor, and shall be fined not less than $25.00 nor more than p200,00, All bakery products wrapped prior to sale shall have the net weight or numerical count plainly and conspicuously marked on the outside of each package. SECTION XIII. WOOD: 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, offer or expose for sale any wood other than by the following measurements: All wood shall be sold by the "cord" or faction thereof; in all contracts for the sale of wood the term "cord" shall mean 128 cubic feet of wood. Any person vio- lating 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 XIV. SAND, GRAVEL, CRUSBW STONE, ETC. : 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, offer or expose for sale sand, gravel, crushed stone or any similar commodity other than by the following specifications: one (1) cubic yard; one and one-quarter (1-1/4) cubic yards; one and one-half (1-1/2) cubic yards; one and three-quarters (1-5/4) cubic yards; two (2) cubic yards; and three (5) cubic yards; except that where any of the above commodities are sold by written contract, the term of this paragraph or 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 boa in cubic feet or cubic yards in figures not less than two and one-half (2-1/2) inches in height and one and one-half (1-1/2) inches in width. 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 cor- poration to whom said delivery is made at the time of making such delivery, and on each of saia delivery tickets and duplicates thereof shall be marked in ink or other indelible substance khe number of cubic feet or cubic yards of said commodity 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 XV. BUTTER: It shall be unlawful for any person, by himself or by his employee or agent, or as the employee or agent of another, to manufacture for sale, sell, offer or expose for sale any butter or renovated or processed butter or oleomargarine, otherwise than in the following units of weight: one-quarter (1/4) pound net, one-half (1/2) pound net, one (1) pound 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 con- tainer of butter or renovated or processed butter or oleomargar- ine shall bear in a conspicuous position a plain statement of its net weight with the name and address or permit number of the manufacturer thereof upon the wrapper of each print, brick, or roll, or upon the creek, tub or container. If a permit number be used, the manufacturer shall make application in writing to the Public Health and Welfare Director of the City of Fort Worth upon forms prescrIt" and furnished by the Director of Public Health and Welfare and setting forth such information as the Director of Public Health and Welfare may designate, and upon satisfactory information the Director shall assign to said appli- cant, free of charge, a permit number which shall be attached to each package as heretofore provided. It shall be unlawful for any person whatsoever to have in his possession to sell, of- fer or expose for sale any butter or renovated or processed but- ter or oleomargarine which does not comply with the provision of this ordinance. 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. The variation and tolerance in the weight of butter, renovated or processed butter, or oleomargarine allowed under this ordinance shall not exceed one-eighth (1/8) of an ounce per pound in excess or in deficiency on the individual print, brick or roll. The variation and tolerance allowed on the weight of butter packed in crocks, tubs or any container more than two (2) pounds shall be not more than one (1%) per cent of the net weight of butter contained in such crock, tub or container. SECTION XVI. BRICK CHILI: 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 or have in his possession for sale any "chili" otherwise than in the following units of weight: one-quarter (1/4) pound net, one- half (1/2) pound net, one (1) pound net, one and one-half (1-1/2) pound net, or the multiples of one pound net. Each brick, print or roll must be wrapped in wax or cele- phane paper, with the name and address of the manufacturer or permit number and the true net weight on the outside of the wrap- per in a plain and conspicuous position. 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. PERMIT: If a "chili" permit number is used, the manufac- turer shall make application in writing to the Director of Public health and Welfare of this city upon forms prescribed and fur- nished by his office. The variation and tolerance in the weight of "chili" al- lowed under this ordinance shall not exceed one-fourth (1/4) of an ounce per pound in excess or in deficiency on the individual brick, print or roll. SECTION XVII. ICE: It shall be unlawful for any person, either by him- self or his agent or employee, or as the employee or agent of another, to sell ice otherwise than by net avoirdupois weight and such net avoirdupois weight shall be the actual net avoirdupois weight at the time and place of delivery. Every vender of ice in the City of Fort Worth shall, if requested, at the time of actual delivery of any ice sold, weigh the quantity of ice de- livered. 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 em- ployee or agent, or as the employee or agent of another, in de- livering on a regularly established or habitual route to fail, omit or refuse to stop on his regular and daily route at any resi- dence or place where any person resides who has made any com- plaint concerning the short weight of ice or has requested that ice delivered to such person be weighed or at any place where the person delivering ice has theretofore 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 com- plaint as above set out; and it shall be unlawful for any such person to refuse to sell or deliver any quantity of ice requested by qny regular customer. Any person violating the terms of this section of this ordinance shall be deemed guilty of a misdemeanor gnd shall be punished as hereinafter provided in this ordinance. SECTION XVIII. MILK: It shall be unlawful for any person, either by him- self or his employee or agent, or as the employee or agent of another, to sell, offer or expose for sale milk or cream in bot- tles or similar containers other than of the following sizes: Bottles or similar containers used for the sale of milk or cream in the City of Fort Worth shall be of the capacity of standards for the sale of milk in this city and their capacity shall be in the following sizes, to wit: The Standard U. S. Mallon of 231 cubic inches, the one-half (1/2) gallon, the quart, the pint, the one-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 pro- vided in this ordinance. SECTION XIX. 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 bottles as noted in the col- umn headings: Capacity Tolerance on Tolerance on InZividual lee Average o-n ants 1/2 gallon 6 drams 1.4 cu. in. 1.5 drams 0.35 cu. in. 1 quart 4 drams .9 cu. in. 1.0 drams .23 cu. in. 1 pint 5 drams .7 cu. in. .75 drams .17 cu. in. 1/2 pint 2 drams .5 cu. in. .15 drams .12 cu. in. 1 gill 2 drams .5 cu. in. .15 drams .12 cu. in. The last column of figures set out above shall be de- termined by finding the error on each of not less than twenty- five (25) milk bottles selected at random from at least four (4) times the number of milk bottles tested, and taking the average of these errors. SECTION XX. METHOD OF SALE OF CERTAIN COMMODITIES, MEAT AND CHEESE, OTHER COMMODITIES: 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, offer or expose for sale any meat or meat food products otherwise than by standard net avoirdupois weight at time of sale and delivery. For the purpose of this section the following shall be ]mown as meat and meat food products: all fresh, cured or salt meats, fish, sausage, chili, head cheese, souse meat, loaf meat, boneless meat, shredded meat, hamburger meat, or any other manu- factured or processed meat or meat food products. 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 XXI, METHOD OF SALE OF POULTRY; 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, offer or expose for sale in the City of Fort Worth any poultry otherwise than by standard net weight at time of sale. This section shall be construed to require that all poultry sold by live weight must be weighed alive at time of sale, and any poultry dressed or killed prior to time of sale must be sold by net weight at time of sale and not by live weight. Any person violating; this ordinance shall be deemed guilty of a misdemeanor and shall be punished as here- inafter provided in this ordinance. SECTION XXII. NET CONTAINER: No person shall sell, offer or expose for sale any commodity in packages or containers unless the name and address or permit number of the packer or manufacturer and the quantity of the contents of said package or container be plainly and conspicuously marked on the outside of said package or con- tainer, by giving the name and address or permit number of the packer or manufacturer, weight, measure or numerical count there- of; 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. If permit number is used the manufacturer shall make ap- plication to the Director of Public Health and Welfare upon forms prescribed and furnished by the Director of Public Health and Welfare, and upon satisfactory information the Director of Public Health and Welfare shall assign, free of charge, to said appli- cant a permit number which shall be attached to each package as heretofore provided. Statements of weight shall be in terms of avoirdupois, pounds and ounces; statements of liquid measures shall be in terms of the United States "llon 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 States 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. The quantities of viscous or semi-solid foods or mix- tures of solids and liquids may be stated either by weight or measure, but the statement shall be defined 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 of the contents may be stated in terms of minimum weight, minimum measure or minimum numerical count, for example: (1) minimum weight, 16 ounces; (2) minimum volume, one (1) gal- lon; 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 quan- tities for the contents marked on the package shall be allowed, except where such package or container is 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 pack- ages to evaporation or the absorption of water; and the reason- ableness of such discrepancies Will be determined by the facts in each case. Whoever violates any of the provisions or terms of this section of this ordinance shall be guilty of a misdemeanor and shall be punished as hereinafter provided in this ordinance. SECTION XXIII. GASOLINE - LIQUIDS IN GENERAL: The following specifica- tions and tolerances for liquid measuring devices shall hereafter be in force in the City of Fort Worth. SPECIFICATIONS: (1) Definition: A mechanically operated liquid measuring device, hereinafter referred to as a liquid measuring 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 character of their primary in- dicating 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, or grease measuring devices. (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 accuracy of their measurements, or the correct functioning of their operating or indicating parts. (3) Plumb and Level Conditions: All liquid measuring de- vices shall be so designed and constructed that they will be in normal operating position when they are level; all liquid measur- ing devices shall be installed plumb and level; and their in- stallation shall be of such strength and rigidity as to maintain this condition. (4) Mean to Determine Level: Liquid measuring devices, the indications or deliveries of which are changed by an amount greater than one-half the tolerances allowed, when set in any position on a surface making an angle of five per cent, or ap- proximately three (3) degrees with the horizontal, shall be equipped with suitable means by which the level can be determined and established, such as a two way or circular level, a plumb bob, leveling lugs, etc. (5) Units of Delivery: Liquid measuring devices shall have the following discharge capacities per stroke or per cycle of the primary indicating elements, and these only: a multiple of the gallon, or a binary submaltiple of the gallon, that is, the quantity obtained by dividing the gallon by the number two, or a power of the number two; provided, however, that a device may be constructed to deliver other amounts than the above cor- responding to predetermined money value at a definite price per gallon, but in such cases the device shall be so constructed that the price per gallon at which it is set at any time will be clear- ly indicated to the customer by automatic means. Fractional parts of a gallon may be indicated in the terms of decimal or binary-submultiple subdivision. (6) 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 clearly and dis- tinctly indicate whether or not the system is properly filled before a delivery is begun. This specification shall not be construed to prohibit a manual operated valve in the standpipe, but shall prohibit a check valve in the discharge line in such a position that the partial emptying of the system would not be disclosed; provided, however, that a check valve in the dis- charge line shall be permitted when an efficient air eliminator or other means is provided to prevent inaccuracies of measurement due to air or vapor in the liquid. Said device shall not be used unless device is full at time of use or delivery is com- me nc ed. (7) Indications of Delivery Required: All liquid measur- ing devices shall be so designed and constructed that the ini- tial zero condition 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 requirements that the full discharge shall have been completed before regis- tration shall not apply to the dribble flow caused by the place- ment of 4 piston 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. (8) Sensitiveness: All liquid measuring devices shall be so designed and constructed 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 de- termining the amount of liquid discharged, the length of such scale or dial equivalent to the tolerance at any graduation must be readily appreciable when the character of the indication element and its normal distance from any position in reference to the observer's eye are taken into consideration. The gross inside cross-sectional area of the measuring chamber shall in no case be less than 75 square inches nor more than 118 square inches, and, if cylindrical, the inside diameter of the measur- ing chamber shall in no case be less than 9.75 inches nor more than 12.25 inches. (9) Constancy of Delivery: The amounts delivered by any liquid measuring device shall not vary from the standard by more than the tolerances hereinafter provided: (1) irrespective of the speed at which the device is operated; and (2) irrespective of the time elapsing between operations, subject to the condi- tions of the special elapsed-time test described below. "k special elapsed-time test shall be made to determine whether the device is satisfactory with respect to condition (2) above. In order to comply with this test the condition of the device shall be such that the error due solely to the non-use of the device does not exceed 2 cubic inches per hour. Provided, however, that in the case of a new device the permissible errors shall be one-half the values given above." (10) Indicating and Registering Parts: Counters, gradu- ated scales and dials and reading faces used on liquid measuring 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 or the unit price or the total price thereof shall be of such size and style and shall be so located and exposed that they are clearly visible to and readable by the customer from any position which he may reasonably be expected to assume; this position shall be construed to mean any position within a field of 120 degrees, defined by two vertical planes each at an angle of 30 degrees with the counter graduated scale or dial or reading face, and passing through the center thereof. The graduations shall be of such character and arrangement that the major ones are more prominent than and are clearly dis- tinguishable from the minor ones. In all types of liquid meas- uring devices which have a graduate scale which at some point or points or at all points constitute 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. Visible type liquid measuring devices equipped with protecting screen shall have the screen removed from the front of indicators by at least one (1) inch in excess of their width. (11) Interlocking of Registering Elements: A liquid meas- uring device in which is incorporated (1) a computing mechanism which indicates the total price of the amount of commodity de- livered, for one of a series of unit prices for which the mechan- ism is set, must include (2) a unit price mechanism by means of which one of the various unit prices is displayed on the device, and shall be so designed and constructed that these two mechan- isms are mechanically interlocked so that when the computing mechanism is set for a certain unit price, this unit price and no other shall be displayed on each face of the device. This specification shall not apply to devices installed prior to the adoption of this ordinance so long as they are used in original location and maintained in suitable condition. (12) Pointers and Indicators: All pointers and indicators which when used in conjunction with 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 line at which they may stand; provided, however, that in the case of pointers and indicators used in connection with straight scales having non-parallel graduation lines and in respect to the non-horizontal lines on such scales, this requirement shall be waived if the pointers and indicators are so designed and con- structed 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 by a horizontal line ex- tended forward from the end thereof shall be exposed to view, and pointer or indicator shall be automatically obscured. Pointers and indicators, which, when used in conjunction with a gradu- ated 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 discharge, or the money value of the delivery at a predetermined price per unit of volume, shall reach to the finest graduation mahY, and the width of the pointer, or of the end thereof, shall not be greater than the width of such marks. (13) 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 measuring 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 or at all points constitute the sole or most sensitive means of determining the amount of liquid discharge, such pointers, indicators or graduations shall be located inside the glass measuring chamber, and not more than 1/16 inch from the surface thereof. (14) Graduated Scales to be Secured: When a liquid measur- ing 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 measur- ing devices of the gauge glass type, a sliding scale will be per- mitted when the displacement of such scale is by suitable means automatically prevented at all times when liquid is being dis- charged from the delivery outlet. (15) Numbering of Graduations: Figures defining the value of graduation shall be uniformly placed in reference to the grad- uation marks, and shall be as close thereto as practicable, but shall not be placed so as to interfere with the accuracy of reading. Such figures shall be in regular sequence, as 0-1-2-3- 4-6 in the 5 gallon visible pump, and 0-1-2-3-4-5-6-7-8-9-10 in the 10 gallon visible pump, and all numerals 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 opera- tor and customer. (16) Capacity of Measuring Devices: Liquid measuring de- vices of the visible type shall be of a five (5) gallon capacity, or some multiple thereof. (17) Scales in Opposite Directions Prohibited: The use on a liquid measuring device of two graduated scales reading in op- posite directions and referable to the same indicating means shill not be permitted. (18). Lettering and Graduation: All marking, instructions, figures and graduations required under these specifications shall be of such size, design, material and location and shall be so applied or affixed that they will net tend easily to become ob- literated or illegible, and must be symmetrical and uniform* (19) Returning of Indicating Element to 'Zero: Liquid measur- ing devices shall be so designed and constructed so that the in- dicating elements used 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, or the total price thereof, shall be returnable readily to a definite and clear zero indication before the next delivery is begun. Means shall be provided to prevent the indicating element from being returned beyond the zero graduation. "Provided, however, that the device may be cleared by advancing and indicating elements to zero but only when the means employed automatically results either in a movement that cannot be interrupted or in an obscuring of the registration, until the zero position is reached." All visible type liquid measuring devices shall be equipped with a stationary overflow pipe so that the liquid will automatically come to proper zero indication when measuring chamber is filled and said chamber shall be filled to proper zero indi- cation before each individual delivery is begun. (20) Stops to be Positive: When the stops or other stroke limiting devices on a liquid 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 se- curity of their positions is provided for by a positive, non- frictional 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. (21) Stop Mechanism to be Definitely Positioned: All liquid measuring devices designed to deliver two or more different predetermined amounts by bringing into operation different stops or other means of defining the 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. (22) Provision for Sealing: All devices adapted to be altered for adjusting or correcting the delivery of a liquid measuring device, or for changing the maximam delivery rate of a meter when this change tends to affect the accuracy of the de- liveries, shall be of such construction that they can be sealed, either separately or together, in such a manner that the posi- tion 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 Specification No. b. (23) Use of Adjustments: No adjustment of the delivery of a defined stroke liquid measuring device shall be permitted ex- cept that intended to produce a piston displacement of cycle of 231 cubic inches per indicated gallon of delivery. Adjustments of piston displacement to correct for leaks, slippage, excessive length of pipe line or other defeats of the installation shall not be permitted. V (24) Assurance of Complete Delivery: All liquid measuring devices shall be so designed and constructed as to furnish assur- ance that all measured liquid which is apparently being delivered from that delivery outlet which is being employed in any par- ticular operation of the liquid measuring device is actually be- ing delivered as long as there is any liquid passing through the delivery outlet. This specification is to be construed to re- quire that all valves in the supply line intended to prevent the reversal of flow of the liquid shall be of such design and con- struction that their closure is automatically affected in the use of the device, and that no device shall be used which has more than one delivery outlet. It is further to be construed that there shall be no means provided by which any of the measured liquid can be diverted from the measuring chamber of the discharge line to the supply tank or elsewhere during the period that liquid is flowing from the delivery outlet. In the case of liquid measuring devices of the visible type, they shall all be so constructed that the measuring chamber is filled from a point at least one-half (1/2) inch above the level of the overflow pipe, and there shall be no means by which liquid can be drawn from the measuring chamber except through the delivery outlet. (25) 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 (5 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 con- structed that it will indicate when any portion of the measured liquid has not been discharged through such valve at the time of closing thereof; provided, however, that in the case of any nomi- nal 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 de- vice shall be so designed and constructed and so located and dis- posed 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 auxiliary visible indicating device designed to indicate drainage of liquid or com- pleteness 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. (26) Time Allowed for Completion of Delivery: All liquid measuring devices shall be so designed and constructed, or so calibrated, that they will deliver into the discharge line on the delivery side of the discharge valve, within the tolerance here- inafter provided, any nominal quantity which they are designed to deliver, within a period of ten seconds after the main flow of liquid has ceased. The main flow shall be construed to cease, in the case of a device of visible type, at the time of the dis- appearance of the liquid in the glass measuring chamber; 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 that the liquid apparently ceases to fall in such chamber shall be used in lieu of the time of the disappearance of the liquid. And provided, further, that in the case of any liquid measuring device equipped with an auxiliary visible indicating de- vice such as is described in Specification No. 25, any conspicu- ous change of indication in this device, such as a sudden drop in the level of the liquid, occurring after the major portion of the delivery has been completed, shall be used in lieu of either of the indications mentioned above, that is, the delivery valve shall be closed, or the operation of the liquid measuring device otherwise discontinued at the termination of the period of time mentioned above, and the amount which shall then have been de- livered shall be taken as the full delivery of the device for the nominal quantity being delivered. (27) Valves in Discharge Line: No liquid measuring device shall be equipped with a discharge valve at the extremity of the hose or elsewhere in the hose line unless the device is so designed and constructed either that it must be operated with the hose full of liquid at all times, or that the fact that the hose is drained will automatically become an immediately obvious one to anyone observing the operation of the device. In case the discharge valve is so positioned there shall be no other valve in any portion of the discharge line leading to this outlet. This specification is not to be construed as allowing a dis- charge valve in the hose in the case of devices in which, with- out the tact being obvious to the observer, 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. (28) 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 mech- anism is discontinued. This specification shall be construed to require that if hose is used its inlet end shall be at least five (5) feet above 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 tend to retain liquid 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 Specification No. 27, may be equipped with a shut-off valve or cock, and are to be operated with the hose full of liquid at all times. No hose longer than twelve (12) feet shall be used on any type of device. (29) Use Limite& to Certain Liquids: Liquid measuring devices which will not give correct results except when used with liquids having particular properties, as for example, high viscosity, shall be conspicuously, clearly and permanently marked to indicate this limitation. Such working may take the form, "Not suitable for gasoline or light oils," "Used only for molasses or heavy oils," or "For viscous liquids only." (30) .fir Release Unit, Vapor or Air in Supply Line: Any installation of a defined stroke, piston type, liquid measuring device shall be such that the total suction head will not be suf- ficient to cause vaporisation of the liquid for which the device is used under the highest temperature and lowest barometer pres- sure likely to occur. Any installation of a meter type liquid measuring device shall include an effective automatic air release unit as close as practicable to the measuring element. (31) Computing Charts: When liquid measuring devices are equipped with money value computing charts, these shall be made In accordance with one of the following principles: (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 value gradua- tion marks and figures; and in any position which the indicator or pointer and the valve graduation marks and figures may assume, the total price of the amount delivered shall be clearly, defi- nitely, and correctly indicated. The value graduation shall not exceed one cent at all prices per gallon up to and including thirty (30) cents. At any price higher per gallon the valve graduations shall not exceed two (2) cents; provided, however, that nothing in the above shall be construed to prevent the plac- ing of a special graduation to represent each five (3) cent in- terval. These special graduations may take the form of dots, staggered graduations, or similar forms, and they shall be so placed that their meaning and value may be clearly understood, but they shall not be placed in the space between the regular graduations. (b) If the device is so designed and constructed that it purports automatically to compute only for deliveries corresponding to a definite series of quantity graduations, then one of the following alternatives shall be complied with: (1) There shall be a value computation for each quantity gradu- ation throughout the range of the device; or (2) no value in- dications may be exposed to view except at such time that the device registers a quantity indication for which a correct value indication is provided; or (3) each value graduation or each col- umn or row of such graduations shall be clearly and conspicuously marked with a character and limitations of the computations made. All money values corresponding to definite quantity graduations must be mathematically correct except as follows: If the mathe- matically correct amount includes a fractional part of a cent, the fraction shall be dropped if it is less than one-half, but if the fraction is one-half or more, the next higher cent may be shown. (32) Fraudulent Construction Prohibited: All liquid meas- uring devices and all devices designed to be attached thereto and used in connection therewith shall be of such design and construc- tion that they do not facilitate the perpetration of fraud. (33) Metric System: No specifications contained in the preceding pages shall be understood or construed to prohibit the sale or use of liquid measuring 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 shall be the same as those specified on similar apparatus of any equivalent size, or at any equivalent capacity in the customary system. (34) Method of Operation: A liquid measuring device shall be operated in accordance with the method of which is obviously indicated by its construction or which is indicated by the manu- facturer through the medium of instruction contained on the device itself; but if the device is operated in any other manner, then the commercial use of the said device shall be prohibited and it shall be subject to condemnation. TOLERANCES Except in special tests described above, the tolerances to be allowed in excess or deficiency on all liquid measuring devices shall be the values shown in the following tables; pro- vided, however, that the manufacturers tolerances or the toler- ances on all new liquid measuring devices shall be one-half of the values given; and provided, further, that these latter tol- erances shall also be applied to all devices which are being re- tested after having been found incorrect and subsequently ad- justed or repaired. Delivery Gallons Tolerance Cu. Inches 1/2 or less • • • • • • • • • • • • • • • • 2 1 • • • • 3 2 4 4 6 7 . . . 9 8 . 10 9 11 10 13 For deliveries of over 10 gallons add 1 cu. inch per in- dicated gallon• SECTION XXTV. Whenever any of the following articles shall be con- tracted for sale, sold or delivered, the weight per bushel or barrel or divisible merchantable quantities of a bushel or barrel shall be as follows: Alfalfa seed, per bushel, 60 pounds Apples, green, per bushel, 50 pounds Apples, dried, per bushel, 28 pounds Barley, per bushel, 48 pounds Beans, green or string, per bushel, 24 pounds Beans, wax, per bushel, 24 pounds Beans, white, per bushel, 60 pounds Beans, castor, per bushel, 46 pounds Beets, per bushel, 60 pounds Blue grass seed, per bushel, 14 pounds Bran, per bushel, 20 pounds, by the 100 pounds in 100 pound bags Buckwheat, per bushel, 52 pounds Carrots, per bushel, 50 pounds Charcoal, per bushel, 22 pounds Clover seed, per bushel, 60 pounds Coal, anthracite, per bushel, 80 pounds Coke, per bushel, 40 pounds Broomcorn seed, per bushel, 48 pounds Cornmeal, unbolted, per bushel, 48 pounds Corn, in the ear, per bushel, 70 pounds, after December Corn, in the ear, new crop, before December 1st, 72 pounds Corn, shelled, per bushel, 56 pounds Corn, Kaffir, per bushel, 50 pounds Cottonseed, per bushel, 32 pounds; by the ton 2000 lbs. Cranberries, per bushel, 33 pounds Cucumbers, per bushel, 48 pounds Flaxseed, per bushel, 56 pounds Gooseberries, per bushel, 40 pounds Hair, plastering, unwashed, per bushel, 8 pounds Hair, plastering, washed, per bushel, 4 pounds Hemp seed, per bushel, 44 pounds Hickory nuts, per bushel, 50 pounds Hungarian grass seed, per bushel, 48 pounds Indian corn or maize, per bushel, 56 pounds Lime, unslacked, per barrel, 180 pounds net Lime, hydrated, per sack, 100 pounds net Lime, hydrated, per bag, 40 pounds net Lime, agricultural, per sack, 100 pounds, net Milo maize, per bushel, 50 pounds Millett, per bushel, 50 pounds Millett, Japanese barnyard, per bushel, 35 pounds Oats, per bushel, 32 pounds Onions, per bushel, 57 pounds Onion sets, tip, per bushel, 30 pounds Onion sets, bottom, per bushel, 32 pounds Orchard grass seed, per bushel, 14 pounds Parsnips, per bushel, 50 pounds Peaches, per bushel, 50 pounds Peaches, dried, per bushel, 28 pounds Peanut, green, per bushel, 22 pounds Peanuts, Georgia or Virginia Spanish, per bushel, 24 pounds Peanuts, roasted, per bushel, 20 pounds Pears, per bushel, 58 pounds Peas, dried, per bushel, 60 pounds Peas, green, in pod, per bushel, 32 pounds Popcorn, in ear, per bushel, 70 pounds Popcorn, shelled, per bushel, 56 pounds Potatoes, Irish, per bushel, 60 pounds Potatoes, Sweet, per bushel, 50 pounds Quinces:, per bushel, 48 pounds Rape seed, per bushel, 50 pounds Red top seed, per bushel, 14 pounds Rice, bran, per sack, 143 pounds Rice, polished, per sack, 200 pounds Rough Rice, per bushel, 45 pounds Rutabagas, per bushel, 50 pounds Rye meal, per bushel, 50 pounds Rye, per bushel, 56 pounds Salt, coarse, per bushel, 55 pounds Salt, fine, per bushel, 50 pounds Shorts, per bushel, 20 pounds; by 100 pounds, in 100 pound bags Sorghum seed, per bushel, 50 pounds Sudan grass seed, No. 1, per bushel, 32 pounds Sudan grass, seed, No. 2, per bushel, 30 pounds Sudan grass, seed, No. 3, per bushel, 28 pounds Spinach, per bushel, 12 pounds Sweet clover seed, unhulled, per bushel, 23 pounds Timbthy seed, per bushel, 45 pounds Tomatoes, per bushel, 56 pounds Turnips, per bushel, 55 pounds Walnuts, per bushel, 50 pounds Wheat, per bushel, 60 pounds Whenever any commodity is sold by the cord it shall mean 128 cubic feet, or the contents of a space eight feet long, four feet wide, and four feet high. Whenever anything is sold by the ton, it shall mean two thousand pounds avoirdupois. When- ever any of the following articles are sold by the cubic yard, and the same are weighed, the following weights shall govern: Torpedo sand or gravel, 5000 pounds equal one cubic yard, and 2500 pounds of bank sand equals one cubic yard. (Acts 1907, p. 244; Acts 1919, p. 233.) SECTION XXV. The word "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 asso- ciations. The words "weighing or measuring devices" as used in this ordinance shall be construed to include all weights, scales, beams, measures of every kind, instruments and mechanical de- vices for weighing or measuring and any appliances and acces- sories connected with any or all such instruments. The word "sell" and "sale" as used in this ordinance shall be construed to include barter and exchange. SECTION XXVI. Any person violating any of the provisions of this ordi- nance shall be deemed guilty of a misde msanor and shall, upon conviction thereof, be fined in any sum not less than ten dollars ($10.00) nor more than two hundred dollars ($200.00). SECTION XXVII. 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 pro- vision thereof. SECTION XXVIII. All ordinances or parts of ordinances in conflict here- with shall be and they are hereby repealed. SECTION XXIX. This ordinance constitutes a digest and revision of other ordinances governing the office of Inspector of Weights and Measures as provided by Section 2, Chapter XXVI, of the Charter of the said City of Fort Worth, and it is ordained that this ordinance shall be published in pamphlet form by the De- partment of Public Health and Welfare as soon as possible after the date of its passage, and shall become effective and be in full force and effect from and after the date so published. SECTION XXX. Whereas, an emergency is apparent for the im►sediate preservation of order, good government and public safety that requires this ordinance to become effective at once; therefore, upon the passage of this ordinance it shall become effective and be in full force and effect from and after the date published as herein provided. APPROVED AS TO FORM AND LEGALITY: y AtterMy N �N — l A)ate / - - day o riled--- �� City Sectetaty