Sec. 36-2. Powers and duties of sealer generally.[418]
When not otherwise provided by law, the city sealer shall
have the power and it shall be his duty within the city to inspect,
test, try and ascertain if they are correct. All weights,
measures and weighing or measuring devices kept, offered or
exposed for sale, sold, used or employed within the city by
any proprietor, agent, lessee or employee in proving the size,
quantity, area or measurement of quantities, things, produce
of articles for distribution or consumption purchased or offered
or submitted by such person for sale, hire or award.
He shall have the power to and shall from time to time weigh
or measure and inspect packages or amounts of commodities
of whatsoever kind kept for the purpose of sale, offered or
exposed for sale, sold or in the process of delivery, in order
to determine whether the same contain the amounts represented
and whether they be kept, offered or exposed for sale
or sold in a manner in accordance with law. He shall at least
twice each year and as much oftener as he may deem necessary
see that all weights, measures and weighing or measuring
devices used in the city are correct. He may, for the purpose
above-mentioned, and in the general performance of his
official duties, enter and go into or upon, and without formal
warrant, any stand, place, building or premises, or stop any
vendor, peddler, junk dealer, coal wagon, ice wagon, delivery
wagon or any person whomsoever, and require him, if necessary,
to proceed to some place which the sealer may specify,
for the purpose of making the proper tests. Whenever the
city sealer finds a violation of the ordinances or statutes relating
to weights and measures, he shall cause the violator to
be prosecuted.
The city sealer shall have such other powers and perform
such other duties as are provided by law or as may be required
of him by the city council or the city manager. (Code 1959,
§ 36-2.)
