CHAPTER 32.
Weights and Measures.[37]
| § 1. |
City sealer—Appointment; compensation. |
| § 2. |
Same—Powers and duties generally. |
| § 3. |
Same—Records and reports. |
| § 4. |
Procuring and keeping set of weights and measures, etc. |
| § 5. |
Sealing and marking weights and measures. |
| § 6. |
Condemnation and destruction of incorrect weights and measures;
condemnation for repairs. |
| § 7. |
Seizure for use as evidence of false or unsealed weights, measures,
etc. |
| § 8. |
Hindering or obstructing city sealer. |
| § 9. |
Offenses in regard to weights and measures. |
| § 10. |
Sale or delivery of solid fuel—Registration of dealers. |
| § 11. |
Same—Delivery tickets. |
| § 12. |
Same—Weights taken and attested by city sealer. |
| § 13. |
Same—Penalty for violation of sections ten to twelve. |
Sec. 1. City sealer—Appointment; compensation.
The council may appoint a city sealer of weights and measures,
who shall hold office at the will of the council and shall receive
such salary as the council may prescribe. (Code 1932, § 118.)
For state statute providing for local sealers of weights and measures,
see § 1485(5) of Michie's Virginia Code of 1942.
Sec. 2. Same—Powers and duties generally.
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, or 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 or articles for distribution or
consumption purchased or offered or submitted by such person for
sale, hire or award; and 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 provided by law.
The city sealer shall perform such other duties as may be required
of him by the council or the city manager. (Id., § 120.)
For similar state law, see § 1485(7) of Michie's Virginia Code of
1942.
Sec. 3. Same—Records and reports.
The city sealer shall keep a complete record of all of his official
acts, and shall make an annual report to the council, and an annual
report duly sworn to, on the first day of October, to the state commissioner
of agriculture and immigration, on blanks furnished by
the latter, and also, any special reports that the latter may request.
(Id., § 123.)
For similar state law, see § 1485(10) of Michie's Virginia Code of
1942.
Sec. 4. Procuring and keeping set of weights and measures,
etc.
The council shall procure at the expense of the city and keep at
all times a set of weights and measures and other apparatus as
complete, and of such materials and construction as the state commissioner
of agriculture and immigration may direct. Such weights
and measures, and other apparatus shall be deposited with and
preserved by the city sealer as public standards for the city. (Id.,
§ 119.)
For similar state law, see § 1485(6) of Michie's Virginia Code of
1942.
Sec. 5. Sealing and marking weights and measures.
Whenever the city sealer compares weights, measures or weighing
or measuring devices and finds that they correspond or causes
them to correspond with the standards in his possession, he shall
seal or mark such weights, measures or weighing or measuring
devices with appropriate devices to be approved by the state commissioner
of agriculture and immigration. (Id., § 121.)
For similar state law, see § 1485(8) of Michie's Virginia Code of
1942.
Sec. 6. Condemnation and destruction of incorrect
weights and measures; condemnation for repairs.
The city sealer shall condemn and seize and may destroy incorrect
weights, measures or weighing or measuring devices which,
in his best judgment, are not susceptible of satisfactory repair,
but such as are incorrect and yet, in his best judgment, may be
repaired, he shall mark or tag as "condemned for repairs" in a
manner prescribed by the state commissioner of agriculture and
immigration. The owners or users of any weights, measures or
weighing or measuring devices of which such disposition is made
shall have the same repaired and corrected within ten days, and
they may neither use nor dispose of the same in any way, but shall
hold the same at the disposal of the sealer. Any weights, measures
or weighing or measuring devices which have been "condemned
for repairs," and have not been repaired as required above, shall
be confiscated by the sealer. (Id., § 122.)
For similar state law, see § 1485(9) of Michie's Virginia Code of
1942.
Sec. 7. Seizure for use as evidence of false or unsealed
weights, measures, etc.
The city sealer is hereby authorized and empowered to seize for
use as evidence, without formal warrant, any false or unsealed
weight, measure or weighing or measuring device or package or
amount of commodity found to be used, retained or offered or exposed
for sale or sold in violation of law. (Id., § 124.)
For similar state law, see § 1485(11) of Michie's Virginia Code of
1942.
Sec. 8. Hindering or obstructing city sealer.
Any person who shall hinder or obstruct in any way the city
sealer in the performance of his official duties shall be guilty of a
misdemeanor and, upon conviction thereof, shall be punished by
a fine of not less than twenty nor more than two hundred dollars,
or by imprisonment in jail for not more than three months, or by
both such fine and imprisonment. (Id., § 125.)
For similar state law, see § 1485(12) of Michie's Virginia Code of
1942.
Sec. 9. Offenses in regard to weights and measures.
Any person who, by himself or by his servant or agent, or as
the servant or agent of another person, shall offer or expose for
sale, sell, use in the buying or selling of any commodity or thing
or for hire or award, or in the computation of any charge for services
rendered on the basis of weight or measure, or in the determination
of weight or measure when a charge is made for such determination
or retain in his possession a false weight or measure
or weighing or measuring device or any weight or measure or
weighing or measuring device, which has not been sealed by the
state commissioner or by a sealer or deputy sealer of weights and
measures within one year, or shall dispose of any condemned
weight, measure or weighing or measuring device contrary to law,
or remove any tag placed thereon by the state commissioner or by
a sealer of weights and measures; or who shall sell or offer or expose
for sale less than the quantity he represents, or shall take or
attempt to take more than the quantity he represents when, as the
buyer, he furnishes the weight, measure or weighing or measuring
device by means of which the amount of commodity is determined;
or who shall keep for the purpose of sale, offer or expose for sale,
or sell any commodity in a manner contrary to law; or who shall
violate any provision of this chapter for which a specific penalty
has not been provided; or who shall sell or offer for sale, or use or
have in his possession for the purpose of selling or using any device
or instrument to be used to or calculated to falsify any weight
or measure shall be guilty of a misdemeanor, and shall be punished
by a fine of not less than twenty nor more than two hundred dollars,
or by imprisonment for not more than three months, or by
both such fine and imprisonment. (Id., § 126.)
For similar state law, see § 1485(23) of Michie's Virginia Code of
1942.
Sec. 10. Sale or delivery of solid fuel—Registration of
dealers.
Every person who shall sell or deliver or attempt to sell or deliver
solid fuel, consisting of coal, coke, or any manufactured or
patented fuel not sold by liquid or metered measure, to consumers
in the city, or who shall solicit, receive or take orders for the sale
or delivery of such solid fuel to consumers in the city, hereinafter
termed coal dealer, shall, before doing so, register his name with
the city sealer of weights and measures. (Ord. April 3, 1939.)
Sec. 11. Same—Delivery tickets.
Every delivery of solid fuel as aforesaid shall be accompanied
by a delivery ticket which shall show (1) the coal yard, storage
yard, mine tipple or other point of origin from which delivery is
being made; (2) a brief description of the kind and grade of solid
fuel being delivered attested by the signature of the owner of said
point of origin or his agent; (3) the name and address of the person
claiming to be the owner of the load of solid fuel being delivered;
(4) the name and address of the purchaser; and (5) the
gross, tare and net weight of the load being delivered, taken the
same day on which delivery is being made, on scales which have
been duly tested, approved and sealed by the sealer of weights and
measures of the city and the date and time the same were taken,
and the license number of the vehicle so weighed attested by a
weight master appointed by the sealer of weights and measures
of the city. (Id.)
For provisions of state law as to delivery ticket, see § 1485(17) of
Michie's Virginia Code of 1942.
Sec. 12. Same—Weights taken and attested by city
sealer.
The weights required to be stated on the delivery ticket may also
be taken and attested by the sealer of weights and measures of the
city or his deputy, and on application by any coal dealer he shall
weigh and determine the gross, tare and net weights and attest the
same as required in the fifth subdivision of section 11 of this chapter,
for which service the coal dealer whose load is so weighed by
the city sealer of weights and measures or his deputy, shall pay to
the city five cents per ton of solid fuel so weighed. (Id.)
Sec. 13. Same—Penalty for violation of sections ten to
twelve.
Any person violating any of the provisions of sections 10 to 12
of this chapter, shall, upon conviction, be punished by a fine of not
less than ten dollars nor more than two hundred dollars. (Id.)
