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CHAPTER
120: WEIGHTS AND MEASURES Section 120.01 Definitions 120.02 Standards of Weight and Measures adopted 120.03 Unlawful to interfere with inspections by city 120.04 Unlawful to use equipment that has not been inspected 120.05 City to inspect, approve wagon vendors 120.06 Articles
sold by wagon or vehicle load 120.07 Scales
to be protected against the elements Administration and Enforcement 120.15 Inspector of Weights and Measures; office established 120.16 Inspector
to keep standard units of measure 120.17 Inspector
to keep device for marking approval of inspected scales 120.18 Duty
of Inspector to inspect, approve weighing and measuring equipment 120.19 Inspector
to keep public register of inspections 120.20 Confiscation of false scales and weights 120.99 Penalty § 120.01 DEFINITIONS. For the purpose of this chapter, the
following definitions shall apply unless the context clearly indicates or
requires a different meaning. BUSHELS. Where not otherwise agreed by the parties, the
following quantities by weights of the articles specified in this section shall
constitute a standard BUSHEL:
wheat, 60 pounds; shelled corn, 56 pounds; corn on cob, 68 pounds;
buckwheat, 50 pounds; beans, 60 pounds; potatoes, 60 pounds; clover seed, 60
pounds; hemp seed, 44 pounds; blue grass seed, 14 pounds; dried apples, 25
pounds; dried peaches, 33 pounds; onions, 57 pounds; coarse salt, 50 pounds;
fine salt, 55 pounds; coal, mineral, 80 pounds; timothy seed, 45 pounds; rye,
56 pounds; barley, 48 pounds; corn meal, 50 pounds; oats, 32 pounds. ('68 Code, Title
570, § 2) (Ord. 300, passed Statutory
reference: Standards of weights and measures, see IC
24-6-1-1 § 120.02 STANDARDS OF
WEIGHTS AND MEASURES
ADOPTED. (A) In
all agreements hereafter made in the city for the purchase, sale, exchange, or
barter of merchandise by weight or measure, the following shall be the
standards of the weights and measures, unless in each particular case it is
otherwise agreed by the parties to the agreement. For determining the quantity of any
merchandise by weight, except in dispensing medicines and weighing gold and
silver, and other precious metals or precious stones, the pound avoirdupois as
used in 27 11/12 grains shall equal 1 dram. 16 drams shall equal 1 ounce. 16 ounces shall equal 1 pound. 25 pounds shall equal 1 quarter. 4 quarters shall equal 1 hundred weight. 20 hundred weight
shall equal 1 ton. (B) Where
the quantity of such merchandise is to be determined by lineal measure, the
unit of measure shall be the foot as now used in 45 46 be as follow: 12 inches shall equal 1 foot. 3 feet shall equal 1 yard. 5-1/2 yards or 16-1/2 feet shall equal
1 rod. (C) The
unit of measure for liquid shall be the gallon, containing 231 cubic
inches. In addition, the following shall
apply: 4 gills shall equal 1 pint. 2 pints shall equal 1 quart. 4 quarts shall equal 1 gallon. (D) The
unit of measure for quantity by capacity of merchandise not liquid, and not
determined by any one of the other measures before mentioned, shall be the
bushel, containing 2150.42 cubic inches, as follow: 2 pints shall equal 1 quart. 4 quarts shall equal 1 gallon. 2 gallons shall equal 1 peck. 4 pecks shall equal 1 bushel. ('68 Code, Title
570, § 1) (Ord. 300, passed § 120.03 UNLAWFUL TO
INTERFERE WITH INSPECTIONS
BY CITY. It shall be unlawful for any person or
company engaged in the business of buying, selling, exchanging, bartering,
peddling, or hawking in the city any goods or merchandise to refuse to exhibit
to the Inspector of Weights and Measures on demand by him, for the purpose of
inspection or test under the provisions of this chapter any weights, measures,
scales, beams, or other instruments or means for determining quantity used or
proposed to be used by him in the business. ('68 Code, Title
570, § 7)(Ord. 300, passed Statutory
reference: Authority of city to inspect, see IC
24-6-3-5 § 120.04 UNLAWFUL TO
USE EQUIPMENT THAT HAS NOT
BEEN INSPECTED. It shall be unlawful for any person or
company engaged in the business of buying, selling, exchanging, bartering,
peddling, or hawking in the city any goods or merchandise, to use in
determining by weight or measure the quantity of the goods or merchandise for
the purpose of sale, barter, or exchange, any weights, measures, scales, beams,
or other instruments or means used therefor, unless the same shall have been
inspected by the Inspector of Weights and Measures as provided in this chapter. ('68 Code, Title
570, § 8)(Ord. 300, passed Statutory reference: Offense to use false weight or
measure, see IC
35-43-5-3(a)(4); see also IC 24-6-3-11 § 120.05 CITY TO
INSPECT, APPROVE WAGON VENDORS. Dealers who sell articles by the
wagon, or cart-load, shall be deemed to be within the provisions of this
chapter, and shall cause their vehicles used therefor to be inspected, sealed,
and stamped by the Inspector of Weights and Measures, as herein provided for
the inspection, sealing, and stamping of other weights and measures. In addition, they shall be liable to the same
penalties for neglect to do so as other dealers. ('68 Code, Title
570, § 11)(Ord. 300, passed Statutory
reference: Authority of city to inspect, see IC
24-6-3-5 § 120.06 ARTICLES SOLD
BY WAGON OR VEHICLE
LOAD. (A) Any
person selling coal, wood, hay, vegetables, grain, coke, or any kind of
merchandise in the city shall send with each and every load showing separately
the weight of the cart or other vehicle and the weight of the coal, or other
material sold by weight, and in cases where materials are sold by measure, a
certificate showing the measure of the load, which certificate of weight or
measure shall be signed by the person selling the merchandise, and shall be
delivered with the load to the purchaser thereof. ('68 Code, Title 570 § 14) (B) Before
the unloading of any load of coal or other merchandise on or near the premises
of the proposed purchaser thereof, the purchaser may demand of the owner or his
agent, driver, or any other person in charge of the same, a certificate of
weight or measure as herein provided.
The owner, agent, driver, or other person shall surrender the
certificates to the purchaser, who may, if he doubts Weights and
Measures 47 the correctness of
the certificate, require the owner, the agent, driver, or other person to
re-weigh any such load of merchandise sold by weight, at any suitable scales in
the city. The purchaser shall pay the
keeper of the scales for weighing the same, and in case the articles are sold
by measure, the purchaser may require the owner, agent, driver, or other person
to re-measure any such load. The
purchaser shall pay to the person re-measuring the load the cost of such
re-measuring, where the weight or measurement is found to have been correct in
the first instance. (C) It
shall be unlawful for any person to sell or offer to sell any load, the
certificate of which is represented to be of greater weight or measure than it
in fact was. ('68 Code, Title 570,
§ 15) (D) Whenever
the Inspector of Weights and Measures deems it expedient to do so, he shall
have the power and authority to stop any vehicle loaded with hay, grain, wood,
coal, or any other article of merchandise to be sold by weight or measure, when
the load has been weighed or measured and is being delivered to the purchaser,
and compel the driver of the load to haul the load to a place convenient for
re-weighing or re-measuring, as designated by the Inspector. The Inspector may weigh or measure the load. Any person who shall refuse to permit the
Inspector of Weights and Measures to re-weigh or re-measure any such load shall
be subject to penalties as prescribed in § 120.99 ('68 Code, Title 570
§ 16) (Ord. 300,
passed § 120.07 SCALES TO BE
PROTECTED AGAINST THE
ELEMENTS. All scales used for weighing
merchandise and articles for the public in the city shall be covered with a
good, substantial cover or shelter, so as to prevent the elements from
interfering with the action of the scales. ('68 Code, Title
570, § 18)(Ord. 300, passed ADMINISTRATION
AND ENFORCEMENT § 120.15 INSPECTOR OF
WEIGHTS AND MEASURES; OFFICE
ESTABLISHED. The Board of Public Works and Safety
shall appoint an Inspector of Weights and Measures, subject to the approval of
the State Division of Weights and Measures (pursuant to IC 24-6-3-4, as
may be amended from time to time). The
Inspector of Weights and Measures shall, within five days after notice of his
appointment shall have been given to him, take and subscribe the oath
prescribed by law for other city officers, which oath shall be endorsed upon
his certificate of appointment, and filed herewith, in the office of the City
Clerk. He shall also execute and file with the Mayor a bond with good and
sufficient freehold surety, conditioned for the faithful discharge of his
duties, in the sum of $8,500. ('68 Code, Title
570, § 3)(Ord. 300, passed Statutory
reference: City inspectors of weights and
measures, see IC
24-6-3-4 through 24-6-3-9 § 120.16 INSPECTOR TO
KEEP STANDARD UNITS
OF MEASURE. (A) The
Board of Public Works and Safety at the expense of the city shall procure a
correct and accurate standard of the various units of weights and measures
hereinbefore prescribed, and of the necessary and convenient sub-divisions and
multiples thereof, together with the proper beams and scales for the purpose of
testing and proving the weights and measures to be used in the city. (B) It
shall be the duty of the Inspector of Weights and Measures to preserve and
safely keep the standards procured for his use as provided. ('68 Code, Title
570, § 4) (Ord. 300, passed § 120.17 INSPECTOR TO
KEEP DEVICE FOR MARKING
APPROVAL OF INSPECTED SCALES. The Inspector of Weights and Measures
shall procure, at the expense of the city, and keep for use as hereinafter
provided, suitable dies, stamps, brands, and other devices for permanently
affixing to weights and measures inspected by him and found correct, the 48 letters “M.S.” of such
convenient form and size as the Inspector may adopt, subject to the approval of
the Common Council. In addition thereto,
figures for denoting the proper fractional sub-division or multiple of the
standard unit of measure or weight shall be procured. ('68 Code, Title
570, § 5) (Ord. 300, passed § 120.18 DUTY OF
INSPECTOR TO INSPECT, APPROVE WEIGHING
AND MEASURING EQUIPMENT. (A) It
shall be the duty of the Inspector of Weights and Measures to inspect and
examine and test at least once each year, and as much more often as he may
think proper, all scales and beams, weights and measures used in the city, and
if he finds them correct, shall seal them by stamping, branding, or otherwise
affixing thereto, on some conspicuous part thereof, the letters “M.S” and the
proper figures denoting the denomination thereof. The letters shall be taken to mean “Mishawaka
Standard” and when affixed to any weight or measure by the Inspector shall have
the effect of a certificate by the Inspector, that the weight or measure has
been tested by the Inspector, under the provisions of this chapter, and that
the same is correct. ('68 Code, Title 570 § 6) (B) It
shall be unlawful for the Inspector of Weights and Measures to stamp or seal
any weight or measure under the provisions of this chapter, until he has
accurately tested it by the standards provided therefor, and found the same
thereby to be correct. (C) The
Inspector of Weights and Measures shall have his office in the City Hall, and
shall be there during business hours, except when necessarily engaged elsewhere
in the performance of his duties under this chapter. He shall at all times, except as aforesaid,
be prepared to, and shall promptly and without partiality, inspect and test,
and if found correct, seal all weights and measures there exhibited to him for
that purpose, upon the payment or tender to him of the fee provided therefor. ('68 Code, Title
570, § 9) (Ord. 300,
passed § 120.19
INSPECTOR TO KEEP PUBLIC REGISTER OF INSPECTIONS. The Inspector
of Weights and Measures shall keep in his office a substantially bound register
book, wherein he shall note at the time in alphabetical order the name of each
owner of the weight and measure inspected by him, the kind and denomination
thereof, the date of the examination, whether sealed or not. The register shall be deemed a public record,
and shall be transmitted by each Inspector to his successor in office. ('68 Code, Title 570, § 10)
(Ord. 300, passed § 120.20
CONFISCATION OF FALSE SCALES AND WEIGHTS. (A) The Inspector of Weights and Measures
shall seize and confiscate all false and fraudulent scales, weights, or
measures and shall file or cause to be filed a complaint against the marketer
using them. He shall seize and
confiscate any article sold, offered, or exposed for sale in the market by
liquid measure standard, when they should be sold by dry measure standard; he
shall seize and confiscate any articles sold, offered, or exposed for sale
“struck” or other short dry measure standard, when the same should be sold by
“heaped” dry measure standard. (B) All articles so seized and
confiscated shall be forfeited to the city and shall be sold at public outcry
to the highest bidder and the proceeds thereof paid into the City Treasury. ('68 Code, Title 570, § 12)
(Ord. 300, passed § 120.99
PENALTY. Whoever shall
violate any of the provisions of this chapter shall, on conviction thereof, be
fined in any sum not less than $50 nor exceeding
$2,500. Each and every use of any weight
or measure in violation of the provisions of this chapter shall be held a
separate offense. ('68 Code, Title 570,
§ 13) |