Chapter 120: WEIGHTS AND MEASURES


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CHAPTER 120: WEIGHTS AND MEASURES

Section
 
          General Provisions
 
          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
 
 
          GENERAL PROVISIONS
 
 
§ 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 8-6-06; Am. Ord. 375, passed 6-3-12)
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 England shall be the unit weight. As such, the following weights shall apply:
 
          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 England and generally throughout the United States, and shall 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 8-6-06; Am. Ord. 375, passed 6-3-12)
 
 
§ 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 8-6-06; Am. Ord. 375, passed 6-3-12) Penalty, see § 120.99
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 8-6-06; Am. Ord. 375, passed 6-3-12) Penalty, see § 120.99
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 8-6-06; Am. Ord. 375, passed 6-3-12)   Penalty, see § 120.99
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 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 8-6-06; Am. Ord. 375, passed
6-3-12) Penalty, see § 120.99
 
 
§ 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 8-6-06; Am. Ord. 375, passed 6-3-12) Penalty, see § 120.99
 



                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 8-6-06; Am. Ord. 375, passed 6-3-12)
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 8-6-06; Am. Ord. 375, passed 6-3-12)
 
 
§ 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 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 8-6-06; Am. Ord. 375, passed 6-3-12)
 
 
§ 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 8-6-06; Am. Ord. 375, passed
6-3-12) Penalty, see § 120.99
 
 



§ 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 8-6-06; Am. Ord. 375, passed 6-3-12)
 
 
§ 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 8-6-06; Am. Ord. 375, passed 6-3-12)
 
 
 
§ 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)

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Code Enforcement

600 East Third Street

Mishawaka, IN  46544

Phone (574) 258-1612

Fax (574) 258-1713

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Director

Joe VanNevel

 

Weights & Measures
 Inspector

Roger Shields

Phone: 574-258-1668