§ 113.17. Prohibited acts.

No person, either by himself or by his servant, or as the servant or agent of another person, shall:

A.

Use of incorrect weight or measure. Use, sell, offer, or expose for sale or hire or have in possession for the purpose of using, selling, or hiring an incorrect weight or measure or any device or instrument used or calculated to falsify any weight or measure;

B.

Use of unsealed weights or measures. Use or have in possession for current use, in the buying or selling of any commodity or thing, or for hire or award, or in the computation of any charge or payment for services rendered on the basis of weight or measurement, or in the determination of weight or measurement when a charge is made for such determination, any weight or measure which has not been sealed by the Weights and Measures Superintendent, his Assistant, or one of his inspectors, within one year, unless written notice has been given to the Superintendent, to the effect that such weight or measure is available for examination or is due for re-examination, as the case may be, or unless specific written permission to use such weight or measure has been received from the office of the Superintendent;

C.

Disposition of rejected or condemned weights. Dispose of any rejected or condemned weight or measure in a manner contrary to law;

D.

Removal of tags, marks. Remove from any weight or measure, contrary to law, any tag or mark placed thereon the Superintendent, his Deputy, or one of his inspectors;

E.

Sale of less than quantity represented. Sell, offer, or expose for sale, less than the quantity he represents of any commodity, thing, or service;

F.

Taking more than quantity represented. Take more than the quantity he represents of any commodity, thing, or service when as buyer, he furnishes the weights or measure by means of which the amount of the commodity, thing, or service is determined;

G.

Keeping for sale commodities contrary to law. Keep for the purpose of sale, advertise, offer, or expose for sale, or sell, any commodity, thing, or service in a condition or manner contrary to law; or

H.

Use of weights and measures not in view of customer. Use in retail trade, except for exclusive use in the preparation of packages put up in advance of sale and of medical prescriptions, a weight or measure which is not so positioned that its indications may be accurately read and the weighing or measuring operation observed from some position which may reasonably be assumed by a customer. Penalty, see § 113.99.

(Ord. 514-1982; Ord. 1476-1964)