City of North Tonawanda, NY
Niagara County
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Table of Contents
Table of Contents
[HISTORY: Adopted by Common Council of City of North Tonawanda 6-17-1975.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance repealed former Ch. 86, Petroleum Products; Posting Prices, adopted 8-4-1958.

§ 66-1 Placards to be posted.

A. 
It shall be unlawful for any person, firm or corporation to sell or offer for sale at retail for use in internal combustion engines in motor vehicles or motorboats any gasoline or diesel motor fuel unless such seller shall, within 60 days from the effective date of this ordinance, post and keep continuously posted, on the individual pump or other dispensing device from which such gasoline or diesel motor fuel is sold or offered for sale, a sign or placard 12 inches in height and 12 inches in width, stating clearly and legibly the selling price per gallon of such gasoline, the federal, state and local sales tax and the total selling price per gallon of such gasoline or diesel motor fuel so sold or offered for sale from such pump or other dispensing device. The name, trade name, brand, mark or symbol and grade of quality classification, if any, of such gasoline or diesel motor fuel shall be permanently imprinted on said gasoline or diesel motor fuel dispensing unit.
B. 
Each pump which dispenses gasoline or diesel fuel for sale at retail shall display a sign in compliance with the requirements of Subsection A above (hereinafter referred to as the "sign"). The sign shall be composed of two units; one shall contain the total selling price and the other shall contain the price breakdown box.
C. 
The unit of the sign setting forth the total selling price shall display the selling price per gallon, including all applicable taxes, and shall be accompanied by the statement "includes all taxes." All numbers used to display the total selling price shall be of uniform size and shall be at least nine inches in height, at least 3 1/4 inches in width and have a stroke width of at least one inch. The statement "includes all taxes" shall be in letters of uniform size at least 1/2 inch in height and extending at least 5 1/2 inches.
D. 
The unit of the sign setting forth the price breakdown box shall be located in the lower right-hand corner of the sign and shall be no less than six inches in height and four inches in width. The price breakdown box shall include the basic price per gallon, the federal and state taxes per gallon and the total selling price per gallon. All numbers used in the price breakdown box shall be of uniform size and shall be at least one inch in height with a stroke width of at least 3/16 of an inch.
E. 
Where a tenth of a cent number is used on the sign, that number must be at least 1/2 the size of the number to which it relates.
F. 
All letters used to explain the information in the price breakdown box of the sign shall be at least 1/4 inch in height and 1/8 of an inch in width.
G. 
The sign shall be permanently fixed to the pump so that the information may be easily read from the dispensing side of the pump.
H. 
If service of gasoline or diesel fuel may be made from more than one side of a pump or dispensing device, the sign shall be so constructed as to be visible from each side from which dispensing takes place, or a sign shall be posted on each side from which dispensing takes place.
I. 
The sign shall be completely covered when a particular grade of gasoline or diesel fuel is not available for sale.
J. 
It shall be unlawful for any person, firm or corporation to sell or offer for sale gasoline or other petroleum products for use in motor vehicles or motorboats in any manner so as to deceive or tend to deceive the purchaser as to the price, nature, quality or identity thereof, or to sell or offer for sale from any pump, dispensing device or container any gasoline or other petroleum products other than that manufactured or distributed by the manufacturer or distributor marketing such gasoline or other petroleum products under the name, trade name, brand, symbol or mark affixed to or contained on such pump, dispensing device or container, or to substitute, mix or adulterate gasoline or other petroelum products sold or offered for sale under a name, trade name, brand, symbol or mark.

§ 66-2 Variances.

The Sealer of Weights and Measures is authorized to grant a variance from these regulations if a practical hardship shall exist.

§ 66-3 Enforcement; violations and penalties.

A. 
The Sealer of Weights and Measures shall be charged with the duties of enforcing the provisions of this ordinance.
B. 
Any person who shall violate any of the provisions of this ordinance shall be guilty of an offense and, upon conviction thereof, shall be punished by a fine of not more than $50 or by imprisonment for not more than 10 days, or by both such fine and imprisonment.