The purpose and intent of this chapter is to
prohibit certain fraudulent practices with respect to selling or offering
for sale gasoline, kerosene or diesel fuel at retail and to prevent
and deter any practice which would deceive or tend to deceive the
purchaser of such products as to the price, nature, quality, quantity
or identity thereof. This chapter also regulates the size, shape,
color, content and placement of signs advertising the price of such
products at retail.
It shall be unlawful for any person, firm or
corporation to sell or offer for sale gasoline, kerosene or diesel
fuel at retail in any manner to deceive or tend to deceive the purchaser
as to the price, nature, quality, quantity or identity thereof or
to sell or offer for sale from any pumps or other dispensing device
any gasoline, kerosene or diesel fuel other than what is manufactured
or distributed by the manufacturer or distributor under the name,
trade name, brand, mark or symbol affixed to or indicated on such
pump or other dispensing device.
When a particular grade of product as regulated
herein is not available, the price sign or, in the case of a blend
pump, the section of the sign relating to the nonavailable blends
shall be covered until the product again becomes available.
When posted prices regulated by this chapter
are displayed on self-service pumps and are lower than prices charged
at pumps serviced by an attendant, a clear and conspicuous statement
to the effect that such pumps are for self-service shall be attached
and kept attached to each pump or other dispensing device at which
self-service prices prevail.
When products that are regulated by this chapter
are not identified by a trade name or brand name at the time of retail
sale, a sign bearing the words NO BRAND shall be continuously and
conspicuously posted on the pump or other dispensing device from which
such product is dispensed. All letters of the NO BRAND designation
shall be at least two inches in height with a stroke width of at least
1/4 inch and shall be of a color contrasting with the background.
[Amended 9-25-1979 by L.L. No. 6-1979]
This chapter shall be enforced by the Monroe County Department of Weights and Measures. Upon finding a violation of the provisions of this chapter, the Director of the Department of Weights and Measures shall expeditiously cause the same to be corrected or, where there is evidence of intent to defraud, refer evidence of such violation to the Monroe County District Attorney for prosecution or, in the absence of intent to defraud the name of Monroe County, to recover a civil penalty in the amount prescribed in §
251-8 of this chapter. A cause of action for recovery of such penalty may be released, compromised or settled by the Director of the Monroe County Department of Weights and Measures before the matter is referred to the Monroe County Attorney or thereafter by the Monroe County Attorney. All moneys collected hereunder shall be retained by Monroe County.
Any person, firm or corporation or agent or
employee thereof found guilty of violating this chapter shall be subject
to a fine of $25 for the first offense and $100 per violation per
day for the second and any subsequent offenses.