[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Editor's Note: This ordinance repealed former Ch. 86,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.
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.
The Sealer of Weights and Measures is authorized to grant a
variance from these regulations if a practical hardship shall exist.
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.
