[Ord. 1-1949, 7/11/1949, § 1]
Includes a person licensed to weigh solid fuel by the Commonwealth
of Pennsylvania.
Shall be construed to include any individual, partnership,
unincorporated association, corporation, association, agent, firm,
representative, or employe thereof.
(a) The ultimate consumer to whom the solid fuel is delivered
for the purpose of consumption; (b) coal yard or dealer to whom solid
fuel is delivered for the purpose of unloading for storage or resale
where coal or other solid fuel must be weighed before resale.
Any person selling, attempting to sell, or transporting over
the streets of the Borough for purposes of selling, solid fuel.
In this Part 1, shall mean anthracite, semi-anthracite, bituminous,
semi-bituminous, or lignite coal, briquettes, boulets, coke, gas-house
coke, petroleum coke, carbon, charcoal, or any other natural, manufactured,
or patented fuel not sold by liquid or metered measure.
Any truck, trailer or other conveyance used to transport
solid fuel.
[Ord. 1-1949, 7/11/1949, § 2]
It shall be unlawful for any person to sell, transport over
the streets of the Borough of Hughesville for purposes of delivery
in said Borough, or start out to deliver in said Borough any solid
fuel, unless such person shall have applied for and received a license
permitting him to sell, transport and deliver solid fuel in the Borough.
[Ord. 1-1949, 7/11/1949, § 3; as amended by Ord.
8-1962, 11/5/1962, § 1]
The Mayor of the Borough of Hughesville is hereby empowered
and directed to issue such licenses as are required by this Part 1[1] upon completion by any applicant of application forms
to be prescribed by the Mayor. For such license each applicant or
licensee shall pay to the Borough an annual license fee of $2.
[Ord. 1-1949, 7/11/1949, § 4]
It shall be unlawful for any person to sell, transport over
the streets of the Borough of Hughesville for purposes of delivery
in said Borough, or start out to deliver in said Borough any solid
fuel, unless the vehicle transporting said solid fuel shall have been
weighed for tare and gross weight by a licensed weigh-master situated
in the Borough of Hughesville.
[Ord. 1-1949, 7/11/1949, § 5]
1.
Where any seller or dealer delivers or intends to deliver solid fuel
to more than one purchaser from a single load of solid fuel, said
person shall disclose this fact to the weigh-master for purposes of
reweighing. In such cases, the weigh-master shall not surrender the
weight certificate to the person weighing such load until the first
portion of the load has been delivered to the purchaser and the vehicle
has been returned to the scales for reweighing to determine the net
weight delivered; and this procedure shall be followed by the weighmaster
successively for each purchaser's portion of the load to be delivered,
with separate weight certificate furnished with each reweighing. Also,
in such cases, the weight certificate shall be delivered to the purchaser
by the seller immediately following the reweighing.
2.
In all cases where the dealer or seller has loaded his vehicle without having the same first weighed within the Borough to determine the tare, the vehicle shall be returned to the scales for reweighing following delivery of the load to the purchaser, and the weighmaster shall hold the weight certificate until such reweighing has taken place, and the seller shall deliver said weight certificate to the purchaser following such reweighing, as in Subsection 1 of this section.
[Ord. 1-1949, 7/11/1949, § 6]
The provisions for weighing and reweighing required by this
Part[1] shall be complied with by sellers and dealers of solid
fuel notwithstanding the fact that said dealers or sellers may have
previously weighed such solid fuel at the scales of a licensed weighmaster
outside the Borough of Hughesville.
[1]
Editor's Note: See, especially, § 5 of this chapter.
[Ord. 1-1949, 7/11/1949, § 7]
It shall be unlawful for any purchaser in the Borough of Hughesville to accept for delivery or to pay for any load or portion of a load of solid fuel from any person selling or transporting such fuel unless the weighmaster's certificate from scales located in the Borough of Hughesville has been delivered to said purchaser showing thereon both the gross weight and the tare as determined by such weighing within the Borough. The purchaser of any solid fuel shall, upon request of any police officer, produce said weighmaster's certificate for inspection by the police officer to determine compliance with this Part 1. Failure to produce said weighmaster's certificate shall be prima facie evidence of a violation of this Part.
[Ord. 1-1949, 7/11/1949, § 8]
The Mayor of the Borough of Hughesville is hereby empowered
to establish a uniform schedule of fees to be charged by weighmasters
in the Borough for the various services required to be performed by
this Part 1. A copy of such schedule, signed by the Mayor or Borough
Secretary shall be conspicuously posted in the immediate vicinity
of the scales of each such licensed weighmaster. Upon the posting
of such approved schedule, the licensed weighmasters shall be entitled
to collect from persons using the scales such approved fees.
[Ord. 1-1949, 7/11/1949, § 9]
Any person violating any of the provisions of this Part 1 shall,
upon summary conviction before any Justice of the Peace, be sentenced
to pay a fine of $25 and costs of prosecution, and, in default of
payment thereof shall undergo imprisonment in the Lycoming County
Jail for a period of 10 days.
[Ord. 1-1949, 7/11/1949, § 11, as added by Ord.
6-1962, 9/10/1962, § 1]
1.
The term "liquid fuel," when used in this Part 1, shall mean combustible
oil, gasoline, kerosene and other crude oil products. The term "bottled
gas" shall include any combustible gas sold for commercial or private
consumption as fuel.
2.
It shall be unlawful for any person to sell, transport over the streets
of the Borough of Hughesville for purposes of delivery in said Borough
or start out to deliver in said Borough, any liquid fuel or bottled
gas, unless such person shall first have applied for and received
a license permitting him to sell, transport and deliver liquid fuel
or bottled gas in the Borough. Such license shall be obtained annually
from the Mayor.
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All other parts of this Part 1, where applicable, shall apply
to the sale and delivery of liquid fuel and bottled gas within said
Borough.
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