[HISTORY: Adopted by the Village Board of the Village of
Fox Crossing 7-13-2020 by Ord.
No. 200713-1.[1] Amendments noted where applicable.]
[1]
Editor's Note: This chapter derives from Ch. 27 of the former
Municipal Code, adopted 7-9-2018 by Ord. No. 180625-1.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning.
The East Central Weights and Measures Consortium administered
by the City of Appleton Health Department.
As applied to weights and measures and commodities, includes
any failure to comply with the requirements of this article.
Any commodity put up or packaged in any manner in advance
of sale in units suitable for either wholesale or retail sale.
A Sealer of Weights and Measures and Deputy Sealer of Weights
and Measures of the Village who shall at all times be the same Sealer
and Deputy Sealer of the Department.
Includes barter or exchange, and any offering or exposing
for sale or possession with the intent to sell.
Net weight when used in reference to a commodity.
Weights and measures of every kind, instruments and devices
for weighing and measuring, and any appliances and accessories used
with any or all such instruments and devices, except meters for the
measurement of electricity, gas (natural and manufactured) or water
when the meters are operated in a public utility system, and scales
under the control of the Department of Agriculture, Trade and Consumer
Protection.
A.
Police power is hereby conferred upon the Sealer and Deputy Sealers
of Weights and Measures. The Sealer and Deputy Sealers shall be provided
with suitable badges or insignia of authority and in the exercise
of their functions shall exhibit the same upon demand to any person
questioning their powers. They are empowered to make arrests, with
or without formal warrant, of any persons violating any statute or
ordinance relating to weights and measures.
B.
The Sealer and Deputy Sealers may enter and go into or upon any structure
or premises and may stop any person or vehicle for the purpose of
enforcing this chapter. They shall inspect and test any weights and
measures or commodities which are sold or used commercially as often
as necessary to secure compliance with this chapter, and shall approve
for use and seal or mark with appropriate devices such weights and
measures as found upon inspection and test to be correct, and may
seize as evidence or reject and mark or tag as "rejected" those which
are incorrect but which in their best judgment are susceptible of
satisfactory repair. Weights and measures that have been rejected
or condemned may be confiscated and may be destroyed by the Sealer
if not corrected as required by the Sealer, or if used or disposed
of contrary to this chapter.
C.
The Sealer or Deputy Sealer shall have the power to issue stop orders,
stop-sale orders and disposal orders with respect to weights and measures
being, or susceptible of being, commercially used and to issue stop-sale
orders and disposal orders with respect to packages or amounts of
commodities kept, offered or exposed for sale, sold, or in process
of delivery whenever in the course of their enforcement of the provisions
of this article they deem it necessary or expedient to issue such
orders. No person shall use, remove from the premises specified, or
fail to remove from the premises specified any weight, measure or
package or amount of commodity contrary to the terms of a stop-use
order, stop-sale order or disposal order issued under the authority
of this article.
D.
The Sealer shall investigate complaints made to him/her concerning
violations of the provisions of this article and shall, upon his/her
own initiative, conduct such investigations as he/she deems appropriate
and advisable to develop information on prevailing procedures in commercial
quantity determination and on possible violations of the provisions
of this article and to promote the general objective of accuracy in
the determination and representation of quantity in commercial transactions.
E.
The Sealer shall inspect and regulate closing-out sales and other
terminations of business. Upon completion of such inspection, the
Sealer shall submit a written report of his/her findings to the Village
Clerk.
For the purpose of this chapter, proof of the existence of a
weight or measure or a weighting or measuring device in or about any
building, enclosure, stand or vehicle in which or from which it is
shown that buying or selling is commonly carried on shall, in the
absence of conclusive evidence to the contrary, be presumptive proof
of the regular use of such weight or measure or weighing or measuring
device for commercial purposes and of such use by the person in charge
of such building, enclosure, stand or vehicle.
The Village Sealer and Deputy Sealers shall be appointed by
the Village Manager subject to confirmation by the Village Board but
shall at all times be the same Sealer and Deputy Sealer of the Department.
The Department shall keep a complete record of its work and annually
shall file a report thereof with the State Department of Agriculture,
Trade and Consumer Protection (ATCP) and the Village Board. The Department
shall also file such other reports as may be required.
The following federal standards, state statutes, and state rules are adopted by reference and shall be enforced under this article, with violations of such provisions subject to the penalties set forth in § 376-7.
B.
Chapter 98, Weights and Measures, Wisconsin Statutes.
C.
Sections of Chapter 100, Wisconsin Statutes, pertaining to advertising,
specifically including § 100.18, Fraudulent representations,
and § 100.183, Fraud, advertising foods.
D.
Wisconsin Administrative Code, Chapter ATCP 90, Fair Packaging and
Labeling.
E.
Wisconsin Administrative Code, Chapter ATCP 91, Selling Commodities
by Weight, Measure or Count.
F.
Wisconsin Administrative Code, Chapter ATCP 92, Weights and Measures.
G.
Wisconsin Administrative Code, Chapter ATCP 109, Freezer Meat and
Food Service Plans.
H.
Wisconsin Administrative Code Chapter ATCP 124, Price Comparison
Advertising.
I.
Wisconsin Administrative Code Chapter ATCP 127, Direct Marketing.
J.
National Institute of Standards Technology (NIST) Handbook 44, United
States Department of Commerce, Specifications, Tolerances and Other
Technical Requirements and Commercial Weighing and Measuring Devices.
A.
There shall be supplied by the Village such field standards and equipment
as may be found necessary to carry out the provisions of this chapter.
The field standards shall be verified by the State Department of Agriculture,
Trade, and Consumer Protection upon their initial receipt and at regular
intervals thereafter stipulated by the state.
B.
The specifications, tolerances and regulations for commercial weighing
and measuring devices issued by the National Institute of Standards
and Technology shall apply in the Village except as modified by rules
issued by the State Department of Agriculture, Trade and Consumer
Protection.
Whoever does any of the following acts shall be subject to the penalty provided in Chapter A450, Fines and Penalties:
A.
Hinders, obstructs, or impersonates a sealer or inspector.
B.
Uses or has in possession for use in buying or selling any commodity
or service, or sells, any incorrect weight or measure or causes a
weight or measure to be incorrect.
C.
Represents in any manner a false quantity or price in connection
with the purchase or sale, or any advertising thereof, of any commodity,
thing or service.
D.
Uses or disposes of any rejected weight or measure, or commodity,
or removes therefrom any official tag, seal, stamp, or mark, without
written authority from the Sealer or Inspector.
E.
Uses any weighing or measuring device in determining the quantity of any commodity or service to be sold or purchased without having the device approved and sealed by the Sealer and the proper certificate obtained in accordance with § 376-8.
F.
Violates any other provision of this chapter or any rules promulgated
under this chapter for which no specific penalty is prescribed.
The owner, operator, or user of any commercial weights and measures
equipment, devices, or associated equipment is responsible for the
accuracy and maintenance of the equipment.
A.
It shall be the duty of every owner, operator, or user to notify
the Sealer, in writing, of the acquisition of any device, whether
new, rebuilt, or used, or of the major repair, conversion, or calibration
of any device already in use. The notification shall be accomplished
within 72 hours of the introduction or reintroduction into use of
the device.
B.
Commercial weights and measures devices regulated by this chapter
shall bear security seals appropriately affixed to any adjustment
mechanisms designed to be sealed. The security seals shall bear the
mark or imprint of the Sealer or Deputy Sealer or other weights and
measures official, or service persons authorized by the Sealer. The
security seal may only be removed to facilitate repairs of devices.
The Sealer or Deputy Sealer shall be notified of the repairs and removal
of the seal within 72 hours of removal or of the introduction of a
new, rebuilt, or used device so that the devices may be sealed or
resealed.
C.
Transient merchants purchasing or selling commodities or services
by weight or measure either from bulk or in packaged form shall notify
the Village Clerk and receive the approval of the Sealer before purchasing
or selling activities may be commenced. Sellers of farm produce and
seafood vendors operating from other than a continuous, permanent
location shall also meet these requirements. Transients operating
as part of an authorized Village farm market are exempted from this
requirement.
A.
Commodities in liquid form shall be sold by liquid measure and commodities
not in liquid form shall be sold by weight, provided that liquid commodities
may be sold by weight and commodities not in liquid form may be sold
by count or measure if such methods are in general use and give accurate
information as to the quantity of commodity sold.
B.
Berries and small fruits may be sold by measure only if in containers
having capacities of one-half dry pint, one dry pint, or one dry quart.
C.
It shall be unlawful to advertise, offer for sale or sell within
the Village firewood, fireplace wood, slab wood or stovewood in any
other manner than by cord, fractions of a cord, volumetric measure
or by weight.
(1)
Mill ends, lumber scraps, and irregular pieces when sold for fuel
shall be sold by net weight.
(2)
The term "cord" is hereby defined for purposes of this section as
the amount of wood, or a combustible, fibrous growth, which is contained
in a space of 128 cubic feet when the wood is ranked and well-stowed.
(3)
A single log and packages of such individual logs containing less
than four cubic feet commonly referred to as "bundles" shall be sold
by net weight.
(4)
Per custom, "128 cubic feet" generally means a stack of wood four
feet by four feet by eight feet. "Ranked and well-stowed" shall be
construed to mean pieces of wood placed in a line or row with individual
pieces touching and parallel to each other and stacked in a compact
manner.
D.
This section shall not apply to commodities sold in compliance with
a state or federal law which prescribes another method of sale or
to commodities for immediate consumption on the premises where sold.
A.
No commodity which is marked, tagged, or labeled, or for which a
sign is displayed, with a selling price based upon a price per unit
of weight or measure, shall be sold unless the weight or measure of
the commodity is conspicuously declared on the commodity or its tag,
label, or sign. If a commodity is wrapped or labeled in advance of
sale with a price affixed to the commodity or wrapping, the quantity
that determines that price shall appear on the package with the price
even though the quantity may already appear on a counter card or sign.
B.
No commodity shall be wrapped or its container made, formed, or filled
so as to mislead the purchaser; nor shall the qualifying term "when
packaged," or the terms "jumbo" or "giant" or "full," or words of
similar import that tend to mislead the purchaser as to the amount
of the commodity, be used in connection with a declaration of quantity.
C.
In addition to the other declarations required by this section, any
commodity in package form, the package being one of a lot containing
random weights, measures or counts of the same commodity and bearing
the total selling price of the package, shall bear on the outside
of the package a plain and conspicuous declaration of the price per
single unit of weight, measure or count.
The magnitude of permitted variations from declared quantity
shall be determined as follows:
A.
The compliance of commodities sold, either in bulk or in prepackaged
form, shall be based upon the results of the application of inspection
procedures and tolerances as set forth by the State Department of
Agriculture, Trade, and Consumer Protection.
B.
Commodities, both in bulk or prepackaged form, found in violation
of this chapter after test and analysis of a random or statistical
sample shall be acted upon either individually or on a by-the-lot
basis.
Whenever a commodity in bulk or packaged form is advertised
in any manner and the price of the commodity is stated in the advertisement,
there shall be closely and conspicuously associated with such statement
of price a declaration of the quantity, of contents offered in the
case of packaged commodity, or of the price per unit and the unit
based upon in the case of a bulk commodity.
A.
When the commodity is in packaged form, the quantity, as it appears
on the package, shall likewise appear in the advertisement, provided
that where the law or regulation requires a dual declaration, only
that declaration setting forth the quantity in terms of the smaller
unit of weight or measure (the declaration that is required to appear
first on the package) need appear in the advertisement.
B.
Whenever any commodity is advertised as described the appropriate method of sale as set forth in § 376-9 and in State Statutes and rules adopted by reference shall also be applied in the advertisement.
C.
There shall not be included as part of the declaration required under
this section such qualifying terms as "when packaged," "minimum,"
"not less than," or any other terms of similar import, nor any term
qualifying a unit of weight, measure, or count, for example the terms
"jumbo," "giant," "full," and the like, that tends to exaggerate the
amount of commodity in the package.
A.
Generally. Whenever any commodity or service is sold or is offered,
exposed, or advertised for sale, by weight, measure or count, the
price shall not be misrepresented, nor shall the price be represented
in any manner calculated or tending to mislead or deceive an actual
or prospective purchaser. Whenever an advertised, posted or labeled
price per unit of weight, measure or count includes a fraction of
a cent, all elements of the fraction shall be prominently displayed,
and the numerals expressing the fraction shall be immediately adjacent
to, of the same general design and style as, and at least one-half
the height and width of the numerals representing the whole cents.
B.
Cash registers and similar devices. Prices generated by a device
such as a cash register or scanning system are also affected under
this section. The Sealer shall inspect and test such systems and monitor
pricing declarations made by a relative to them, such as pricing signs,
shelf tags or individually price-marked units, to ensure agreement
of all prices. Prices generated by these systems shall wholly agree
with posted or premarked prices for the item being sold.
(1)
Cash registers. Each cash register used in buying and selling transactions
shall be maintained in proper operating condition by its owner. All
components, attachments and functions of the register shall be operating
correctly as designed. All pricing representations shall be accurate.
(2)
UPC, scanning and point of sale systems. Pricing systems utilizing
a scanning device such as a handheld gun or wand, or counter-mounted
scanner units at retail checkouts which read universal product code
systems or other bar code labels and the like, shall be maintained
in proper operating conditions and be so calibrated to accurately
read the intended systems and then generate the proper description
and price for the given code.
C.
Price refunds; price information.
(1)
A person who uses an electronic scanner to record the price of a
commodity or thing at a price higher than the posted, tagged or advertised
price of that commodity or thing at least shall refund to a person
who purchases the commodity or thing the difference between the posted
or advertised price of the commodity or thing and the price charged
at the time of sale.
A.
All coal, coke, and charcoal shall be sold by weight. Unless the
fuel is delivered to the purchaser in package form, each delivery
of coal, coke, or charcoal to an individual purchaser shall be accompanied
by duplicate tickets on which, in ink or other indelible substance,
there is clearly stated:
B.
One of these tickets shall be retained by the vendor and the other
shall be delivered to the purchaser at the time of delivery of the
fuel, or shall be surrendered on demand to the Sealer or a Deputy
Sealer who, if he desires to retain it as evidence, shall issue a
weight slip in lieu thereof for delivery to the purchaser. If the
purchaser carries away his purchase, the vendor shall be required
only to give the purchaser at the time of sale a delivery ticket stating
the number of pounds of fuel delivered to him.
A.
As set forth in § 376-9C, firewood, fireplace wood, slab wood, or stovewood shall be sold only by units of a cord or fractions of a cord, by volumetric measure, or by weight. A delivery ticket or invoice shall be presented by the seller to the purchaser whenever any nonpackaged fireplace or stovewood is sold. The delivery ticket or sales invoice shall clearly and legibly state in ink or other indelible substance at least the following information:
(1)
Name and address of seller;
(2)
Name and address of purchaser;
(3)
Date of delivery;
(4)
Quantity delivered and the quantity upon which the price is based,
if this differed from the delivered quantity;
(5)
The price of the amount delivered; and
(6)
The identity of the wood in the most descriptive terms commercially
practicable, including any quality representation made in connection
with the sale.
B.
Units for firewood of less than four cubic feet, whether sold as
single logs or in packages consisting of two or more logs, commonly
referred to as "bundles," shall be sold by net weight. No delivery
ticket or invoice is required; however, each package of two or more
logs shall be clearly and legibly labeled, tagged, or marked with
the name, address, and zip code of the packager or distributor, the
net weight contained and the species of wood provided, for example,
"birch firewood" or "mixed hardwood."
C.
No person shall advertise to residents of the Village, nor sell and
deliver within the Village, any firewood, fireplace wood, slab wood
or stovewood without first having obtained an annual license as required
in this article. The license fee shall be as set forth in the Fees
Schedule on file. Firewood sellers shall ensure that their current
weights and measures license number is placed in any advertisements,
including those publications or broadcasts that originate outside
of the Village but that are directed all or in part to Village residents.
All heating oil and motor fuels shall be sold by liquid measure
or by net weight. In the case of each delivery of liquid fuel not
in package form and in an amount greater than 10 gallons in the case
of sale by liquid measure or 100 pounds in the case of sale by weight,
there shall be rendered to the purchaser, either at the time of delivery
or within a period mutually agreed upon, in writing or otherwise,
between the vendor and the purchaser, a delivery ticket or a written
statement on which, in ink or other indelible substance, there shall
be clearly and legibly stated:
A.
The name and address of the vendor;
B.
The name and address of the purchaser;
C.
The identity of the type of fuel comprising the delivery;
D.
The unit price, that is, the price per gallon or per pound, as the
case may be, of the fuel delivered;
E.
In the case of sale by liquid measure, the liquid volume of the delivery,
together with the print meter readings from which such liquid volume
has been computed, expressed in terms of the gallon and its binary
or decimal subdivisions; and
F.
In the case of sale by weight, the net weight of the delivery, together
with any weighing scale readings, from which such net weight has been
computed, expressed in terms of tons or pounds avoirdupois.
Every wholesaler, retailer, and every other person selling or
distributing motor fuel, heating oil, or solvents in the Village shall
keep posted in a conspicuous place, accessible to the public, at his
place of business and on every pump from which delivery is made directly
into the fuel tank attached to a motor vehicle or into any other vessel
brought into the same premises by the user a placard, sign, or the
like clearly stating the identity of each product dispensed, i.e.,
the grade, blend or mixture of the product, and the net selling price
per gallon, along with the amount of all taxes per gallon thereon,
except that no such placard shall be required on a computer pump whereupon
the information described is legibly shown on the face.
For purposes of this article, the term "commercial weighing
or measuring devices" means those devices used or employed in establishing
the size, quantity, extent, area or measurement of quantities, things,
produce or articles for sale, hire or award, or in computing any basic
charge or payment for services rendered on the basis of weight or
measure.
No person shall operate weights and measures, weighing, or measuring
devices and systems and accessories relating thereto, which are used
commercially within the Village in determining the weight, measure,
or count of commodities or things sold or purchased or offered or
exposed for sale on the basis of weight, measure, or count, unless
licensed pursuant to the provisions of this article. Transients operating
as a part of an authorized Village farm market are exempted from this
license. Those who may legally sell from bulk or who prepackage for
on-premises sale by weight or measure without weighing and measuring
devices shall also be licensed.
A.
Licenses shall be required under this article commencing January
1. All licenses shall expire or terminate on December 31 of each year.
No license fee shall be refunded if a license or permit is denied
or revoked for cause.
B.
An annual processing fee shall be paid in addition to any license
fee due. The amount of the annual processing fee shall be on file
in the Village Clerk's office.
The application for a weighing or measuring license shall be
made in writing on a form provided for such purpose by the Village
Sealer. Such application shall state the type and number of weighing
and measuring devices to be licensed, the business address where the
devices are located, the applicant's full name, signature, and
post office address, and whether such person is an individual, firm,
corporation, or partnership. The names and addresses of all officers
or partners shall be included.
The Village Sealer shall issue a license under this article
to the applicant based on the total number of weighing and measuring
devices operated by the applicant if the requirements of this chapter
have been complied with and upon payment to the Village of the applicable
fee. The fee for licensing of weighing and measuring devices shall
be on file with the Village Clerk.
Notwithstanding the provision for the requirement of an annual
license for weighing and measuring devices, whenever a special request
is made for consultation or the inspection or testing of a noncategorized
weighing or measuring device, the actual expenses may be charged to
the person or firm receiving the service. Such payment or charge shall
be based on the current hourly rate.
All persons licensed under the provisions of this article shall
immediately post their license upon some conspicuous part of the premises
on which the business is conducted and the license shall remain posted
for the period the license is in force.
No license issued under this article may be transferred unless
otherwise provided for by the ordinances of the Village. No license
shall be issued to or used by any person acting for or in the employ
of another.
Any person, firm or corporation who shall have in his or its
possession any weighing or measuring device previously sealed and
who shall move his or its place of business to a new location shall,
at least 48 hours before using the said weighing or measuring devices
at said new place of business, notify the sealer of weights and measures
of his or its new business location.
Notwithstanding any other provisions of this article, whenever
the Village Sealer finds that business on any premises licensed under
this article is conducted or managed in such a manner that there are
serious or repeated violations of this chapter or violation of any
ordinances or regulations of the Village, the laws of the state or
regulations of the National Institute of Standards and Technology
relating to weights and measures, he/she may, without warning, notice
or hearing, issue a written notice to the license holder, operator,
or employee in charge of the licensed premises, citing such condition
and specifying the corrective action to be taken. If deemed necessary,
such order shall state that the license is immediately suspended and
that all weighing and measuring operations are to be discontinued.
Any person to whom such an order is issued shall comply immediately
but, upon written petition to the Village Board, shall be afforded
a hearing before the Village Board within 20 business days of such
petition. Failure to allow an inspector immediate access to the premises
to determine whether such grounds exist shall be grounds for suspension.
For serious or repeated violations of any of the requirements
of this chapter or for interference with the Village Sealer in the
performance of his duties, the Village Sealer may permanently revoke
the license issued under this article. Prior to such action, the Village
Sealer shall notify the license holder, in writing, stating the reasons
for which the license is subject to revocation, and advising that
the license shall be permanently revoked at the end of five days following
service of such notice, unless a request for a hearing is filed with
the Village Board by the license holder within such five-day period.
The hearings provided for in this article shall be conducted
by the Board of Trustees at a time and place designated by the Village
President. Based upon the record of such hearing, the Village Sealer
shall be charged with enforcing the decisions of the Board. A written
report of a hearing decision shall be furnished to the license holder
by the Village Clerk.
An application for renewal shall be filed with the Village Clerk
on or before December 31 of each year, together with the payment of
the required permit fee. If the annual renewal fee is not paid prior
to December 31, an additional late payment fee on file per establishment
shall be required. Establishments operating on January 15 without
a proper license shall be ordered closed by the Village Sealer. Failure
to comply will result in the issuance of a uniform citation with current
bond as set forth in the Municipal Code. Each violation and each day
a violation continues or occurs shall constitute a separate offense.
Firewood dealers are exempted from this provision.
Upon failure to make notification to the Village Sealer within
72 hours of the addition or replacement of any new or used weights
and measures equipment, including any scale, pump, meter, etc., a
penalty of triple the device fee herein prescribed shall be assessed.
Payment of any fee mentioned in this section, however, shall in no
way relieve any person or firm of the penalties that may be imposed
for violation of this chapter.
