[Code 1943, § 1301.01]
There is hereby created and established a department to be known
as the department of weights and measures, which shall have jurisdiction
over the inspection and examination of all weights, measures, scale
beams, patent balances, steel yards and other instruments used for
weighing and measuring in the Village.
[Code 1943, § 1301.02]
There is hereby created the office of inspector of weights and
measures. He shall be the head of the department and shall have supervision
over it. He shall be appointed by the Village Manager.
[Code 1943, § 1301.04]
The inspector of weights and measures, at the expense of the
Village shall procure correct and approved standards of weights and
measures of the standards adopted by the state, with their necessary
subdivisions, together with the proper beams and scales, for the purpose
of testing and proving the weights and measures of such standards
used in the Village.
[Code 1943, § 1301.05]
It shall be the duty of the inspector of weights and measures
to inspect and examine once in each year, all weights, measures, scale
beams, patent balances, steel yards and other instruments used for
the purpose of weighing and measuring in the Village, and to stamp
with a suitable seal all weights, measures, scales and weighing and
measuring devices so used which be may find accurate, and deliver
to the owner thereof certificates of their accuracy. He shall also
provide a table of tolerances and specifications in conformity with
those approved by the National Bureau of Standards.
[Code 1943, § 1301.07]
It shall be the duty of the inspector of weights and measures
to make a register of all the weights, measures, scale beams, patent
balances, steel yards and other instruments used for weighing, inspected
and sealed by him, in which he shall state the names of the owners
of the same and whether they are conformable to the standard of the
state.
[Code 1943, § 1301.08]
The inspector of weights and measures shall examine and inspect
and seal all weights, measures, scale beams, patent balances, steel
yards and other instruments used for weighing at the stores and places
where the same may be used; but in case they, or any of them, shall
not be conformable to the standard of this state, they shall be marked
"condemned," and the owner thereof shall within 10 days thereafter
have the same properly adjusted and sealed; and the inspector may,
at any time after the expiration of such 10 days, seize and destroy
any and all such condemned weights, measures, scale beams, patent
balances, steel yards and other instruments used for weighing found
in use.
[Code 1943, § 1301.06]
Any person who shall willfully remove, destroy or in any manner erase any stamp or seal of inspection from any scale, weight or measure shall be punished as provided in Section 13-3.
[Code 1943, § 1303.01]
Any person who shall practice deceit or fraud of any kind whatsoever, in the sale of any commodity or article of merchandise whatsoever, whether sold by dry measurement or liquid measurement, or linear measurement, or superficial measurement, or cubic measurement or by weight or in load lots by weight, or by any unit of enumeration used in determining or measuring quantity, by selling or offering for sale, any commodity or article of merchandise whatsoever, in quantities of less weight or measure or enumeration that the weight or measure or enumeration represented by the vendor or his agent or employee, upon such sale or offer of sale, or who shall sell or offer for sale any commodity in any receptacle or load containing a less quantity than is represented at the time of such offer or sale to contain, or who shall sell or offer for sale, any article of dry measurement in other than a legal dry measure, or any article of liquid measurement in any other than a legal liquid measure, or in any measure which has not been inspected and sealed by the inspector of weights and measures, or by the public weighmaster, in accordance with and pursuant to the provisions of this chapter, shall be punished as provided in Section 13-3.
The inspector of weights and measures shall receive and collect
fees for the use of the Village for service at the following rates,
which shall be due and payable at the time of such inspection:
|
Service
|
Fee
|
|---|---|
|
For testing scales of the capacity of 23,500 and upwards, except
hopper scales
|
$5
|
|
For testing scales of the capacity of 5,000 to 23,500 pounds,
except hopper scales
|
$2.50
|
|
For testing scales of the capacity of 5,000 to 23,500 pounds,
except hopper scales
|
$1
|
|
For testing scales of the capacity of 240 to 2,000 pounds, except
hopper scales
|
$0.50
|
|
For testing scales of less capacity than 240 pounds
|
$0.30
|
|
For testing every automatic weighing machine, on every instrument
or device of a capacity of less than three tons used for weighing
or measuring any person or animal, for hire or reward, each
|
$0.75
|
|
For testing liquid measures of the capacity of one gallon and
upwards, each
|
$0.15
|
|
For testing any other liquid measure not used for compounding
and manufacturing purposes, each
|
$0.10
|
|
For testing yard measures, each
|
$0.10
|
|
For testing any linear measure, for each three feet
|
$0.10
|
|
For testing any tape line exceeding 50 feet in length, each
|
$0.75
|
|
For testing any automatic machine used for lineal measuring,
each
|
$0.75
|
|
For testing any automatic device used for measuring or dispensing
liquids at retail, except vehicle tanks
|
$1
|
|
For testing any automatic device used for measuring or dispensing
liquids on vehicle tanks or at bulk stations, size 1 1/4 inch
|
$2.50
|
|
For testing any automatic device used for measuring or dispensing
liquids on vehicle tanks or at bulk stations, size 1 1/2 and
2 inches
|
$3
|
|
For testing any automatic device used for measuring or dispensing
liquids on vehicle tanks or at bulk stations, size 2 1/2 and
3 inches
|
$15
|
|
For testing any automatic device used for measuring or dispensing
liquids on vehicle tanks or at bulk stations, size 4 inches
|
$25
|
|
For testing any automatic device used for measuring or dispensing
liquids on vehicle tanks or at bulk stations, size 6 inches
|
$25
|
|
For calibrating for capacity any vehicle tank, each $2.50 for
each 1,000 gallons or fraction thereof.
|
The inspector of weights and measures shall also receive, for
the use of the Village, a reasonable compensation for making such
weights and measures conform to the standards established by Illinois
Revised Statutes 1959, Chapter 147, Paragraph 1 et seq.
[Code 1943, § 1302.01]
The word "commodity" as used in this article shall be taken
to include any commodity, produce or article of merchandise which
may be weighed by a public weighmaster or a deputy public weighmaster,
hereunder.
[Code 1943, § 1302.02]
Any person owning a scale suitable for weighing any commodity
in load lots when contained in any wagon, truck or other vehicle,
or any quantity less than load lots where not contained in such truck,
wagon or other vehicle, shall be eligible for appointment by the Village
Manager as a public weighmaster in the Village, upon complying with
the provisions of this article.
[Code 1943, § 1302.03]
Any person owning a scale suitable for weighing as provided in the preceding section, desiring to be licensed as a public weighmaster, shall file an application in writing therefor, setting forth the location or place of business for which such license is requested and the general description of the facilities for weighing at such place of business. Such applicant shall also execute and present with his application a bond in favor of the Village in the sum of $1,000 with such sureties as may be approved by the President, conditioned for the faithful performance by such applicant and every deputy appointed by him, of the duties of such applicant or deputy as public weighmaster, and for the payment of any fine which may be imposed upon him, or any such deputy, for violation of the duties of any such public weighmaster or deputy public weighmaster. Upon compliance with the conditions above stated, and upon payment to the Village Collector an annual license fee as provided in Section 29-11, authorizing such applicant to act as public weighmaster.
[Code 1943, § 1302.04]
Every public weighmaster shall have the power to appoint one
or more deputy weighmasters to attend to such scales and shall be
answerable for any and all acts of such deputy weighmaster in connection
with the weighing of any commodity on the scales of such weighmaster.
Such public weighmaster shall register with the inspector of
weights and measures, the name of each deputy weighmaster appointed
by him and shall pay upon such registration for each such deputy a
license fee equal to one-half of that required for a public weighmaster.
No deputy weighmaster so appointed shall serve as deputy weighmaster
or attend to such scales unless and until he has been so registered
and the required fee paid, and all appointments of deputy public weighmasters
shall expire on April 13th next following their appointment.
[Code 1943, § 1302.05]
Each public weighmaster licensed under the provisions of this
article shall provide his own scale, which shall be of a kind and
pattern approved by the inspector of weights and measures, and each
such public weighmaster shall keep his scales properly inspected and
repaired at his own expense. It shall be the duty of such public weighmaster
to have such scales inspected by the inspector of weights and measures,
and it shall be the duty of such inspector to inspect such scales
at least once in every six months, and oftener if required to insure
the accuracy of such scales. No such scales shall be used for weighing
any commodity unless they are accurate and conform to the standards
of this state.
[Code 1943, § 1302.07]
Each public weighmaster shall be present at his scale, either
in person or by deputy, at all reasonable times during business hours
in each day except Sundays and public holidays.
[Code 1943, § 1302.06]
Public weighmasters owning scales suitable for weighing commodities
loaded on wagons, trucks or other vehicles, shall weigh any commodity
loaded on any wagon, truck or vehicle when requested so to do by the
person bringing the same to the scale of such weighmaster. Public
weighmasters owning scales suitable to weigh commodities in amounts
or quantities less than load lots when not contained in any wagon,
truck or other vehicle, shall weigh any such commodity when requested
so to do by any person bringing the same to the scale of such weighmaster.
[Code 1943, § 1302.08]
A public weighmaster or his deputy when not the owner of or
interested in the sale of any commodity weighed by either of them
shall be entitled to charge and receive a sum not in excess of $0.25
for each load or fraction thereof of any commodity weighed by him
or his deputy over the scales of such public weighmaster.
[Code 1943, § 1302.09]
Each public and deputy weighmaster shall procure a seal at his
own expense, round in form, not to exceed one and one-quarter inches
in diameter and of a type similar to a notary public seal. The seal
of a public weighmaster shall show his name around the upper half
of the die and his title and the words "Elmwood Park, Illinois" around
the lower haft thereof. The seal of the deputy weighmaster shall have
the name of the weighmaster appointing him on the upper half of the
die and his own name across the center of the die and his title around
the lower half of the die.
[Code 1943, § 1302.10]
Each public weighmaster, upon weighing any commodity shall issue
and deliver to the person for whom the weighing was done, a weight
certificate, signed by the public weighmaster or his deputy, under
his official seal, setting forth the name of the weighmaster or deputy,
the description of the commodity weighed, the name and address of
the person for whom the weighing was done, and the gross, tare and
net weight.
[Code 1943, § 1302.11]
Each public weighmaster shall preserve for at least two years
a carbon copy of each weight certificate issued by him or his deputy,
which weight certificate shall be open to the inspection of the inspector
of weights and measures.
[Code 1943, § 1302.12]
Every load of any commodity sold in load lots by weight, delivered
by wagon, truck or other vehicle, within the Village, shall be weighed
at the expense of the person delivering the same, by a public weighmaster,
or his deputy. A weight certificate for each such load show-ins gross,
tare and net weight, signed by such public weighmaster or deputy shall
be given to the purchaser or consignee or his agent, by the driver
or person in charge of the wagon, truck or other vehicle, at the time
of delivery and before any part of the load is removed from the vehicle
in which delivery is made, or such certificate shall be delivered
to the inspector of weights and measures, or any of his deputies on
demand. When delivery is made in case no person is present to receive
such commodity, and if the purchaser or consignee or his agent cannot
be located, then the memorandum or weight certificate hereinbefore
provided for, shall be posted conspicuously at the place of delivery
before any of the commodity is removed from the vehicle.
[Code 1943, § 1302.14]
No person shall alter any certificate of any public weighmaster
or his deputy, or use or attempt to use, the same for any other lot
or parcel than the one for which the same was given, nor after the
weighing and before the delivery of any load or parcel, shall diminish
the quantity thereof.
[Code 1943, § 1302.15]
Any public weighmaster or deputy public weighmaster who shall issue a weight certificate stating falsely the weight of any commodity weighed by him, shall be punished as provided in Section 13-3. Upon the conviction thereof the President and Board of Trustees at its discretion may revoke the license of such public weighmaster or deputy weighmaster.
[Code 1943, § 1302.13]
A public weighmaster or his deputy may weigh and issue certificates
for commodities belonging to either of them or in the sale of which
either is interested. Any weight certificate issued by such public
weighmaster or his deputy, covering such commodities shall have the
same effect as a weight certificate covering any commodity belonging
to either of them or in the sale of which either is interested, the
purchaser or consignee thereof, or the inspector of weights and measures
may require reweighing of such commodity at the expense of the person
delivering it on the nearest available scales operated by a public
weighmaster. In the event of such reweighing, the delivery vehicle
shall be weighed first before unloading and then after unloading so
that the gross, tare and net weights can be ascertained.
[Code 1943, § 1302.16]
The provisions of this article shall not apply to the sale of
ice.
