[HISTORY: Adopted by the Common Council of the City of Oswego 5-12-1980 as Ch. 121 of the 1980 Code. Amendments noted where applicable.]
Editor's Note: The County of Oswego is the current enforcement agency for the provisions of this chapter.
Every person, resident in the City of Oswego, selling meat or articles of provision by retail, whether by weight or measure, shall provide himself with scales, weights and measures sealed and marked with the appropriate devices by the Director of Weights and Measures, and use the same to ascertain the amount of such commodities so sold, but no spring balance, spring scale, spring steelyards or spring weighing machine shall be used for any such purpose, unless at least one (1) face or dial of any such spring balance, spring scale or spring steelyard or spring weighing machine shall at all times, when being used for weighing commodities for sale, be turned toward and exposed to the full view of the purchaser for whom said scales or any of them are being used. A violation of any of the provisions of this chapter is punishable by a fine of not less than two dollars ($2.) nor more than ten dollars ($10.).
Every person who sells, attempts to sell or expose for sale any article of provisions in any market or elsewhere within the city by light weight or short count or short measurement is subject to a fine of not less than ten dollars ($10.) nor more than fifty dollars ($50.).
Any person using weights, measures, scale beams or steelyards in weighing any article intended to be purchased or sold in the city, or in the weight or measurement of which other persons or the public are interested, shall cause such weights, measures, scale beams or steelyards to be sealed and marked by the Director of Weights and Measures, and any person who shall neglect or refuse to have the same so marked and sealed shall be subject to a fine of five dollars ($5.).
The Director of Weights and Measures shall have the care and custody of the city standards of weights and measures and all weights and measures adjusted by him shall be made conformable to the standards of the state. He shall at least twice in each year and oftener, if he deems it necessary, visit the markets, stores, shops and other places where weights, measures, scales, beams or other measuring apparatus are used and examine the same, and also measures marked on any counter, seat or fixture, and in case they be found not conforming to law, to report the same to the Common Council.
Editor's Note: For additional powers and duties, see Agriculture and Market Laws, Article 16.
The Director shall make a regular register of the weights, measures and beams inspected by him, in which he shall record the names of the persons owning the same and whether the same are conformable to the standards of the state. When any such beam, weight or measure is not conformable, if the Director shall require the same to be properly adjusted, and if the owner shall neglect or refuse so to do, such owner shall be subject to a fine of not less than five dollars ($5.) nor more than ten dollars ($10.) and to a like fine for every twenty-four (24) hours he shall continue such neglect and (or) refusal after the first conviction.
The Common Council shall designate annually as many scales as public scales for the weighing of coal, hay and other articles as the public good may require. The owner or owners, lessee or lessees of the scales so designated shall be the public weigher or weighers hereinafter referred to during the period for which said scales are so designated. Such public weigher or weighers shall be sworn to a faithful performance of his or their duties before entering upon the discharge of them.
Every such weigher or his representative shall be at or near the scales of which he has the charge at all reasonable times, ready to weigh all articles offered for that purpose. He shall deliver to the driver or owner or purchaser of every load weighed a certificate under his hand specifying the name of the driver or owner, his place of residence, the name of the article weighed, the weight thereof and the tare, the date and the fees charged. He shall keep a true account of all articles weighed by him and record the same in a book kept for that purpose, which shall at all times be open for public inspection, and when filled be delivered to the City Clerk. Said record shall contain the same particulars that are required to be stated in the certificate described in this chapter.
The City Clerk shall furnish to said weigher and each of them blank certificates having spaces indicated thereon for the name of the owner or driver of the load as required, his place of residence, the name of the article weighed, the weight thereof, the tare, the date and fees charged and the name of the weigher.
The City Clerk shall keep a record of the number of blank certificates furnished each weigher or weighers, and settlements shall be made quarterly from the first of January each year with the city for the city's portion of the fees received for weighing by such weigher or weighers, and such settlements shall be adjusted in accordance with the number of blank certificates returned by said weigher or weighers to the City Clerk on such quarterly settlements.
The fees for weighing to be received by the weighers, which they shall pay to the City Clerk quarterly, less the percentage hereinafter mentioned, shall be as follows,: one cent and a half ($0.015) for every hundred (100) pounds of coal, pig iron, ice or sand, and one cent ($0.01) for every hundred (100) pounds of an other article; provided, however, that the fees for weighing any article, other than hay and straw, shall never be less than ten cents ($0.10); and provided further that the fees for weighing stone shall be ten cents ($0.10) for a single load, and fifteen cents ($0.15) for a double load. The vehicle containing the same and other tare shall be weighed without charge, and no fees shall be taken for weighing done on account of the city.
Each weigher shall receive and may retain as full compensation for his services a sum equal to seventy-five percent (75%) of the fees received by him. He shall pay the remainder of such fees to the City Clerk, who shall immediately turn the same over to the City Chamberlain, who shall place the same to the credit of the contingent fund of the city.
It shall be the duty of the weighers to keep the scales under their care in good order and clear of snow and ice, so that they shall be in good condition for use at all times, and the Director of Weights and Measures shall have the general control and supervision of all such scales and shall test and certify the same once in every three (3) months in each year.
A weigher who shall falsely or fraudulently weigh or certify to the weight of any hay, coal or other articles or fail to furnish a statement, as required, of the actual tare thereof or willfully refuse to give the certificate provided for in the foregoing section upon due payment of the fees or fail to account to and pay over to the City Chamberlain the city's share of the fees received by him shall be guilty of a misdemeanor punishable by a fine of one thousand dollars ($1,000.) or imprisonment for one (1) year, or both.