[HISTORY: Adopted Rochester City Council 11-25-1941. Amendments noted
where applicable.]
No person, firm, partnership, corporation or association engaged in
or connected with the sale of eyeglasses, lenses or eyeglass frames shall
include in any newspaper, radio, display sign or other advertisement any statement
of a deceptive or misleading character, or any statement which in any way
misrepresents any material or frames or mounting at a fixed price or services
or credit terms, or any statement advertising any material used for ophthalmic
purposes unless it is described truthfully in all its component parts, or
any statement advertising the price or prices of lenses or of complete eyeglasses,
including the lenses, either alone or in conjunction with professional services,
or of any frame unless the price of said frame is advertised with the words,
"Without lenses."
It shall be unlawful for any person, firm or corporation, in any newspaper,
magazine, circular, form letter or any publication published, distributed
or circulated in the City of Rochester or on any billboard, card, label or
other advertising medium or by means of any other method of advertising, to
advertise, to call attention to or to give publicity to the sale of any merchandise,
which merchandise is secondhand, used or rebuilt or which merchandise is defective
in any manner or which merchandise consists of articles or units known as
"seconds" or blemished merchandise or which merchandise has been rejected
by the manufacturer thereof as not first-class, unless there is conspicuously
displayed directly in connection with the name and description of such merchandise
a direct and unequivocal statement, phrase or word which will clearly indicate
that such merchandise is secondhand, used, rebuilt, defective or consists
of "seconds" or is blemished merchandise or has been rejected by the manufacturer
thereof, as the fact shall be.
No manufacturer, firm, association, corporation or person shall sell,
offer or expose for sale in the City of Rochester any goods, wares, merchandise,
farm or garden product, fruit or food, which is labeled or branded "Monroe
County, N.Y., Product" or from a container which is labeled or branded "Monroe
County, N.Y., Product," unless such goods, wares, merchandise, farm or garden
product, fruit or food is manufactured, grown or produced in Monroe County,
New York.
[Added 1-12-1943]
No person, firm, partnership, corporation or association shall sell,
offer or expose for sale in the City of Rochester any antifreeze solution
the chief component of which is a brine solution of sodium, calcium or magnesium
or petroleum oils, such as kerosene or light fuel oils or similar oil fractions
or derivatives.
[Added 2-13-1946; amended 4-12-1960]
A.
No person, firm, partnership, corporation or association
shall sell, offer or expose for sale in the City of Rochester any liquid,
solid, semisolid or solution containing wood alcohol unless:
(1)
The container bears the name and address of the retailer
selling said liquid, solid, semisolid or solution containing wood alcohol.
(2)
The container bears a label with the word "poison" in
prominent letters thereon and a statement showing that the said liquid, solid,
semisolid or solution contains wood alcohol.
(3)
The seller informs the purchaser of the poisonous character
of such liquid, solid, semisolid or solution and that such substance is to
be used solely for a legitimate purpose and not for human consumption for
beverage purposes.
[Added 12-9-1947; amended 2-14-2006
by Ord. No. 2006-22]
Dealers in products, materials or merchandise, the sale of which is
regulated by ordinance, or their agents and all persons engaged in the transportation
or sale thereof, shall allow any duly authorized representative of the City
to freely and fully inspect the product, material or merchandise so regulated
and shall at all times, on demand, furnish to the said representative of the
City such samples as he or she may require and such samples shall be given
or permitted to be taken at such time and place as may be demanded by the
said representative.
[Added 12-14-1948]
A.
Prohibition. No person, firm or corporation shall sell,
give away or in any way furnish or supply to any person under the age of 18
years any book, magazine or other publication in which there is prominently
featured an account of crime or which depicts by the use of drawings or photographs,
accounts of an indecent, immoral, obscene, lewd or lascivious nature or the
commission or attempted commission of the crime of arson, assault, burglary,
kidnapping, mayhem, murder, rape, larceny, manslaughter, prostitution, crimes
against nature or extortion.
B.
Terms. For the purpose of this section the words "crime,"
"arson," "assault," "burglary," "kidnapping," "mayhem," "murder," "rape,"
"robbery," "manslaughter," "prostitution," "crimes against nature" and "extortion"
shall have the meanings set forth in the penal law of the State of New York.
C.
Exceptions. This section shall not apply to those accounts,
of crime which are part of the general dissemination of news, nor to such
drawings and photographs as may be used to illustrate such accounts, nor shall
it apply to any action either positively permitted or prohibited by constitutional
provision or by general law.
D.
Severability. The provisions of this section are severable
and if any of its words, phrases, clauses, terms or provisions or the application
thereof to any person or circumstance, is held unconstitutional or invalid,
such decision of the court shall not affect or impair any other remaining
words, phrases, clauses, terms or provisions. It is hereby declared to be
the intention of the Council that this section would have been adopted had
such unconstitutional or invalid provision not been included herein. If any
word, phrase, clause, term or provision of this section shall be declared
unconstitutional, invalid or ineffective in whole or in part, by a court of
competent jurisdiction, then to the extent that it is not unconstitutional,
invalid or ineffective, such word, phrase, clause, term or provision shall
be in force and effect, nor shall such determination be deemed to invalidate
the remaining words, phrases, clauses, terms or provisions thereof.
[Added 1-22-1952]
Persons engaged in the business of selling new or secondhand bicycles shall not release a bicycle to a resident of the City of Rochester until the purchaser thereof presents a registration card for such bicycle as prescribed by Chapter 34 of this Code.[1]
[1]
Editor's Note: Former § 71-9, Signs required at parking
stations, which immediately followed this section, as added 6-22-1954, was
repealed 6-27-1985 by Ord. No. 85-263.
