[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.
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]
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:
The container bears the name and address of the retailer selling said liquid, solid, semisolid or solution containing wood alcohol.
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.
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.
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.
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.
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.
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.
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.
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.