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HomeMy WebLinkAboutO-003484I 2z z • 4.•,..•• • ORDINANOB 11040 ,OikilANOt OnATINa THB OPP/OE OP SEA P,42IORTS,AND MEASURES, REVIATINO littraan Atm M2A8ATIVS TD Tilt CITY OP MIAMI, ADD RECIIMAT1170 TRE SALE OF CERTAIN 007t,'`,ODITIES. BE IT ORDAIEED BY THE CITY 00t11:CIL OF TflE CITY OP UTAMT, FLORIDA: Section l: From and after the poin into effect of this ordinance it shall be unlawful for any rersen, firm or corpbration to use any weir,ht or measure in the sale of any article or commodity, exeept such wei3hts and measures as are heri pro7idede Section 2: It shall be unlawful for any person to use any weights or measures yielding less weightder cubic those content than timm*fixed by bection 2372 of the Re7Ised General Statutes of the State of Floridt,,, b: bt.!,-Lutcz,th U. Section 3: From and after July 1st, 1921, it shall be unlawful for any person, firm or corporation to use any weight, measure or any mechanical device for the as ertainment of the weight or measure Ofa omnodity or i7oods unless such weight measure or mechanical device shall have firot been tested by tho *ealer of :/eights and :,:esures, and shall have thereon the Official City seal of weight measures certifying to the correctness of such weirl.ht measure or device. Section 4: The 0'!'fiC0C4 e sealer and aistant of wiAi3hts croat,ld. The sealer.und his aSsistants of weights and measures shall be appointed by tho Mayor and confirmed by the City Council, and. their searies shall be fixed by the City Colmcilo • • •1-AW QFFIggg: noi5INgAP 4 YPNQF, MIAMI. ••7 The, sealer of weights and moo sores an& hie a`a#siei ants shall bofore entering not the performanoo of their atuties take oath of offica° befoae the Manor that they will honestly and impartially perform the deities of their offi.v;o. Section 5: It shall be the Duty City Sealer of ; of ht s and Measures to 2:est alI ty , teas rest scales, beams, steelyisards an' othr. r machinery used for cei.yj.'inc; or Measuring within such City at last once in a very six months; an upon being notified in writing by any person that any weight, scale, boat, steelyard or other machinery for weighing or measuring any article intended to be purchased or sold or offered or exposed for sale in said City, as inaccurate or believe to be so, or not accord- ing to the Standard, be will at once make an'examination of the same, and after he shall hale found such weights and measures to be correct and according to the Standard pre- scribed by law, he shall Seal or mark the same with a stamp or by pasting a card thereon, as he may deem most proper, as supplied to him by the City of Miami. Section 6: The Sealer of "eights and Measures or his assistants shall upon presenting their badge or other Official evidence of authority have fall power and authority to enter any building or other places for the purpose of p 1"".io:'mi:le the duties of their Q...ic?. ThP oa; 1 er of 7eLL:irlr or 111.. shall in each instance, collect fro.:, the owner or agent of an inspeotod instrument ,TMhi.oh is used in the puz: ha f or sle of merchandise the following fees; 'or each instrument of weight, of caracity not e .. ceedtng twenty-five (2r1 pounds, ...........fifteen (l ) cents. 44W QFF4Qg a: RtQ{3#Ng*44 a YQNG€. MIAMI. FLA. • Of capacity over twentp.five (25) pOundS, and lege than one hundred (100) peAnd8, ....6twerity.ifiVe (25) cents, Of capacity over one hut(100) pounds and less tar sik hanated (oO) pounds, thitty-five (.55) contS. Of Capacity over Six hundred (600) pounds". fifty (50) cents. or etich itstrument of measurement as follows: - Pot any zmra stick five (5) dents. For any dry or liquid measure net 07er One (1) E;allon, five (5) cents, and capacity over one (1) ',on, ten (10) cents. For any Set/of measures, twenty-five (25) cents. For any gasoline fiIiing pump, with a capacity stroke of five (5) gallon or more, .....fifty (50) cents. Of a capacity less than five (5) gallon stroke, twenty-five (25) cents. If more than two inspections shall be made within six months, such aCitional inspections shall be node without charRe. 4;21 fees so col7ecte1 shall be pL..ia over by the Inspector to the City Clerk weekly. Section 7: If suoh calet shall find upon exami- nation of .any weirthts or ,t:.sures used by any 12ersoni firm or corporation withCity of tt the s,ame de not to t!1Q ;;t!;nra pr,:r17T) t: .-;a,,not Le made to so eorrorm, he ehall ht the authority to confiscate each weights ana measures c.na destroy the same. ZectiOn 5: It Shallbe the duty of ever:' persen, 11.rm or corrotation, ':!hen called upon to exhibit to such Zealer WV* weIghtelmessures„ scales, beams, steelyards., or other Maehinery used by terr;; or intendee1 to be used fer 4r4wPFF4cg§: RPOINgAt4 4 YPh/Pg.MIAMI. FI,A weighing or treasuring any article or commodity, and to permit said Sealer to exan ine, Meet and mark or seal the same . Section 9: the testing required of said weights, , measures, scales, beans, steelyards and c h, :`r machinery, may be made by such Sealer at the store or other glace or pl:..coa, where the Janie are used, and upon demand therefor the o m r or user thereof shall exhibit the same to said S• aler for the purpose of having such test made at his office. Section 10: No person, Firm or corporation shall use ar permit to be used by any pr-rsor in his, their or its employ, any weight, measures, scales, beans, steelyards, balances or other ins tru.mr nt or machinery for wei7hing arti- cles or commodities, unless the same shall have been tested and sealed or marked as herein required, and no person firm or corporation with intent to use the same for weighing or measuring as aforesaid, shall alter or permit to be altered, or knowingly use or permit to be used after the same shall have been altered, any such wei. -hts, measures, soles, beams, steelyards, balances and Other instruments or machinery for weighing or measuring after the same shall have been so tested and marked or sealed as aforesaid. Section 11: 41, weights, measures, scales, beams, steelyards, bu1'.nees and other instruments or machinery for weighing o.1 mcasurini used for wei hing or M74rourimr. ar any of them that shell be found NOT to Bon o rm to the u .r:dard of the Oity of Miami, the inspector shall attach thee,-, to a notice that such sosle or measure does not conferrn to the L4wfu1 Standard, !he='eupan, the owner the'eoi' ar 11 w thifl twcu,ty» four (U4) hours and at his own expense, cause the fz.'};e to bl $Q altered and repaired a a to conform it tQ the said. Standard, 4W QFF:ICCV: RPBlNFAu . FOND?. MIAMI. F4. o,F failure tO ao so, the ItSpector shall Seal and lalenfiseate the earns, NO person or persons other than an Inspector Of Weights and Measures shall remove or to to be remtVed the said Seal or tote. Section 12: Every person, Ttrm or corporation) that is now or may be hereafter be engaged in the business ‘:. of delivering or selling'and delivering Ice within the city of Miami, shall furnish and securely place us)on the rear end of eseh of its wartonsor Trucks used in the delivery of Ice, one setrof sc&les of at least One Hundred an twenty- five (125) poands capacity. Every such person, firm or cosi- poration engaged in the business of delivering or of selling ana delivering Ice within said City of Llismi, shall cause each quantity to be weighed by said scales so attached to said wagon or truck. Every person engaged in delivering Ioe from such delivery wagon or truck shall cause any quan- tity of Ice deliveredto any purchaser tosbe weighed on one of said scales and in the presence of such purchaser or a member of his family or an employe of such purchaser, when- ever so requested by such purchaser or by such member of his family or by such employe of such purchaser. Section 13: It shall be unlawful for any person, firm or corporation to fraudulently misrepresent the weight or measurement of anY Vantitt of coal, coke, wood, ice or any other article or commoiity delivered or sold and delivered V,them within thri Pai,1 City Flerila. section 14: Every person, firm or corporation using bottles or lame for the sale and delivery of milk or ereem within the limits of the l'itybof Miami, shall use only suoh bettles end Jere 48 shall have been clearly blown or otherwise plainly marked on the side the true eapaoity of the 4=e; This ordinance shall not be construod as in any way prOhiblting the use of any bottle or ,Iar which has been duly tested 4114 aPProVed by the Sealer of WeiShts and geasuree as 4.Aw 9fFicgs: RpoiwAt.1 VPN0g. MIAMI. FA.A. 777, T--7777 $ to capacity. Section 16 : On and alter the ping MAO elect Of this Ordinates as herein proVidod, all electric, water, and gas meters, to be testat or apprOved by the City Meter Inspcotor, in advance of installation, and must be returned to him every two years for official inspection. A consumer making a complaint o-fr Li. Company eter must deposit One (.1400) 7011ari on each meter with City Clerk to cover e7.trenees for akin ,7 a special testi und If said Meter Is in error more than two per cent (25) fast or three per cent (3) slow, the One (1.0) Dollar deposit shall be returned to the Consumer, ;,115 the Compuny to pay the usual charges for Inspeet‘on, tale. if the 1:eter proves aorredt within two per cent (2%) fast or three per cant ($) slow, the Consumer forfeits the One (4.001 Dollar deposit and the said Company to receive fi.fty cents for their expenses and the City receive fifty cents for the Inspection, and any adjustments between Consumer and Company resulting from the test to be also aproved by the City Inspector. The Company shall install a Meter previously inspected, in place of the ::eter talTen out fcr insnection, free ef charge. The 71e trio, Water and Ga2 Complus shall pay to the City :7eu1or of the City of Miami the sun of Thirty. fiv cete r'or each L!eter tested before installation. Section 16; It &call be unlawful for any G44, .gaeotrio or wator Company to charge tho consumer for note gas, electricity pr water than is indiclated by their res- peotive meters, proper discounts or additions b91417 mu,de $beTeto to oonform to the poro.ontar!eo stneas or zlewnes o the H.ter 44 4goort4inel by the eeeler'S 1:13pootio40 SOPtiP4 17; 411 ;41octric, Water br (10F. :4pter,(! • 1,4)6(OFFICM; 449411)14.14. 4 vcomf, +414mt. 1'; immediately atter being inspected or s,ppro ted, shall. be Sealed and if the said electric, Water or Gas Companys have case tO break stteh seal or seals to make repairs only, the said. Alter or Meters must not be installed until. the L eter or Meters has been tostea or approved un6 s : .led by the Inspector. Section 18 Whenever any calor shall uscerta.' n Y- +, rir j the terms o r uhs$ that ars,, .,'c,t , sabti ac � to inspections lznaox � '� oraintInce Is d. feetive arci falls to measure correctly and accurately, he shall condemn the same. The person, firrrL Or corporation oc n=n_ such Meters will on brain notified of the oonki.:m 'tion of a meter or meters, remove bhoh L eter or Zeters and repl c $are with a corrected Meter within twenty-four (24) hours. • Section 19: It shall be unlawful for any person, firm or corporation to interfere with r.ny Sealer in the discharge of the duties imposed upon him by this ordinance, or in any manner to prevent the performance by such e 1.er of sell duties. Whoever violates any provision of this once shall be punished. by a Wine not exceedin7, Two F.unarea (2J^) Dollars or by imprisonment in the City flail not exceeding' sixty drays. Section 20: The $calcr shall upon hi:, testing. of any .right, measure, Or rt>hanief31 or othr 'c: the ir►oc rtfiL .• L"..t "h.t, ; 1 ..t l ?t;,1. r'L.rc S� rat affix to such weight measure or device his official label or seal rtify .n ! to the correctness tho ' " oi'; lab of $u'3h $ealorlo Off cial label or sns.1 :hall be deemed ed prima. facie evidence of the inaooc racy of such wei F;ht, measure :sure or aevioe. The Seaer 4h411 1feep an accurate record of. the official Cleats or labels Issued by MA. 4 A QFF!Cf.5: RQ6tNgAU ¥Q:NP+ , MIAMI. F4-A• Section 211 Any wtbight, measure or mechanical OT othet*vice for the ascertainment of weight, oubii content ot lineal measurement which shall upon teat by the Sealebe foane inaccurate and used for the sale or purchase of any conodity or article of morchanlise may be summarily c'OnfiScated an destroyed by the City Sealer. Section 22: All ordinances aid parts of arainances in conflict -A.th the pro7isions of this otainnce are hreby repealea. Section 23: This ordinance sh&11 eo into effect upon its. passage and statutory publication. Pa-sed rind adopted this (,,a, ay of j7 A. D. 1921. c1#c.t4M4 pres.dent o City oun ATTEST: ity Clerk. 1921. Approved this 1.1e day of • 4 ttAW OFFIPgS: RINOINgAid 4 VP, NGg•MIAM, Ft -A. D.