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PART FIVE — MUNICIPAL UTILITIES AND SERVICES CODE

Title IX — Municipal Services

Chapter 553 — Markets

Complete to December 31, 2008

Note: The legislative history of this Chapter, except where specifically noted at the end of a section, is as follows: Ordinance No. 63410-A, passed September 22, 1924.

CROSS REFERENCES

Power to regulate weights and measures, RC 715.45

Adulterated, misbranded and unsafe food, RC 3715.52, 3715.59 et seq.

Sources of poultry and game for sales, CO 241.26

Sale of poultry by weight, CO 241.27

Using or selling from untested measuring devices, CO 555.13

553.01     West 25th Street Market Grounds

The West 25th Street market grounds shall include and be bounded as follows: all that portion of W. 25th St., between Vestry and Chatham Aves.; the westerly side of W. 25th St. to a point 150 feet southerly of Chatham Ave.; all of Market Ave., between W. 25th and W. 26th Sts.; all of the north half of Lorain Ave. in front of West Side Market building; all of W. 26th St., between Lorain and Carroll Aves.
(Ord. No. 1595-44. Passed 10-15-45)

553.02     Use of Market Grounds

The market grounds and the buildings thereon, and such additional public grounds, spaces or portions of any street, as Council may hereafter designate, shall be market grounds and market spaces, for the sale of provisions, vegetables and other articles necessary for the sustenance and convenience of the inhabitants of the City. All persons in charge of any vehicle containing meat, vegetables or any other article of food for sale, shall, for the purpose of such sale, stand on the market grounds, or on such market spaces as are designated. All carts or other vehicles, blocks, benches, tubs, barrels or other devices, necessary for the convenience or sale of any articles in market, shall stand and be placed in such manner on market grounds or market spaces as the Commissioner of Markets, Weights and Measures may direct. All provisions, vegetables and other articles necessary for the sustenance and convenience of the inhabitants of the City, shall be sold at markets, subject to the regulations and restrictions of this chapter.

553.03     Priority on Space

No person shall sell, or expose for sale, within any of the market houses or market spaces of the City, any article, fabric or material, not used for food, any coffee, tea, sugar, foreign fruits, rice or spices, except when the space in the markets may not be needed for the sale of meats, vegetables and produce. When not so needed, the letting of the room in the markets shall be at the discretion of the Director of Public Properties, until the same is otherwise needed, as above specified. When so let to any person, he shall hold the same until needed for the sale of meats, vegetables and produce, and upon thirty days' notice being given by the Director, his lease shall be void.

553.04     Short Weights or Measures

The Commissioner of Markets, Weights and Measures, shall arrest, or cause to be arrested, any person who has sold, or who shall offer for sale in any market house or stall therein or connected therewith, or on any street articles of any kind or character which shall not be of full standard weight or measure, as is required by the laws of the State or the ordinances of the City; or shall sell or offer for sale at or within any of the places aforesaid any article which is required by law to be sold by the dry measure standard, in any liquid measure.

553.05     Resisting Commissioner's Order

No person shall resist, hinder or obstruct the Commissioner of Markets, Weights and Measures in the lawful discharge of any of the duties imposed upon him by any City ordinance.

553.06     Shelves and Lines

No person shall hang or put up any shelves, lines or any other matter or thing, the same to remain so hung or put up, more than two feet higher than the top of any bench or stall leased and occupied in any of the markets or market spaces within the City.

553.07     Intoxicating Liquors

No intoxicating liquors of any kind or description shall be sold or given away at any of the stands in the market houses.

553.08     Regulations for Sanitation and Conduct

No person shall ride, lead or drive any horse or other animal into any market house or upon the sidewalk pertaining thereto, or kill or slaughter any animal in any market house or market space, or throw, deposit or permit to be placed or deposited, temporarily or otherwise, any animal or vegetable offal, filth, dead animal, fowl, fish or other noisome substance, or any boxes, baskets, wood, paper, hay, straw, excelsior, sawdust, cork dust or any material used for packing, or anything that will in any manner soil or litter the streets or places herein named in any market house or upon any of the streets, sidewalks or grounds within any of the territory described in this chapter. All garbage, offal, dead animals and other refuse matter, either animal or vegetable, which will or which is liable to ferment, decay, putrify, decompose or in any manner become offensive or a menace to the public health, shall be either deposited in the receptacles provided by the City for such purposes, or removed by the person having possession of the same to such place outside of the territory described in this chapter as will in no manner become offensive or a menace to the public health. All rubbish and other material hereinbefore described save and except garbage, offal, dead animals and other refuse matter, either animal or vegetable, which will or which is liable to ferment, decay, putrify, decompose or in any manner become offensive or a menace to the public health, shall be removed by the person having possession of the same to a suitable place outside of the territory described in this chapter; nor shall any person tie or fasten any horse or other beast to the railing or other parts of the market houses; nor post any bills on, or break, injure or in any way deface any part of the market houses, nor shall any person stand or sit on, or lean against any of the benches, stands or stalls in or around any of the market houses; nor shall any person cut, mark, deface or in any way mar or injure the benches, stands or stalls, or in any way mar, injure or cause to overflow any receptacle provided by the City in or about the market houses or market spaces for the purpose of receiving garbage matter; nor shall any person smoke behind the counter, stall or bench from which customers are served during market hours in any market house; nor shall any person cry or hawk in selling or inviting attention to the wares, goods or articles for sale or on exhibition in or about any of the places herein named, or use any language or make any noise louder than ordinary conversation in transacting any business in or about the places herein named.

553.09     Seizure and Destruction of Unfit Foods

The Commissioner of Markets, Weights and Measures and his assistants shall seize and destroy any and all unwholesome and unsound meat, and the meat of all calves and boars that is prohibited from being sold or offered for sale, which they may find in the market.

553.10     Sale of Provisions before Market Hours

No person having a wagon, cart or stand in any of the market spaces, shall sell or offer to sell, any vegetables, berries, fruits, poultry, eggs, butter or provisions of any kind, previous to the market hours designated by the Commissioner of Markets, Weights and Measures.

553.11     Clearing Market upon Closing

Every keeper of a stall or bench in any market shall, within one hour after the closing of the market, cause his provisions and vehicle to be removed from the market space, and his stall or bench to be thoroughly cleansed, and all animal or vegetable rubbish to be removed from the market space. Each butcher shall cause his tables, meat blocks and other fixtures to be thoroughly cleansed and scraped.

553.12     Uniform Stall Signs

All stall holders in the market houses shall furnish at their own expense uniform signs, and fix them up in appropriate places in their respective stalls.

553.99     Penalty

Whoever violates any provision of this chapter, or fails or refuses to perform the requirements of the same, or the orders of the Commissioner of Markets, Weights and Measures, shall be fined not more than fifty dollars ($50.00) for the first offense, and not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00) for each subsequent offense, and if he is a lessee of a stall or space, his lease shall be forfeited, at the option of the Director of Public Service.

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