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CROSS REFERENCES

Power to regulate weights and measures, RC 715.45

555.01     Definitions

(a) "Commissioner" shall mean the Commissioner of the Division of Assessments and Licenses or any of said Commissioner's assistants duly authorized to perform the duties of such officer.

(b) "Correct" shall mean conformance to all applicable requirements of this code.

(c) "Package" shall mean any commodity put up or packaged in any manner in advance of sale in units suitable, for either wholesale or retail sale.

(d) "Person" shall mean any individual, partnerships, corporations, companies, societies, and associations, or their legal representatives, agents, assigns, employees or successors.

(e) "Sale from bulk" shall mean the sale of commodities when the quantity is determined at the time of the sale.

(f) "Seal" shall mean the official stamp of the City of Cleveland, indicating a device has been found to be correct. Such stamp shall include the date and year of the most recent inspection.

(g) "Short-weight packages" shall mean any "standard pack" or "pre-pack commodity" whose net contents is not equal to or exceed the labeled or advertised quantity at the retail outlet.

(h) "Standards" shall mean the standards adopted by the State of Ohio and shall be the test by which all weights and measures shall be compared and determined in the City of Cleveland.

(i) "Weight" as used in connection with any commodity shall mean net weight, except where the label declares that the produce is sold by drained weight, the term means net drained weight.

(j) "Weight(s)" and/or "Measure(s)" shall mean any and all weights and measures of every kind, including any instruments and devices for weighing and measuring and any appliance and accessories associated with any or all such instruments and devices.
(Ord. No. 1668-91. Passed 10-21-91, eff. 10-28-91)

555.02     Bureau of Weights and Measures

There shall be a Bureau of Weights and Measures located for administrative purposes within the Division of Assessments and Licenses. The bureau is charged with, but not limited to, performing the following functions on behalf of the citizens of the City of Cleveland:

(a) Assuring that weights and measures in commercial service within the City of Cleveland are suitable for their intended use, properly installed, and accurate as to their measurement, and are so maintained by their owner or user.

(b) Preventing unfair or deceptive dealing by weight measure or count in any commodity or service advertised, packaged, sold, or purchased within the City of Cleveland.

(c) Promoting uniformity, to the extent practicable and desirable, between weights and measures requirements of the City of Cleveland and the State of Ohio.
(Ord. No. 1668-91. Passed 10-21-91, eff. 10-28-91)

555.03     Appointment and Duties

The Commissioner shall have the power and shall:

(a) Conduct investigations to ensure compliance with this chapter.

(b) Delegate to the appropriate personnel any of the necessary responsibilities for the proper administration of the Bureau of Weights and Measures.

(c) Test at least annually the standards of weight and measure used by any and all commercial businesses within the City of Cleveland and approve the same when found to be correct.

(d) Inspect and test weights and measures kept, offered, or exposed for sale, including equipment failing by reason of special design or otherwise, to fall clearly within one of the particular equipment categories.

(e) Inspect and test, to ascertain if they are correct, weights and measures commercially used:

(1) in determining the weight, measure, or count of commodities or things sold, or offered or exposed for sale, on the basis of weight, measure or count; or

(2) in computing the basic charge or payment for services rendered on the basis of weight, measure, or count.

(f) Hold hearings, subpoena witnesses and relevant information/material, and enter into Assurance Agreements as the Commissioner deems necessary to effectuate this chapter.
(Ord. No. 1668-91. Passed 10-21-91, eff. 10-28-91)

555.04     Right to Examine

The Commissioner may examine and in the process of examination may:

(a) Approve for use, and may seal, such weights and measures as are found to be correct and shall reject and mark as rejected such weights and measures as are found to be incorrect. Weights and measures that have been rejected may be seized if not corrected within the time specified or if used or disposed of in a manner not specifically authorized. The Commissioner shall condemn and may seize the weights and measures found to be incorrect that are incapable of being made correct.

(b) Inspect weights, measures, or packaged commodities which are kept, offered, or exposed for sale, sold, or in the process of delivery, in order to determine whether they contain the amounts represented and whether they are kept, offered, or exposed for sale in accordance with this chapter. In carrying out the provisions of this section, the Commissioner shall employ recognized sampling procedures, such as are designated in National Bureau of Standards Handbook 67, "Checking Prepackaged Commodities," or in National Bureau of Standards Handbook 133, "Checking the Net Contents of Packaged Goods."

(c) Enforce the appropriate term or unit of weight or measure to be used, whenever the Commissioner determines in the case of a specific commodity that an existing practice of declaring the quantity by weight, measure, numerical count, or combination thereof, does not facilitate value comparisons by consumers, or offers an opportunity for consumer confusion.

(d) Inspect and seal timing devices and scanners for accuracy in accordance with the requirements of National Bureau of Standards Handbook 44, "Specifications, Tolerances and Other Technical Requirements for Weighing of Measuring Devices," and RC 1327.54 "Misrepresentation of Pricing."
(Ord. No. 1668-91. Passed 10-21-91, eff. 10-28-91)

555.05     Duty of Testing and Sealing

(a) When necessary for the enforcement of the weights and measures codes, the Commissioner shall and is hereby:

(1) authorized to enter any commercial premises during normal business hours, except that in the event such premises are not open to the public.

(2) empowered to issue violations, and condemned from use orders with respect to any weights and measures commercially used, and issue violations and off sale orders with respect to any packaged commodities or bulk commodities kept, offered, or exposed for sale.

(3) empowered to seize, for use as evidence, without formal warrant, any incorrect or unapproved weight, measure, package, or commodity found to be used, retained, offered, or exposed for sale or sold in violation of the provisions of this Chapter.

(b) It shall be the duty of the Commissioner, and said Commissioner is authorized and required, to test all weights and measures in the fee schedule used commercially in the City of Cleveland at least once each calendar year, or as often as deemed desirable by said Commissioner. If said Commissioner shall have found the same to be correct, according to the standards established by the Department of Agriculture of the State of Ohio, he shall seal and mark the same with a seal which includes the date of the inspection.

(c) The Commissioner has the authority to initiate legal action for the purpose of enforcing the provisions of this chapter. All legal actions initiated by the Commissioner to enforce the provisions of this chapter shall be brought by the Director of Law upon request of the Commissioner. In addition to filing criminal charges, as provided for in this chapter, actions may be brought for injunctive relief in any court of competent jurisdiction restraining any person from violating any provision of this chapter.
(Ord. No. 1668-91. Passed 10-21-91, eff. 10-28-91)

555.06     Record of Tests

The Commissioner shall retain in the Bureau of Weights and Measures a permanent record of all tests made. The Commissioner shall keep a daily record of all weights and measures used commercially which have been inspected and tested as provided for in this chapter, along with the location, name of the business and the user/merchandise of said weights and measures.
(Ord. No. 1668-91. Passed 10-21-91, eff. 10-28-91)

555.07     Accessibility for Testing Purposes

A weighing or measuring device shall be so located, or such facilities for normal access thereto shall be provided, that the testing equipment of the weights and measures official, in the amount and size deemed necessary by such official for the proper conduct of the test, may readily be brought to the device by customary means. Otherwise, it shall be the responsibility of the device owner or operator to supply such special facilities, including necessary labor as may be needed to transport the testing equipment to and from the device, as required by the weights and measures official.
(Ord. No. 1241-91. Passed 6-17-91, eff. 6-26-91)

555.08     Fees

(a) For all inspections required in this section, the Commissioner of Assessments and Licenses shall collect a fee for testing and sealing weights and measures. All charges shall conform to the following schedule:

(b) If an inspection fee prescribed by this section is not received by the Bureau of Weights and Measures within forty-five (45) days from the date it is due, a penalty of fifty percent (50%) of any fee shall be imposed in addition to the original fee.

(c) No weight and/or measure of any kind shall be tested and/or sealed by the Commissioner unless full payment has been received for any previous testing and/or sealing of the weight and/or measure.
(Ord. No. 1020-04. Passed 8-11-04, eff. 8-17-04)

555.09     Deposits

All monies collected shall be deposited with the City Treasurer and shall be credited to the General Fund.
(Ord. No. 1241-91. Passed 6-17-91, eff. 6-26-91)

555.10     Systems of Weights and Measures

The definitions of basic units of weight and measure, the tables of Weights and Measures, and weights and measures equivalents as published by the National Bureau of Standards are recognized and adopted by the Bureau of Weights and Measures and shall govern weighing and measuring equipment and transactions in the City of Cleveland.
(Ord. No. 1241-91. Passed 6-17-91, eff. 6-26-91)

555.11     Requirements for the Method of Sale of Commodities

The Uniform Regulation for the Method of Sale of Commodities as adopted by the National Conference on Weights and Measures and published in National Standards Handbook 130, "Uniform Laws and Regulations", and supplements thereto or revisions thereof, shall apply to the method of sale of commodities in the City of Cleveland.
(Ord. No. 1241-91. Passed 6-17-91, eff. 6-26-91)

555.12     Technical Requirements for Weights and Measures

The specifications, tolerances, and other technical requirements for commercial and other weighing and measuring devices, law enforcement, and data gathering, as adopted by the National Conference on Weights and Measures and published in National Bureau of Standards Handbook 44, "Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices", and supplements thereto or revisions thereof, shall apply to weights and measures in the City of Cleveland except insofar as modified or rejected by the Ohio Revised Code or the Ohio Administrative Code.
(Ord. No. 1241-91. Passed 6-17-91, eff. 6-26-91)

555.13     Suitability of Equipment

Commercial equipment shall be suitable for the service in which it is used with respect to elements of its design, including but not limited to its weighing capacity (for weighing devices), its computing capability (for computing devices), the character, number size, and location of its indicating or recording elements, and the value of its smallest unit and unit prices.
(Ord. No. 1241-91. Passed 6-17-91, eff. 6-26-91)

555.14     Maintenance of Equipment

All weights or measures in service and all mechanisms and devices attached thereto or used in connection therewith shall continuously be maintained in proper operating condition throughout the period of such service. Weights or measures in service at a single place of business found to be in error predominately in a direction favorable to the device user and near the tolerance limits shall not be considered "maintained in a proper operating condition."
(Ord. No. 1241-91. Passed 6-17-91, eff. 6-26-91)

555.15     Method of Operation

Equipment shall be operated only in the manner that is obviously indicated by its construction or that is indicated by instructions on the weight or measure.
(Ord. No. 1241-91. Passed 6-17-91, eff. 6-26-91)

555.16     Position of Equipment

A weight or measure equipped with a primary indicating element and used in direct sales, except a prescription scale, shall be so positioned that its indications may be accurately read and the weighing or measuring operations may be observed from some reasonable "customer" position. The permissible distance between the equipment and a reasonable customer position shall be determined in each case upon the basis of the individual circumstances, particularly the size and character of the indicating element.
(Ord. No. 1241-91. Passed 6-17-91, eff. 6-26-91)

555.17     Information Required on Packages

Except as otherwise provided in this chapter or by regulations promulgated pursuant hereto, any package kept for the purpose of sale or offered or exposed for sale shall conform to the standards of the Uniform Packaging and Labeling Regulation as adopted by the National Conference on Weights and Measures and published in the National Bureau of Standards Handbook 130, "Uniform Laws and Regulations", and RC 1327.57, "Information Required on Packages and Advertising."
(Ord. No. 1241-91. Passed 6-17-91, eff. 6-26-91)

555.18     Advertising Packages for Sale

Whenever a packaged commodity is advertised in any manner with the retail price stated, there shall be closely and conspicuously associated with the retail price a declaration of quantity as is required by law or regulation to appear on the package. Where a declaration is required, only the declaration that sets forth the quantity in terms of the smaller unit of weight or measure need appear in the advertisement.
(Ord. No. 1241-91. Passed 6-17-91, eff. 6-26-91)

555.19     Prohibitions

No person shall:

(a) use or have in possession for use in commerce any incorrect weight or measure.

(b) remove any tag, seal, or mark from any weight or measure without specific written authorization from the proper authority.

(c) hinder or obstruct any weights and measures official in the performance of his duties.

(d) obstruct the Commissioner in the performance of any of the duties imposed upon said Commissioner by the provisions of this chapter.

(e) sell, offer or expose, use or keep to be used, any weight or measure for weighing or measuring any article bought or sold or offered or exposed for sale, which is liable to indicate false or inaccurate weight or measure, or which does not conform to the standard established by law.

(f) sell, offer or expose any weight or measure for weighing and/or measuring of products for sale without said weight or measure having been tested, marked and sealed by the Commissioner.

(g) sell, offer or expose with intent to use the same for weighing and/or measuring products for sale, alter a weight or measure, after said weight or measure has been tested, marked and sealed by the Commissioner, if said alteration shall cause the device to fail to conform to the standards of this Chapter.

(h) sell, offer or expose for sale any product of any kind, the packaging and sale of which are under the person's control, in quantities of less weight, measure, or count than the weight, measure or count represented to be contained on said package.

(i) sell, offer or expose for sale less than the quantity he represents, nor take any more than the quantity he represents when, as buyer, he furnishes the weight or measure by means of which the quantity is determined.

(j) misrepresent the price of any commodity or service sold, offered, exposed, or advertised for sale by weight, measure, or count, nor represent the price in any manner calculated or tending to mislead or in any way deceive a person.
(Ord. No. 1668-91. Passed 10-21-91, eff. 10-28-91)

555.20     Presumptive Evidence

Whenever there shall exist a weight or measure in or about any building, enclosure, stand or vehicle in which or from which buying or selling is commonly carried on, there shall be a rebuttable presumption that such weight or measure is regularly used for the business purposes of that place.
(Ord. No. 1241-91. Passed 6-17-91, eff. 6-26-91)

555.21 and 555.22     Reserved

Note: Former Sections 555.21 and 555.22 were repealed by Ord. No. 1241-91, passed 6-17-91, eff. 6-26-91.

555.99     Penalty for Code Violations

Any person who violates any provision of this chapter or regulations promulgated pursuant thereto, for which specific penalty has not been prescribed, shall be guilty of a misdemeanor, and upon a first conviction thereof shall be punished by a fine of not less than fifty dollars ($50.00) or more than five hundred dollars ($500.00), or by imprisonment for not more than three (3) months or both. Upon a subsequent conviction thereof, he shall be punished by a fine of not less than one hundred dollars ($100.00) or more than one thousand dollars ($1,000) or by imprisonment for up to six (6) months or both.
(Ord. No. 1241-91. Passed 6-17-91, eff. 6-26-91)