This chapter shall be known and may be cited as "The Weights and Measure Ordinances of the City of Madison Heights."

(Code 1958, § 3-1000; Ord. No. 168, § 1, 10-10-60)

The following words and phrases, when used in this chapter, shall have the meanings respectively ascribed to them:

Person shall mean and include all natural persons, firms, partnerships, individual proprietorships, incorporated and unincorporated associations whether acting by themselves or through a servant, agent or employee. All persons who violate any of the provisions of this chapter whether as owner or as agent, servant or employee, except as may be herein otherwise provided, shall be equally liable as principals.

Scales, weights, measures or measuring devices shall be construed to mean any weight, measure, scale or other computing instrument used commercially in the receipt or disbursement of goods and commodities, to ascertain the weight, size, quantity, value or dimensions of any liquids, solids or other articles.

Sealer shall mean the sealer of weights and measures of the city, or some person duly authorized by him.

(Code 1958, § 3-1001; Ord. No. 168, § 1, 10-10-60)

It shall be unlawful for any person to offer for sale, or sell, any commodities in the city unless he conforms with requirements of this chapter. Whenever, in the discretion of the sealer, any person violates this chapter, said sealer is authorized and empowered to issue a violation ticket and to sign a complaint before any magistrate.

(Code 1958, § 3-1016; Ord. No. 168, § 1, 10-10-60)

(a)

It shall be unlawful for any person to use, within the city, for the purpose of buying or selling, any commodity, any weights, measures, scales or other instruments unless and until the same have been inspected and stamped "Madison Heights Approved" by the sealer.

(b)

Any measuring device that has been repaired, rebuilt or relocated shall have the approval of the sealer, before being put into operation again.

(c)

It shall be unlawful to use in a commercial manner or to have in any business establishment, or on any conveyance, any scale known as a "household scale." When such a device is present in a business establishment there shall be a conclusive presumption that it is being used for commercial purposes.

(Code 1958, § 3-1008; Ord. No. 168, § 1, 10-10-60)

It shall be unlawful for any person to refuse at any time to exhibit to the sealer any weights, measures, scales, computing devices or other instruments used in weighing or measuring any goods, wares, commodity and merchandise, or any box, rack or measure from which is sold, or offered for sale, or delivered, when demanded by him, for the purpose of having the same inspected, and no person shall willfully impede or delay the sealer in the performance of his duties.

(Code 1958, § 3-1009; Ord. No. 168, § 1, 10-10-60)

State Law reference— Similar provisions, MSA § 12.1081(29).

No person shall sell or attempt to sell, or deliver or transport or cause to be delivered, sold or transported to any person within the limits of the city any goods, wares, merchandise, commodity or produce of any kind whatsoever, without first having accurately weighted or measured the same or determined by numerical count the net weight or measure or amount of commodity ordered or purchased.

(Code 1958, § 3-1010; Ord. No. 168, § 1, 10-10-60)

The sealer is hereby authorized to seize for use as evidence and without formal warrant any false or unsealed weight, measure or weighing, measuring or computing device or package, or amounts of commodities, found to be used, retained or offered, or exposed, for sale or sold in violation of this chapter.

(Code 1958, § 3-1017; Ord. No. 168, § 1, 10-10-60)

It shall be the duty of any person desiring to install or use, or change, the location of any scales, weights or measures or computing devices for use if buying or selling commodities in the city, to notify the sealer of such fact, prior to use thereafter, in order to afford the sealer the opportunity to inspect and approve the same. Any scale, weight, weighing, measuring or computing device that has been repaired, rebuilt or relocated must be approved by the sealer before it may be used again.

(Code 1958, § 3-1013; Ord. No. 168, § 1, 10-10-60)

Every scale, weight, weighing, measuring or computing device shall be kept clean and in proper working condition at all times and it shall be the responsibility of the owner or operator of any scale, weighing device or measuring device, his agent or employee, if there be an indicator on the scale to keep such device properly balanced at zero when same is not in use.

(Code 1958, § 3-1014; Ord. No. 168, § 1, 10-10-60)

It shall be unlawful to sell, or offer for sale, commodities in prepackaged form unless plainly and conspicuously marked on the outside of the package in terms of net weight, net measure or net count as of the time of sale. Packages put up as novelties, but which contain any food, drink, confectionery or condiment, whether simply mixed or compound, must comply with all ordinances regulating weights and measures and the marking and labeling of packaged goods and any and all other laws applicable thereto.

(Code 1958, § 3-1015; Ord. No. 168, § 1, 10-10-60)

State Law reference— Similar provisions, MSA 12.1081(24).

It shall be unlawful for any person within the limits of the city, either by himself or as a vendor, clerk, agent or servant, in selling or weighing or measuring any product or commodity or goods and merchandise of any name, or nature, that is sold or bought by weight or measure, to sell, or attempt to sell, deliver, or attempt to deliver, or to make or give, or cause to be given, any false weight or measure thereof.

(Code 1958, § 3-1011; Ord. No. 168, § 1, 10-10-60)

State Law reference— Similar provisions, MSA 12.1081(31).

Any person who shall offer or expose for sale, sell or use, offer for hire or reward, or retain in his possession a false weight, measure, measuring or computing measuring device in the buying or selling of any commodity, or thing; or who shall dispose of any condemned weight, measure or weighing or measuring device contrary to law; or who shall remove any tags placed thereon by the sealer; or who shall sell or offer, or expose for sale, less than the quantity he represents, or sell, or offer or expose for sale any such commodity in any manner contrary to this chapter or the applicable provisions of the statutes of the State of Michigan; or any person who shall sell or offer for sale, or have in his possession for the purpose of selling, any device or instrument to be used to, or calculated to, falsify any weight or measure; shall be guilty of a misdemeanor.

(Code 1958, § 3-1019; Ord. No. 168, § 1, 10-10-60)

State Law reference— Similar provisions, MSA 12.1081(31).

(a)

It shall be unlawful for any person, by himself or through his agents or servants, to have possession, with intent to sell or offer, or expose for sale, or sell, any article which is misbranded or falsely advertised within the meaning of this chapter.

(b)

An article shall be deemed to be misbranded within the meaning of this chapter:

(1)

If it is an imitation of, or is offered for sale, under the name of another article;

(2)

If it is labeled, or branded, so as to deceive or mislead the purchaser, or purport to be a foreign product when not so, or if the contents of the package as originally put up shall have been removed in whole, or in part, and other contents shall have been placed in such package;

(3)

If in package form every package, box, bottle, basket or other container does not bear the true net weight, excluding the wrapper or container, which shall be stated in terms of pounds, ounces and grains avoirdupois weight or fractions thereof, or the true net measure, which measure, in case of liquids, shall be in terms of gallons of 231 cubic inches or fraction thereof as quarts, pints and ounces, or the true numerical count, as the case may be, expressed on the face of the principal label in plain English words or numerals, so that it can be plainly read.

(c)

An article shall be deemed to have been falsely advertised within the meaning of this chapter when any person, with intent to sell or in any way dispose of merchandise directly to the public, publishes, circulates or places before the public, or causes to be published, circulated or placed before the public, in a newspaper or other publication, or in the form of a notice, sign, handbill, circular, pamphlet or other means of communication intended for a large number of persons, any statement containing any assertion, representation or statement which is untrue, deceptive, or misleading, or calculated to subject any person to disadvantage or injury through the publication of deceptive or false statements.

(Code 1958, § 3-1018; Ord. No. 168, § 1, 10-10-60)

It shall be unlawful for any person to buy, or sell, or offer, or attempt to buy or sell or deliver, any commodity of any kind or character in the city according to any scales, weights, measures or other computing devices which have been condemned by the sealer; and the use of any such "condemned" scales, weights, measures or other computing devices is hereby declared unlawful and a violation of this chapter. Each day such violation is committed, or permitted to continue, shall constitute a separate offense and shall be punishable as such.

(Code 1958, § 3-1012; Ord. No. 168, § 1, 10-10-60)

All peddlers and hawkers using scales, balances, weights or measures shall take the same to the office of the sealer before any use is made thereof, and have the same marked and adjusted at least annually or more often as the sealer may direct.

(Code 1958, § 3-1020; Ord. No. 168, § 1, 10-10-60)

Cross reference— Peddlers, hawkers, etc., Ch. 7, Art. IV.

It shall be unlawful for any person, other than the sealer, to deface or remove any stamp, tag or seal placed on a measuring device by the sealer.

(Code 1958, § 3-1021; Ord No. 168, § 1, 10-10-60)

State Law reference— Similar provisions, MSA 12.1081(31).

There is hereby created within the building department a division of weights and measures.

(Code 1958, § 3-1002; Ord. No. 168, § 1, 10-10-60)

The division of weights and measures shall be under the supervision of the sealer of weights and measures. The sealer for the city shall be the chief building inspector. He shall have the power to appoint such additional inspectors as may be necessary from time to time to perform all the duties pertaining to this office and as provided in this chapter and shall, prior to June first of each year as often thereafter as may be necessary, try; test and prove all scales, weights, dry, liquid and linear measures or other computing instruments used in the city in the receipt and disbursement of articles and commodities and for the purpose of buying and selling such articles and commodities. All such scales, weights and measures or other computing instruments as shall be found to conform to the standards kept in his office, shall be appropriately stamped, sealed or marked and the date when said inspection was made indicated thereon; and all such scales, weights and measures as the sealer shall determine which do not conform to the standards in his office, shall be stamped, sealed or marked with the word "Condemned" and the date when such inspection was made.

(Code 1958, § 3-1003; Ord. No. 168, § 1, 10-10-60)

The sealer shall be provided at the expense of the city with a book to be kept in his office in which he shall register in alphabetical order the name of each person whose weights, scales or measures and other computing devices have been inspected by him, the number and size of same, and the number of each approved and condemned, with the date of inspection of same. Such book shall at all reasonable times be open to inspection and examination by the public.

(Code 1958, § 3-1004; Ord. No. 168, § 1, 10-10-60)

(a)

The sealer shall be provided, at the expense of the city and within the budget appropriation, a complete set of necessary weights, measures and scales and other testing devices in conformity with the standards in force in this state, which such devices shall be tried, proved, sealed and certified by the state sealer of weights and measures and such devices so tried, sealed and certified shall be kept in the office of the sealer, as standards for use in the city. The said sealer may also procure, at the expense of the city and within the budget appropriation, a seal, stamp and other similar necessary appliance, to be kept in his office for the use of the city. The standard of weights and measures of commodities as provided in the statutes of the state and the standards set out in the current edition of the National Bureau of Standards Handbook, which is hereby adopted by reference shall be the standards used in applying the provisions of this chapter.

(b)

If conflicting provisions are found between the National Bureau of Standards Handbook and the provisions of this chapter, the provisions of this chapter shall prevail and govern.

(c)

A copy of said handbook may be inspected at the office of the city clerk.

(Code 1958, § 3-1005; Ord. No. 168, § 1, 10-10-60)

State Law reference— Approval of state director of weights and measures required, MSA 12.1081(19).

The sealer shall have complete and absolute care and custody of the measuring devices used as standards for testing as required in section 30-37. The devices used as standards shall be in conformity with the standards in force in this state.

(Code 1958, § 3-1006; Ord. No. 168, § 1, 10-10-60)

The sealer shall have the right and authority to enter any building, structure or premises, or to stop any vehicle or conveyance in or upon which any measuring or other computing device, or weighed or measured packages or amounts of commodity are kept or maintained or carried, without formal warrant, in the general performance of his official duties for the purpose of testing, inspecting, sealing or condemning such measuring or other computing devices, or reweighing or remeasuring such packages or amounts of commodities, either upon his own initiative or at the request of any citizen, at all reasonable hours.

(Code 1958, § 3-1007; Ord. No. 168, § 1, 10-10-60)