The Topeka state journal., 1908-08-10
49,
Legal.
LEGAL.
IN the Topeka Daily State
journal Aug, 10, 19os.)
ORDINANCE NO. 2879

ORDINANCE NO. 2879
AN ORDINANCE Establishing the office
OF inspector of Weights and Measures,
prescribing the duties of such Inspector
hereof. and repeating Ordinance No.
.e3i, approved February 90 1905 entitled
1nS AN Ordinanee establishing the office of
rnsPeGtor or weights and Measures and
repeating all ordinances and parts OF
oruinances in conflict with this ordi-
Be 1t Ordained by the Mayor and Conn
SSiImen of the City of Topeka:
ws;n wSee.lon l. The office of Inspector of
nance established, which shall he filled
py appointment by the mayor, by and with
,n ,ne consent of the council, who shall be
paced under $500 bond given by a re-
lable surety company The salary shall
pe nine hundred dollars (S9oOOO) per year.
Sec. :. At least twice each year, or as
olten as may be necessary to detect false
weights and measures, it shall be the
outy OF said inspector to visit the various
places OF business within the city. where
scaIes, weights. measures and other in
struments are used in weighing or meas
ur1ng articles of merchandise or other
.nIngs' Tor purchase or sale, and to ex-
anime ana test the accuracy of such
scales, weights, measures and other in
struments of weight and measurement.
made correct by him. according to the
standard prescribed by the laws of the
United states and of the state of Kansas.
1t shall be the further duty of said in
spector to perform the foregoing services
upon the request and at the expense of
any person as often as thereto required.
sec D. III any person shall fail or re-
fuse to have any instrument of weight or
measurement in his possession or use ex-
amined, tested, corrected or sealed, when
called upon for that purpose by the in
spector as herein provided, or pay the
established fee for the same, he shall be
neemed neen cogsintyo guilty of misdemeanor and,
court. shall be fined not less than five
ooliars nor more than five hundred dol
lars for each offense.
Sec. 4. If any person shall use any in
strument of weight or measurement. IN
the purchase or sale of any article of
merchandise or other thing. that is in
scribed by law, and that has not been
tested and sealed as herein provided, or
altered any such instrument. which has
been so sealed. as to make the same
incorrect according to such standard. or
shall use any such instrument or keep
the same for use, in the purchase or sale
Of merchandise or other thing. such per-
son shall be deemed guilty of a misde-
the police court, shall be fined not less
than ten nor more than five hundred dol
lars for each, offense. a
Sec. 5. 1t shall be unlawful for any
person. firm or corporation to sell any
milk bottles to dairymen, or other persons
engaged in. selling, milk in said city. by
milk in any milk bottles which do not
correctly measure the quantity of milk
sold or delivered: and every person vio-
lating any of the provisions of this sec
ton shall be deemed guilty of a misde-
meanor and, upon conviction thereof.
noa Ss 1han not aha doa1e
each offense.
Sec. 6. Upon complaint made by any
b bottles arc being sold In the
city of Topeka, or that milk is being de-
livered and sold in short measure bottles.
it shall be the duty of the inspector to
test such bottles and collect the sum of
fifty fifty cents per dozen. or part thereof. OF OF
said milk bottles. 1t shall also be the
duty of said inspector to at once report
porations found using such milk bottles,
and the mayor shall see that the pro-
visions of this ordinance are strictly en-
forced.
Sec. z. 1t shall be the duty of such in
spector to test and seal any instrument
to be used in the weighing of gold, silver
Standard ippreseribed BY law: and shall
charge and collect therefor the sum of one
dollar for every such instrument so so
duty of such inspector to test and seal
any instrument to be used in the weigh
ing of drugs according to the standard
and collect therefor fifty cents for every
such instrument so tested and sealed.
Sec. s. If any person shall use. or
of weight. to be used in weighing gold,
silver or other precious metals or drugs,
in the purchase or sale thereof, without
having the same first tested and sealed
as aforesaid, such person shall be deemed
guilty of misdemeanor, and, upon con-
viction thereof in the police court, shall
be fined not less than FIVE dollars nor
more than five hundred dollars for each
offense.
Sec. 8. Whenever the inspector shall
have notice that any person in this city
is using incorrect or fraudulent weights
or measures, it shall be the duty of said
inspector to Immediately test such al
legged incorrect weights or measures, and
If found incorrect to condemn the same
Sec. 10. The said inspector is hereby
authorized to stop milk wagons at any
place within the city limits and test any
milk bottles on any such milk wagons
and all measures used for the measure
ment or delivery of milk. and he is also
hereby authorized to stop any hay OF
coal wagons at any place within the city
limits and compel the owners of said
wagons to weigh the same on the city
scales in order to ascertain the correct
Weighing and measuring of all hay and
peka: and any person firm. corporation
or association delivering or selling, or
offering for sale, any hay or coal in any
or measure of which is false or incorrect,
shall be deemed guilty of a misdemeanor
and. upon conviction thereof. shall be
lars nor more than five hundred dollars
for each offence.
Sec. IL. If the said inspector shall use
any false standard or any standard diff
ferent from those prescribed by law or
ordinance, in testing any instrument of
weight or measurement as provided here
in. he shall be deemed guilty of mis-
demeanor and on conviction thereof in
the police court, shall be fined in any
sum not less than five dollars nor more
than five hundred dollars for each offense
and stand comitted to the city prison
until such Judgment Is compiled with
Sec. r. The said Inspector shall charge
and collect for exainating, testing and
measure the following fees. except as
otherwise designated herein. to wit: For
than two hundred pounds. fifteen cents;
of capacity of two hundred pounds and
less than six hundred pounds. twenty.
five cents; of capacity of six hundred
pounds and less than two thousand
pounds. fifty cents: and of capacity OF
two thousand pounds and over, one dol
lar. For all instruments Of measure. as