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BULLET St. Louis City Revised Code Chapter 9.14 Inspection of Scales and Measures

St. Louis City Revised Code (annotated) has been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

Official printed copies of St. Louis City Revised Code may be obtained from the Register's Office at the St. Louis City Hall.



Chapter 9.14
Inspection of Scales and Measures

Sections:

9.14.010 Fees.
9.14.020 Investigations.
9.14.030 Package inspection.
9.14.040 Stop use, stop removal, and removal orders.
9.14.050 Correct and incorrect apparatus--Seal--Seizures.
9.14.060 Incorrect apparatus--Hearing.
9.14.070 Incorrect apparatus--Destruction.
9.14.080 Incorrect apparatus--Decision review.
9.14.090 Commissioner's police powers.
9.14.100 Duty of owners.

9.14.010 Fees.

The commissioner shall charge for inspecting, testing, sealing, and certifying the various types of weights and measures as required by this title, in accordance with the following schedule of fees:

Scale or balance with a nominal capacity of 50 pounds or less . . . . . $ 2.00

Person weigher scale . . . . . 2.00

Scale (other than as specified above) with nominal capacity of not more than 400 pounds . . . . . 3.00

Scale with nominal capacity of more than 400 pounds but not more than 1,200 pounds . . . . . 4.00

Scale with nominal capacity of more than 1,200 pounds but not more than 3,500 pounds . . . . . 5.00

Scale with nominal capacity of more than 3,500 pounds but not more than 10,000 pounds . . . . . $ 7.50

Scale (other than as specified below) with nominal capacity of more than 10,000 pounds . . . . . 12.50

Livestock scale . . . . . 15.00

Axleload scale . . . . . 15.00

Vehicle scale with nominal capacity of 40,000 pounds or less . . . . . 17.50

Vehicle scale with nominal capacity of more than 40,000 pounds . . . . 20.00

(Note: The fees scheduled above shall include inspection and testing of one set of weights normally supplied with each scale. Additional such weights shall be charged for at the rate of one dollar per set.)

Weights (other than those normally supplied with a particular scale) shall be charged, for each weight . . . . . 0.20

Linear measure . . . . . 0.20

Linear measuring device . . . . . 0.50

Liquid or dry measure with capacity of one gallon or less . . . . . 0.10

Liquid or dry measure with capacity of more than one gallon but not more than five gallons . . . . . 0.50

Liquid or dry measure with capacity of more than five gallons, per gallon . . . . . 0.10

Odometer . . . . . 3.00

Liquid measuring device (retail type) not mounted on vehicle tank . . . . 3.00

Liquid measuring device (wholesale type) not mounted on vehicle tank . . . . . 15.00

Liquid measuring device mounted on vehicle tank . . . . . 10.00

Tank (whether stationary or mounted on a vehicle) when used as a measure of capacity:

100 gallons or more but less than 500 gallons . . . . . 20.00

500 gallons or more but less than 1,000 gallons . . . . . 26.00

1,000 gallons or more but less than 2,000 gallons . . . . . 32.00

2,000 gallons or more but less than 3,000 gallons . . . . . 38.00

3,000 gallons or more but less than 4,000 gallons . . . . . 44.00

4,000 gallons or more but less than 5,000 gallons . . . . . 50.00

5,000 gallons or more but less than 6,000 gallons . . . . . 56.00

6,000 gallons or more but less than 7,000 gallons . . . . . $62.00

7,000 gallons or more but less than 8,000 gallons . . . . . 68.00

8,000 gallons or more but less than 9,000 gallons . . . . . 74.00

9,000 gallons or more but less than 10,000 gallons . . . . . 80.00

More than ten thousand gallons shall be charged at the rate of eighty dollars plus six dollars each additional one thousand gallons or fraction thereof above ten thousand gallons.
(Ord. 55927 1, 1971: prior Ord. 55078 1, 1968: Ord. 50077 1 (part), 1960: 1948 C. Ch. 72 11: 1960 C. 342.010.)

McQuillin:

24.403 Fee for weighing, measuring or inspection

9.14.020 Investigations.

The commissioner shall investigate complaints made to him concerning violations of the provisions of this title, and shall, upon his own initiative, conduct investigations he deems appropriate and advisable to develop information on prevailing procedures in commercial quantity determination and on possible violations of the provisions of this title and to promote the general objective of accuracy in the determination and representation of quantity in commercial transactions.
(Ord. 50077 1 (part), 1960: 1948 C. Ch. 72 12: 1960 C. 342.020.)

9.14.030 Package inspection.

The commissioner shall, from time to time, weigh or measure and inspect packages or amounts of commodities kept, offered, or exposed for sale, sold, or in the process of delivery, to determine whether the same contain the amounts represented and whether they be kept, offered, or exposed for sale, or sold, in accordance with law. When packages or amounts of commodities are found not to contain the amounts represented or are found to be kept, offered, or exposed for sale in violation of law, the commissioner may order them off sale and may mark or stamp them as "illegal." No person shall:

A. Sell, or keep, offer, or expose for sale any package or amount of commodity that has been ordered off sale as provided in this section unless and until the package or amount of commodity has been brought into full compliance with legal requirements; or

B. Dispose of any package or amount of commodity that has been ordered off sale and that has not been brought into compliance with legal requirements, in any manner except with the specific approval of the commissioner.
(Ord. 50077 1 (part), 1960: 1948 C. Ch. 72 13: 1960 C. 342.030.)

9.14.040 Stop use, stop removal, and removal orders.

The commissioner shall have the power to issue stop use orders, stop removal orders, and removal orders, with respect to weights and measures being, or susceptible of being, commercially used, and to issue stop removal orders and removal orders with respect to packages or amount of commodities kept, offered, or exposed for sale, sold, or in process of delivery, whenever in the course of his enforcement of the provisions of this title he deems it necessary or expedient to issue such orders. No person shall use, remove from the premises specified, or fail to remove from the premises specified, any weight, measure, or package or amount of commodity contrary to the terms of a stop use order, stop removal order, or removal order issued under the authority of this section.
(Ord. 50077 1 (part), 1960: 1948 C. Ch. 72 14: 1960 C. 342.040.)

9.14.050 Correct and incorrect apparatus--Seal--Seizures.

The commissioner shall approve for use and seal or mark with appropriate devices weights and measures he finds upon inspection and test to be "correct" as defined in Section 9.12.040, and shall reject and mark or tag as "rejected" such weights and measures as he finds, upon inspection or test, to be "incorrect" as defined in Section 9.12.040, but which in his best judgment are susceptible of satisfactory repair. The commissioner, by written rule or order, may issue exemptions from the sealing or marking requirements of this section with respect to weights and measures of character or size that sealing or marking would be inappropriate, impracticable, or damaging to the apparatus in question, and sealing or marking shall not then be required with respect to weights and measures as may thus be exempted therefrom. The commissioner shall condemn, and may seize and may destroy, weights and measures found to be incorrect that in his best judgment are not susceptible of satisfactory repair. Weights and measures that have been rejected may be confiscated and may be destroyed by the commissioner if not corrected as required by Section 9.14.100 or if used or disposed of contrary to the requirements of Section 9.14.100.
(Ord. 50077 1 (part), 1960: 1948 C. Ch. 72 15 (part): 1960 C. 342.050 (part).)

9.14.060 Incorrect apparatus--Hearing.

Immediately after the seizing or confiscation of any weights, measures, or other instruments used for weighing or measuring, or after the seizing or confiscation of any package, or packages, commodity, or amounts of commodities, found to be used, retained, or offered or exposed for sale or sold in violation of this title, the commissioner shall give the owner (of such scales, weights, measures, or other weighing devices, or of the package or commodity, or amounts of packages, or commodities found to be used, retained, or offered or exposed for sale or sold in violation of this title) or his agent or employee, at least ten days' written notice of the complaint or charge, and shall fix the date for the hearing on the complaint or charge upon which hearing the party summoned shall have the right to have counsel and produce witnesses in his behalf. For the purpose of the hearing, the commissioner of weights and measures is empowered to issue subpoenas and all necessary processes, administer oath, and take testimony at the hearing.
(Ord. 50077 1 (part), 1960: 1948 C. Ch. 72 15 (part): 1960 C. 342.050 (part).)

9.14.070 Incorrect apparatus--Destruction.

If the commissioner shall, after the hearing, decide that the scale, weight, measure, weighing or measuring device or package or commodity or other article so seized, was used or kept, in violation of any of the provisions of this title, he shall order the scale, weight, measure, weighing or measuring device or package, commodity or other article destroyed. If any such scale, weight, measure, weighing or measuring device, package, commodity or other article can be made to conform to the standards prescribed by the laws of the United States or of this state, the same shall be adjusted and sold at public auction and the proceeds shall be turned over by the commissioner to the city treasury.
(Ord. 50077 1 (part), 1960: 1948 C. Ch. 72 15 (part): 1960 C. 342.050 (part).)

9.14.080 Incorrect apparatus--Decision review.

The decision and action of the commissioner thereon shall be reviewable in a court of competent jurisdiction by a writ of certiorari filed by the defendant so affected, within ten days after the decision. And no weights, measures, commodities or other articles shall be destroyed or sold at public auction, as provided herein, until final adjudication on the hearing.
(Ord. 50077 1 (part), 1960: 1948 C. Ch. 72 15 (part): 1960 C. 342.050 (part).)

9.14.090 Commissioner's police powers.

With respect to the enforcement of this title and any other ordinances dealing with weights and measures that he is, or may be, empowered to enforce, the commissioner is vested with special police powers, and is authorized to arrest, without formal warrant, any violator of this title or any other ordinances, or when he has reasonable grounds to believe that a violation has occurred, and to seize for use as evidence, without formal warrant, incorrect or unsealed weights and measures or amounts or packages of commodity, found to be used, retained, offered or exposed for sale, or sold in violation of law. In the performance of his official duties, the commissioner is authorized to enter and go into or upon, without formal warrant, any structure or premises, and to stop any person whatsoever and to require him to proceed, with or without any vehicle of which he may be in charge, to some place which the commissioner may specify.
(Ord. 50077 1 (part), 1960: 1948 C. Ch. 72 16: 1960 C. 342.060.)

9.14.100 Duty of owners.

Weights and measures that have been rejected under the authority of the commissioner shall remain subject to the control of the rejecting authority until such time as suitable repair or disposition thereof has been made as required by this section. The owners of rejected weights and measures shall cause the same to be made correct within ten days or such longer period as may be authorized by the rejecting authority; or, in lieu of this, may dispose of the same, but only in a manner specifically authorized by the rejecting authority. Weights and measures that have been rejected shall not again be used commercially until they have been officially re-examined and found to be correct or until specific written permission for such use is issued by the rejecting authority.
(Ord. 50077 1 (part), 1960: 1948 C. Ch. 72 18: 1960 C. 342.070.)

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