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BULLET St. Louis City Revised Code Chapter 9.24 Weighers

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 9.24
Weighers

Sections:

9.24.010 Bond--Qualifications--Revocation.
9.24.020 Written statement--Ownership--Surety.
9.24.030 Written statement--Contents.
9.24.040 Acting as weigher at scales not named in bond.
9.24.050 Duty.
9.24.060 Blank weight certificates.
9.24.070 Breaches of bond.
9.24.080 Forfeiture of position.
9.24.090 Gross and tare weights and net weight of delivered commodity.
9.24.100 Compliance when weighing vehicles--Vehicle defined.

9.24.010 Bond--Qualifications--Revocation.

Any person appointed to do public weighing shall be of good moral character, and must have the ability to weigh accurately and to issue correct weight certificates in legible handwriting. Before entering upon their duties, weighers must file with the commissioner a surety bond in the amount of one thousand dollars conditioned for the faithful and honest performance of their duties. The bond shall be given for the benefit of the city, and anyone who may suffer loss by reason of a default in the condition of the bond. The commissioner shall have the right to revoke the appointment of a bonded weigher because of incompetency or unsuitability to discharge his duties.
(Ord. 50077 1 (part), 1960: 1948 C. Ch. 72 33 (part): 1960 C. 347.010 (part).)

9.24.020 Written statement--Ownership--Surety.

The scale operator or owner shall file with the city register a written statement, verified by his affidavit, giving the ownership of the scale, (whether individual, firm or corporation) together with the name of the surety on the weighers bond.
(Ord. 50077 1 (part), 1960: 1948 C. Ch. 72 33 (part): 1960 C. 347.010 (part).)

9.24.030 Written statement--Contents.

Before any person shall be sworn in by the city register to act as a bonded weigher the owner or operator of the scales shall file a statement with the city register, giving the name of the weigher appointed; the location of the scales covered by the bond of the weigher, which statement shall be approved by the commissioner.
(Ord. 50077 1 (part), 1960: 1948 C. Ch. 72 33 (part): 1960 C. 347.010 (part).)

9.24.040 Acting as weigher at scales not named in bond.

No person shall act as weigher and issue certificates of weighing at scales not named in his bond filed with the city.
(Ord. 50077 1 (part), 1960: 1948 C. Ch. 72 34: 1960 C. 347.020.)

9.24.050 Duty.

It shall be the duty of every weigher appointed under this chapter to attend to the office of the public, or private scales for which he is appointed, and to weigh every load of solid fuel, or any other commodity, which may be presented to be weighed and to give to the person presenting same a certificate of the gross, tare, and net weight thereof.
(Ord. 50077 1 (part), 1960: 1948 C. Ch. 72 35: 1960 C. 347.030.)

9.24.060 Blank weight certificates.

The comptroller shall furnish the commissioner certificates in blank, signed by the register and countersigned by the comptroller for the use of all bonded weighers at authorized scales, who have been or may be appointed with the approval of the commissioner, and who have filed a bond in the sum of one thousand dollars. The certificates so issued and furnished authorized scales shall be printed in quadruplicate, the original in green, the duplicate in white, the triplicate in pink and the quadruplicate in yellow, for all weights and loads of solid fuel, or other commodities weighed.

All the certificates and copies for solid fuel shall show the solid fuel permit number provided for in Chapter 8.84, and the origin of the solid fuel, (mine number), the time of the weighing thereof, and shall show the true gross, tare and net weights, and shall also state the name and address of the purchaser, the seller's name and address, and such other reasonable information as the commissioner may from time to time direct, and shall correctly describe the quality, kind, and size of the solid fuel, or the character of the commodity weighed. These certificates shall be signed and not stamped by the bonded weigher, who shall turn over the original and duplicate fully filled out to the driver or person in charge of the load, and the driver or person shall, on delivery of the load, deliver the original ticket to the purchaser or his agent, and return the duplicate properly signed by the purchaser or his agent, to the seller. The triplicate copy shall be retained by the weigher for his records and neither the triplicate or quadruplicate copy is to be reviewed by anyone who is not a public official, or the persons primarily interested in the commodity listed on the weight certificate. The quadruplicate copy shall be retained by the weigher, and at the end of each month shall be, unless otherwise ordered by the commissioner, returned or mailed to the commissioner of weights and measures. If any original or duplicate certificate signed by the bonded weigher shall be found in the possession of the driver or the person in charge of a load or delivered by such person to the purchaser, it shall be considered prima facie evidence that the certificate was issued and delivered by the bonded weigher. On the back of every original ticket shall be printed the words: "The weigher of this scale has filed a bond with the city register." The commissioner of weights and measures shall furnish the weighers at private scales certificates at the rate of ten dollars per hundred.

No certificates except those furnished by the commissioner shall be issued by any person weighing at a public or private scale. Each weigher shall furnish a separate set of certificates for each and every load weighed and only on the kind of blank provided by this section.

No weigher shall sell or dispose of any blank certificate received from the commissioner, except for loads actually weighed on his scales. The books kept by the weigher shall at all times be open to the inspection of the commissioner.
(Ord. 55928 1, 1971: prior Ord. 50077 36, 1960: 1948 C. Ch. 72 36: 1960 C. 347.040.)

McQuillin:

24.404 Weight, measure or delivery certificates

9.24.070 Breaches of bond.

In addition to the general fulfillment of the condition of a bond as required from city officers, the following, among others, shall be a breach of the official bond of a weigher of public or private scale:

A. If a scale and weights under control of any weigher shall be, at any time, so much out of order as to weigh forty or more pounds more than the standard weight or forty or more pounds less than the standard weight, it shall be his duty to so notify the commissioner in writing within twenty-four hours after the error is found to exist and cease weighing any loads thereon until the scale and weights have been properly repaired, and thereafter he must have the approval of the commissioner before putting such scale and weights into active service again.

B. If any weigher shall issue any certificate of weighing which shall show the gross or net weight of the load or commodity weighed to be sixty or more pounds more than the true gross or net weight of the commodity weighed, or sixty or more pounds less than the true gross or net weight of the commodity weighed, or the tare to be forty or more pounds less than the true tare, or forty or more pounds more than the true tare, or if any weigher shall fail to keep a book or books and enter therein daily, item by item, in legible handwriting, every load of solid fuel or other commodities weighed, designating its kind, the gross tare and net weight thereof, or keep the quadruplicate (pink) copy of the original weight certificate for his permanent record; or if he shall fail or refuse at any time to permit all the books or papers belonging to his office to be examined by the comptroller or any person lawfully appointed for such purpose, and to furnish them copies of abstracts of any part thereof, in every such case, among others, a breach of bond shall be deemed in law to be made.
(Ord. 50077 1 (part), 1960: 1948 C. Ch. 72 37: 1960 C. 347.050.)

9.24.080 Forfeiture of position.

Any weigher who shall be twice convicted before either of the city courts of a breach of his bond or other violation or failure to comply with this chapter, shall, by virtue of such conviction, cease to be a weigher from and after the day on which the conviction is had, and the clerk of the court shall at once notify the director of public safety of the fact.
(Ord. 50077 1 (part), 1960: 1948 C. Ch. 72 38: 1960 C. 347.060.)

9.24.090 Gross and tare weights and net weight of delivered commodity.

Any person who shall bring or send any vehicle containing a commodity to be sold or delivered in the city, shall before delivery of the commodity take the loaded vehicle to some bonded weighers scale and have the gross weight of the vehicle registered. After delivery of the commodity the empty vehicle shall be returned to the same scale and the tare weight of the vehicle taken and a bonded weighers certificate issued listing the gross and tare weight of the vehicle and the net weight of the delivered commodity.
(Ord. 50077 1 (part), 1960: 1948 C. Ch. 72 39: 1960 C. 347.070.)

McQuillin:

24.402 Public scales, weighing and measuring

9.24.100 Compliance when weighing vehicles--Vehicle defined.

No person shall weigh any vehicle, axle of any vehicle, or load from any vehicle for another person, firm or corporation for compensation without first complying with the provisions of Sections 9.24.010--9.24.060. Any person in violation of this section shall be guilty of a misdemeanor and upon conviction shall be fined not more than five hundred dollars or be imprisoned for not more than ninety days or by both fine and imprisonment.

The term "vehicle" as used in this section includes both vehicles with loads or without loads, and includes trucks, tractors, trailers, wagons or containers used in connection with any truck tractor or trailer.
(Ord. 55929 1, 1971: prior Ord. 51618 1, 1963: 1960 C. 347.080.)

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