Ord 202-37 ORDINANCE NO.~_
~d~ ORDI~NCE OF THE CITY OF DELR~.Y BE,~.CH IN
P~ ~ ,~: BE~CH
COU~Y£Y, FLORID~, PROVIDING POLICE REGUL~TIONS ~(EL~TIVE TO WEIGI~TS
AND ~:,~E~YSU'HEb; PROVIDI~ TH~-T IT SHALL BE UNL~d;~FUL FOR A~~ PERSON,
FIP2~ OR CORPORaTIOi~ TO MISREPRm~,sNT THE ~A:EIGHT OR MEASUREMENT OF
~NY ~,U~NTITY. OF ~JY ~RTICLE$, GOODS,
CHaNDISE SOLD O~ DELIVERgD OR OFFmRED FOR Y)ELIV~]~iY 0t~ OFFERED FOR
SaLE OR DISPL~YED ?~:IT~tIN S~.ID CITY; RE~:UIRING EV~Y
FIRM OR CORPORATION ENG~GED IN Till S~LE OF THE
OFf~d~ED FOR S~LE IN P~,aom~ ~'~-~
~ C~-,Ua~ E~.CH SUC}i Pao~G~ TO ~:~ DIS-
~ TINCTLY~ ~ELLED '~ .... ~
~EZ~ ~;;~IGHT OR [,'~EaOU~iE~%ENT T[iEREOF; M~I[~G IT UNLa~FUL TO SELL OR
~o~r~R FO}~ SALE ~P~Y FIRE~'~OOD, ~¥~CK, S~ND, OR ~-,oC~, I~.~ ~NY OTHE~
~a~.~ Ti~N CUBICAL ME~SUREb ~ND PROVIDIi~G~'-~G~L~'~ 'q~IoN~ .... FOR
T~iE S~LE THE~tEOF;~U~HORI~uING,~' '~ ' EMPO'dENING ~ND DIP, ECTiNG
~SEaL~f[. OF ~/~EIGHTS (CHIEF OF POLICE) TO SEIZE FO~ USE ~,S EVIDEi~,~CE
.... ~a~blS~ OFFERED FOP{ S~LE OR DI~PL~YED iN VIOLATION O? T~IS
0?,OIN~NCE; DEFINING TH~. TER?.S USED IN T~iIS ORDINANCE; FIXI[,~G
PEN~LTIES FOf~ ~Hm ViOL~TION OF S~ID OR~I~L~NC~; F,~m~.LINu aLL
BE IT ~'{ND if IS HEREBY ORDAINED by tae City Council of the
~zt~ of Delray Beach in ~Palm Beac~ County, Florida :
SECTION 1. It saatl be unlawful for any person, firm or
;orporation to misrepresent the weight or measurement of the
uantity of any article, goods, wares, commodities or merchandise
olc~ or delivered or offered for sale or displayed within the
'.ity of Delray Beach in Palm Beach County, Florida.
SECTION 2. ~very person, firm or corporation engaged in
!1 the sale of any article, goods, wares, co~mmodities or merchandise
Iwhen sold or offered for sale in packages within said City shall
. cause each such package to be distinctly labelled showing the
'! contents of said pack=ge and the exact weigher or measurement
thereof and it shall be ~llawful for any person, firm or corpora-
tion to sell or offer for sale or misplay for the purpose of sale{
or for the inspection thereof by prospective customers, any such
!! package unless the same snail have distinctly written, stamped
i or printed thereon the exact ~'eight or measurement of the content~
. thereof.
!! SECTION 3. It shall be unlawful to sell or offer to sell
!! any wooa, muck, sand or rock in any manner other than bv cubical
measurement or to deliver any wood, muck, sana or rock without
eac~ i~dividua! delivery being accompanied by a duplicate deliver-
ticket on wi~ic~ sha_!'[ be distinctly and indelibly written, stampe
or printed the net cmbical measurement by yards, cords or otl~er
i~ cubical measurement of such wood, muck, sand or rock t'ita the nam~
ii of the purchaser or purchasers thereof and the name of the per-
son, firm or corporation from whom the same was purchased. One
iiof said duplicate delivery tickets shall be surrendered to the
Chief of Police, u~on ~is memand, for his inspection aad use and
one of said muplicate delivery tickets shall be del' a
zv~rea to the
purchaser or ~is ageut, servant, employee or representative, of
such firewood, muck, sa~d or rock at the time of tae delivery
thereof. /~ It s~a'[1 be unlawful to offer for sale any firev, ood
.unless the same is ranked and well stored.
~C~IO~ 4. The Sealer of ifeights and ~easures (Chief of
Police) is hereby authorized, empowered and directed to seize, for
use as evidence, without warrant, any package, article, goods,
wares, commodities or merchanaise offered for sale or displayed
in violation of this Ordinance, said property to be returned to
the owner, however, after being used as evidence.
~CTION 5. The word "package" as used in this Ordinance
shall be construed to inciude any ~rticle, goods, wares, co~m~o.ait
or merchandise in any carton, case, can~ box, crate, barrel,
bag, sack, wrapping, bottle, paial or any other receptacle or
~ "of ['er for
covering of any kind whatsoever. The terms "sell",
s~xle" or "display" shall be applied to both wholesale and retail
businesses. 'Ene term "ton" shall be construed to mean a u~it
of SOO0 2o~a~d£ avoirmupois weight. The words "person, firm or
cor~:orat~ ~ shall be construed to include any principal,
ployer, servant, ager~t or e~p±oye~ but in eac~ .~na every event
the principal or emgioyer shall be liable for ti~e acts of l~is
servants, agents or em;;loyees and both ti~e principal or employer
and his servsnt, agent or employee may be convicted of th.~ same
offense. The term "cord" as used herein shall be construed to
mean a pile eight feet by four feet by four feet equiv~'~ient to
i£S cubic feet.
SECTIO~ 6. ~ny person, firm or corporation vMlating
the terms of this Ordinance or any section: or part thereof sna~l,
upon co~tviction thereof, be fined an amount not exceecling Five
Hundred Dollars (~.500.00) or i~[risoned i~. ti'~e City Jail or at
itard labor on ti~e streets or other public v:orks of said City for
a term of not more than sizty (60) days or by bot~ such fine
and imprisonment. Upon the second and subsequent conviction of
such person, firm or corport, tion, whether ~:rincipal, employer,
servant, agent or emgloyee, the i.,f'umicipai Court may, in its
discretion, re.::uir~, order or direct the Chief of Police of ssid
City to close and padlock the place of business at or in which
such violation occurred for a period not to exceed thirty (50)
days for each such second and subse~uent offense.
SECTION 7. In the event any section, paragraph, sentence,
clause or portion of this Ordinance shall for any reason be held
to be unconstitutional, invalid or ineffective, the same shall
not repeal, nullify or' in anyv~ise affect any other section,
paragrap.., sentence, clause or portion of this Ordinance and said
~ity cf Delray Neacn ~oes nereb}~ ~eclare that it ~o~ld have enact ~d
each separate section, paragra~n, sentence, clause and portion of
this Ordinance irrespective of any other section, paragraph,
sentence, clause and portion of this Ordinance.
~=CTI~ 8. ~1t Ordinances and parts of Orainances in
conflict with this Ordinence, s~a!l be anm the same are hereby
repealed.
SECTION 9. 'Zhis Ordinance shall become effective ucon
its passage in accordance with the la~,:'s of the State of
~ £orl~a
ana Or~iinances of the City of Delray Beach in Palm Neach County,
g].orida, in force an~.~ effect.
!i First reading the ~ day of November, 1937.
Second and final reading and passage this the
day of ~~~ 1937.
President of the Council.
~pproved:
~ayor.
Attested:
-4- City Clerk.