Ord 1199 5/20/1935 ORDINANCE NO.
ALT ORIDINAIT4CE CI-TATIEIG THE OFFICE OF INSPECTOR 0117' WEI�`HTS AND MEASURES
IN THE CITY OF WICHITA FALLS: PRESCRIBINi':r HIS DUTIES; TIE STANDARD OF
VjEIC-HTS ATTD IM1ASURE6 FOR THE CITY &J"' 'XICHITA 1_�ALLS; R:__.Ar1JLATI_N13x THE TEST,;4
ING AND USE OF 'iVEIGHI1111), AND IVIEASURIIR�_'T' PROVIDTNG FOR THEE ISSUA13�,CE
0 1� T 2 1,�r
1" C_�ERTIIFICATES 01' ACCURACY JF _',11EI'_'HrPIE"X OR MEAKRINST DEVICES: PROHIBIT-
THE CTIVI!qG OF SHORT V,Eri(_�HTS 011� KLEASURES; REGULATINCr THE IVIAITTUFACTURE AND
SALEE' OF CERTAI-lq C0111-1111110DITIES WITH RESPECT TO WEDGHT, 1AASU RE AND NUT.1ERICAL C._)UNT;
CONTAINIINM� SILPECIFICATIONS A!'D TOLERANCE: D_,--,,=NING CERTAIN, TEEMS AND PROVID-
!"NgT PENALTIES FOR THJI� VTOLi�TITIL� Of" THIS ORDINANCE; PROVIDING FOR THEI.,ETHOD
ORDI:T,
OF PROSECUTING CORPORATIONS AND OTH11`�,RS FOR VILOL'ATIN"l-I THIS K11C E; C ON-
ITC
TAINING A SAVIN"rT' CLATTS:Li ; REPEALIJA TALL FORIdER ORDINA1-ICES I-K, C OTT.11PLICT HERE-
T IL, -7
VITH; �D EX_,11C T]T(TI T C PROVISIO1,'S TO T"L OBJECT AND
HE NECESSAR-
T
P-1JR11POSE OF THIS 01111DITIAiNTCL �.�v`H_P_Mh _R IIIENTIONLD I" DET2.1L IN THECAPTI01" OR NOT.
BE IT ORDATT17_ED 115y THE BOARD OF ALDERMIEN OF THE CITY OF
WICHITA FALLS:
Section One: There is. hereby created a Department of Weights
and measures of the City of Wichita Falls. Said Department shall be in charge
of and under the control of an ofLPicer to be known as the Sealer of Weights
and Measures of the City of -Nichita Falls, who shall be appointed by the Board
of Alderimen. That the said Sealer of wei-�hts and measures shall receive
such salary as the Board of Aldermen may provide, payable semi-monthly during
the period of his appoin1mient; provided, that the City may impose the duties
herein Drescribed upon such officers as they see fitu already in the employ
of the City. I
Section Two: DEPUTY SEALE-'RS. There shall be such Deputy
Sealers of Weights and Measures as the Board of Aldermen may appoint. and
receive such compensation as the Commissioners may provide, payable semi--month-
ly durinrr the period of appointment.
SECTION Three: SEALER TO PURC11ASE "JITEIGHTS AND 1,,,_TEASU1'-1ES
STA1,,TDARD OIE' VMIGHTS AND lliIEASURES; CUSTODIAN. That the Sealer of '�Veights and
Measures of the City of Wiclhita Falls shall procure, througrh the Purchasing
Agent, a complete set of accurate weights and ipeasures and shall cause the
same to be tried, proved, sealed and certified to by the official custodian
of wei.-,hts and measures of the State of Texas. Thereafter such wei-hts and
measures w1ex :2:kKtMxM:R Tkzvz shall be the standard of weic-hts and
measures for the City of Wichita Falls, and for all vendors therein. The
Standard of Weights and Measures adopted and used by the United States Govern-
CD
mentand by the State of Texas are hereby declared the only legal standard of
weights and measures within the lin-its of the City of Wichita Falls., and the
specifications and tolerances as reconLmended by the United States Government
and of the State of Texas for the various weighing and measuring devices, ex-
ce-pt liquid measuring devices, are hereby declared to be the specifications
and tolerances for -vveighinz, and measuring devices to be used within the
limits of the City of Wichita Falls; provided'. however, that in case the
standard of weiohts and measures and specifications and tolerances prescribe('
by the Ui)ited States Government and by the Stateof Texas., do not fully embr"
all the req:tairements of this Ordinance with reference to weights and mea-
sures., then in such even-" the Standard herein prescribed shall control, T'
u
Sealer of Vjei,,hts and Mleasures shall be the custodian of such standard se
_J,
weiShts and measures, and the same shall at all times conform to the sta7
of weig�its and measures established and prescribed by law.
-I-
Section Four: DUTY TO INSPECT; NEIGHTS, ETC. ; STAMP AND
ISSUE CERTIFICATES. It shall be the duty of said Sealer of Weights and
Measures., as soon after his appointment and qualification as possible, and
of him and his successors in office, not less than one time during each
and every year hereafter, and as much oftener as may in his judgment be nece-
ssary, to inspect and test the accuracy of all weights and measures, and
weighing and measuring devicesp used in weighing and measuring any article
or articles intended to be purchased or sold in said City; and to stampwith
a suitable and permanent seal upon which shall ap-pear the year when the in-
spector was made and the letters W,F. S,, mea*ing "Wichita Falls StandardY 11
all such weights, measures and weighing and measuring devices so used which
he may find to accurately oonform to the City Stwidard of weights and Pleasures
and deliver to the owner thereof a certificate of its or their accuracy, Such
weights, measures and weighing and measuring devices so sealed shall be des-
cribed in such certificate with sufficient particularity so that the same
may be identified and such certificate shall be signed by the Sealer of 'Neights
and lileasuresl, or by the Deputy Sealer of -�.Veights and Measurespby Whonthe
inspector is made.
Section Five: DUTIES OF SEALER* It shall be the duty of
the Sealer of Weights and Measures to devote his entire time to the duties of
his office; to visit from time to time as may be necessary all places in said
City where weightspcales or measures of any kind or character are used, and to
inspect all weights and measures of any character found therein, and for said
purpose it shall be lawful for the Sealer of �'Veights and Measures, or any
Deputy Sealer of Iffeights and Measures, and he is so empowered to enter at any
reasonable hour any place, premise,, storehouse or other building where any
such weight,, wcale or measure is used, or where he believes the same is being
used; and the Sealer of Weights and Measures is charged with the ftforcement
of ai 1 laws and ordinances relating or pertaining to wei�
,_�, ts and measures or
sales thereby or therewith, and such other and further duties as may be
placed on himby ordinance of the City of 'Wichita Falls.
Section Six: DUTIES AND 7101TER OF DEPUTY SEALER: Where any
duty is placed upon the Sealer of 1'ieights and Measures of the City of 'did-lita
Falls under this or any other ordinance of the City of Wichita Falls, the sa-me
may be performed by any qualified Deputy Sealer or Weights and Pleasures, and
he and they are granted the powers of police officers and are authorized to
make arrests with or without warrants., where a regular police officer would be
authorized to do,
Section Seven: REHISTER TO BE KEPT AND CONTENTS: It shall
be the duty of said Sealer of 1N`V`eig4ts and Pleasures to make a register of all
weights, measures, scale beams, patent balances, steelyards and all other
instruments used for weighing or measuring, inspected and sealed by him# in
which he shall state the names of the owners of same and their addresses, and
whether they are conformable to the standards of the City of Widh� ita Falls*
Section Eig
,ht: REPORTS TO BOARD OIF ALDERMEN: The Sealer
of Weights and Measures shall keep all records which he is required to keep
by virtue of the laws of this Stat-e. and make reports in relation thereto to
the Board of Aldermen as may be requested, and said Sealer shall make all
further additional records and reports as may be recp-ired of himby the
Board of Aldermen*
Section Nine: FALSE WEIGHTS AND MEASURES. Any person who,
by himself, or by his employee or agent, or as the employe or agent of an-
other shall offer or expose for sale, sell, use or retain in his possession
any false weij- its or measures, or weighing or measuring devicesin the buying
or selling of any conmodity or thing or in calculating or measuring, serviceo
or in the determination of weight or measure when a charae is made for such
determination., or who shall dispose of eny condenned scales, weiE#ts, measures
or weighing or measuring devices contrary to law; &r who shall sell or cffer
or expose for sale less than the quantity he represents of any commodity..
thinS or service, or shall take or attempt to take more than the quantity
he represents of any commodity, thing or service., when, as the buyer or weigh-
er of any commodity, he furnishes the weight, measure, or weighing or measur-
ing device by means of which the amount of any comi,iodity, thing, or service
is determined; or who shall sell or offer for sale, or use, or have in his
possession for the purpose of selling, or hsing, any device of instrument to
be used to or calculated to falsify any weight or measure; shall be guilty
of a misdemeanor, and shall be punished by a fine of not less than 010,00 or
-2-
more than �100*00 upon the first conviction; and upon a second or sub-
sequent conviction he shall be punished by a fine of no". less than �25.00
or more than 0200.00.
Section Ten: SAIE OF COMIODITIES BY WEIGHT OR MEASURE:
It shall be unlawful for any person by himself or by his employee or agent,
or as the employee or ar�-ent of another, to sell, offer or expose for sale
any commodity in bulk or in package form in quantities of less weiSht, mea-
sure or numerical count tkxJm than that represented by such person to the
Durchaser of said comodity. All weights shall be the net weight, and shall
not include the weight of package, container or wrapping in which the com-
modity is placed. '1he offense defined in this section shall be a misdea-
meanor and shall be punishable as hereinafter provided in this ordinance*
Section Eleven: SEALER SHALL NOT 1TEND DEVICES It shall
be unlawful for the Sealer of Weights and Measures or for the Deputy Sealers
of Weishts and Measures to vend any weights, measures scales saale beams
-oatent balances steelyards, automatic or computing scales, or other instru-
ments to be used for the purpose of weighing or measuring, or to offer or ex-
pose the same for sale, or be interested, directly or indirectly, in the sale
of same in the City of Wichita Falls, or to recommend to any person within
said City the purchase of any particular kind of weiohing or measuring device
or the purchase from any particular person of any of the aforesaid articles.
Section Twelve: POWER OF SEALER A14D DEPUTIES: The Sealer
of I.Tveights and Measures or any of the Deputy Sealers of Weights and ideasures
shall have the pwwer to arrest without warrant any x1ami violator of this
Ordinance., and to seize without warrant, for evidence, any false or incorrect
weighing or measuring device and any weighing or measuring device that has
been in any way xttwy tanpered with or altered in any way after having been
sealed by the S-ealer of Weights and lileasures, or any Deputy Sealer of Weights
cw�
and Measures, fuund in the possession of any person.
Section Thirteen: DUTY TO INSPECT UPON COMPUINT: That is
shall be the duty of the Sealer of lVeights and Measures of the City of
Wichita _DP'alls., in addition to the test hereinbefore -orovided, to test upon
the request of any person Or persons any scale,, scale beam, steelyard, weight
or measure used or kept for the purpose of buying or selling any commodity or
for any other commercial use within theCity of Wichita Falls*
Section Fourteen: WEIGHT INDICATION IN VIEW OF CUSTOM]ER.
All ecales used in retail establishments must be so placed that the weight
indication is in pla-'-n view of and easily readable by both the buyer and the
seller. In all other cases where in the opinion of the Sealer, conditions
may warrant, scales shall also, be so placed. I:fi shall be unlawful to place
any signs, posiers,merchandise or any other article or thing in such a posi-
tion, on or near the scale, that it will obstract the view of either the
buyer or seller, or in any way inter.:`ere with the use of said device.
Section Fifteen: UIPONT RESIGNATION', ETC . .. ST.UTDARD BEAMS,
ETC. .V TO SE i&LIVEREqD TO BOARD OF ALDERMEN: Whenever the Sealer of 111eights
and Measures shall resi-n be removed from office or remove fron the City
(.w) P .9
it shall be his duty to del.' ver to the Board of Aldermen all fhb abandard
beams, wei--hts and measures in his possession, and all records, files and
U,
other equipment kept and maintained by #in.
Section Sixteen: BREAD: It shall be unlawful for any
person by himself or by his employee or aIndent, or as the employee or agent
of another, to manufacture for sale., sell., offer or expose for sale any
bread otherwise than by the followin�� units of weight: One (1) pount net,
one and one-half 11-_I.J pounds net, or multiples, of one (1) pount net.
The Weight specified in this Section whall mean net wei��-ht not more
than 24 hours after bakin�-; . All bread offered or exposed for sale or in the
process of delivery in the City of WicIdta Falls shall for the purpose of
this Section,, be deemed prima facie to have been baked within 24 hours, un-
less such bread is marked, designated or segregated as "stale bread".
The variation and tolerance allowed in the weight of bread shall not
exceed one (1) onnee per pound, over or under, on each individual loaf, with-
in said 24 hour period; and the variation and tolerance allowed on 10 loaves
of bread, made by the same manufacturer when weiThed collectively.. shall not
exceed one-fourth ounce per pound in deficiency*
The weight set out in this Section shall not apply to crackers,
pretzels, biscuits buns., rolls., or loaves of fancy bread weighing less
than one-fourth pound avoirdupois,
Any person violating any of the provisions of this Section of this
Ordinance, shall be deemed guilty ofa misdeassnor, and shall be fined not less
than 1�i')25.00 nor more than 8200*00,
Section Seventeen: BUTTER: It shall be unlawful for any
person., by himself or by his employee or aent or as the em—clovee or agent
of another, to manufacture for sale, sell, offer or expose for s�le any but-
ter or renovated or process butter of oleomargarine, otherwise than in the
follin units of weight: One-quarter pound not, one-half ( 1 ) pound net
2
MUlt4pl
one M pound net., one and one-half ( 1-211 pounds net, or - es of one (1�
pound net weiEht. Each print., brick., roll., crock., tu.b or container of but-
ter shall bear in a conspicuous position a plain statement of its net weight
with the name of the manufacturer thereof u.pon the wrapper of each print.,
brick, or roll., or u-oon the crock., tub or conta4ner, Any person violating
L
any of the terms of �his Section of this Ordinance shall be deemed gu-ilty of
a nisdexmanor and shall be punished as hereinafter provided in this Ordinance.
Section Eighteen: MILK It shall be unlawful for any person
by himself or by his employee or agent, or as the employee or agent of .
another, to sell milk or cream in bottles other than of the followin8 size:
Bottles used for the sale of milk or cream shall be of the capacity of stan-
dards Cor the sale of milk in this City and their capacity shall Ice in the
following divisions of the standard gallon of 231 cubic inches., to-urit:
the one-half (-1) gallon, the quart, the pint and the one-half �-L) pint
2 2 , an d
the gill. Any perwon violating any of the terms of this Section of this
Ordinance shall be punished as hereinafter provided in this Ordinance.
� 0,
Section 4-,,: NET CONTAINER: No person shall sell., offer
or expose for sale any commodity in packac�es or containers unless the quanti-
ty of the contents of said packa�-,-e or container be plainly and conspicuously
marked on the outside of said package or container,, by giving the weight,
measure or numerical count thereof; and said weight., measure or nunerical
count shall not include the weio;ht of the packaf-e or container; provided
howeverP that the terms of this Section of- this Ordinance shall not apply
to drugs.
Statements of weight shall "_)e in terns of avoirdupois, puunds and
ounces; statements of liqu-id measure shall be in terms of the United States
Gallon of 231 cubic inches and its customary subdivisions and multiples.,
to-wit: gallon, quart, pint or fluld ounce, . Statements of dry measure shall
be in terms of the United States Bushel of 2 Jq 150.42 cubic inches and its
customary subdivisions or multiples, towit: bushel., half bushel., peck, quar�;
pint or half-pint. The quantify of solids shall be stated in terms of weight
and of liquids in terms of measures. The quantities of viscous or semi-solid
foods or of mixtures of solids and liquids may be stated either by weight
or measure, but the statements shall be definit-e$ and shall indicate whether
4 U-he quantities expressed are in terms of weiSht or of measure as for example:
(1) weight, 12 ounces; (2) 12 ounces, avotidupois; (3) volume 12 ounces;
or (4) 12 fluid ounces. The quantities of the contents may be stated in
terms of minimum weirht., minim-mv mcasure or minirr-ur, numerical count for
example: (1) minimum weiSht, 16 ounces; (2) minimum volume., one (1� gal-
lon; or (3) not less than four (4) ounces; but in such case the stateluent
must approximate the actual quantify and there shall be no tolerance below
the stated minimun.
The following., tolerances and variations from the quantities for the con-
tents marked on the packages shall be allowed, except where such tackage or
containe7�s are marked with the minimum weight., minimum measure or minimum
numerical count., as provided for in the preceding paragraph of this section.
Discrepancies in weight or measure due exclusively to the differencesin
atir-osphericaDndition in various places and which unavoidably result from the
ordinary exposure of the packa,"-es to evaporation or to absorption of water;
and the reasonableness of such discrepancies will be d"etermined by the
facts in each case.
A container or package as used in this Section of this Ordinance shall
include any carton, box., crate,, barrel, half barrel, hamper, keg, drum, jug
jar, crock, bottle, bag, basket, pptil, car... wrap.per, parcel, pr package.
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The following packages or containers shall be deemed to be "small" and
shall be exempt from marking in terms of weight, measure or numerical
count : (1) packa'ce or container containing one t1) ounce avoirdupois., or
less ; (2) a package or container containing one (1) fluid ounce, or less;
and (3) a package or container containin,-, the numerical count of six (6)
or less.
Whoever violates any of the provisions or terms of this Section of
this Ordinance shall be guilty of a misdemeanor, and shall be punishable
<D
as hereinafter provided in this Ordinance.
Section BRICK CHILI* It shall be unlawful for
qny person by himself or his employee or agent, or as the employee or a,,7.-,ent
of anotherl to manufacture for sale, sell, offer, or expose or have in Ris
possession for sale any "Chili" otherwise than in the following units of
weights : One quarter pound net one-half (-!) pound net one (1)
$ 2 S
L,ound net, one and one-half (1,17) pounds net, or the multiples of one ( 1)
pound net. Each brick., print, or roll must be wrapped, with the name and
addr-ss of the man�_facturer, and the true net weight on the outside of the
wrapper in a plain conspicuous position,
The variation and tolerance in the wei�ht of "Chili" allowed under
this ordinance shall not exceed one-fourth of an ounce per pound in
deficiency on the individ#al brick., print or roll.
4ny person violating the terms of this Section of this Ordinance shall
be deemed guilty of a misdemeanor, and shall be punished ws hereinafter
provided in this Ordinance.
Section -Twen��: MET11OD OF SALE OF MEAT,, CHEEL�ISE AND
OT11-T-R COMIODITIES. It shall be unlawful for any person, by himself or his
employee oragent.. or as the employee or agent of another, to sell., offer.,
or expose for sale in the City of Wichita Falls any cheese., meat or meat
food products otherwise than by standard net weight,, at time of sale or deli-
very. For the purpose of this section the following shall be known as
meat and meat food products: all fresh., cured or salt meats., fish, sr-usage,
chili., head cheese., sous meat, loaf meat, boneless meat., shredded meat,
hamburger meat, or any other manufactured or processed meat or meat food
products.
Any person violating any of the terms of this Section of this Ordi-
nance shall be deemed guilty of a misdemeanor and shall be punished as
hereinafter provided in this Ordinance.
Section METHOD OF SALE OF POULTRY. It
shall be unlawful for any person, by himself or his employee or agent
or as the employee or �xgent of another to sell, offer or expose for sale, any
poultry in the City Of I'lichita r"alls., other than by standard net weight at
the time of sale. This section shall be construed to require that all pou-
ltry sold bylive weight must be weighed alive at time of sale,, and any
poultry dressed or killed prior to tir-.-e of sale must be sold by net weic�,.t
at time of sale not by live weight.
Any person violating any of theterms of this Section of this Ordi-
nance shall be deemed Guilty of a misdemeanor., and. shall be punished as
hereinafter provided in this Ordinance.
Section TweRty Pe:u� SALE' NOT FOR IMMEDIATE CONSUMPTION:
It shall be unlawful to sell,, except for immediate consumption.. on the
premises., liquid., conriaodities in any other manner than by weight, or liquid
measure., or conmodities not liquid in any other manner than by measure of
length, by weight, or by numerical count, pr6vided, however, that nothin8
in this Section shall be construed to prevent the sale of fruits, vegetables
and other dry commodities in the standard barrel, or of berries and small
fruits in boxes as provided for by State Law, or of vegetables or fruits
usually sold by the head or bunch in this manner.
For the purposes of this Section the term "commodities not liquid"
shall be construed to include goods, wares and merchandise, which are not
in liquid form., and which have heretofore been sold by measure of length
by weight, by measure of capacity, or by numerical count, orwhich are
suTeptible of sale in any of these ways.
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Section Twen-t7-five.- SALE BY NET MIGHT. Whenever any
commodity is sold on a basis of weight, it shall be unlawful to employ any
other weight in such sale than the net weight of the commodity; and all
contracts concerninr, goods sold on a basis of weight shall be understood
and construed accordingly. V,henever the weieht of a commodity is menti-
oned in this Ordinance, it shall be understood and construed to mean the
net weiGht of the commodity.
Section T-we� RIGID FOUNDATION. It shall be unlaw-
ful for any person to use, or retain in his possession for �,,_se, any
weighing or measuring device unless the installation of same is on a
C3 C�
suitable and rigid foundation or support.
Section Wenty-Sev-en: 1AVOOD It shall be unlawful for any
person by himself or his employee or agent., or as the employee or agent
of another, to sell, offer or expose for sale any wood other than by the
followinE measurement: All wood shall be sold by the cord, or fraction
WJereof. In all contracts for the sale of wood the term "Cord" shall mean
128 cubic feet of wood, or to contents of a space eight (8) feet long, four
(4) feet wide., and four (4) feet high.
Wheever violates any provision of this Section of this Ordinance shall
be guilty of a nisdemeanor, and shall be punishable as hereinafter provided
in this Ordinance*
Section Twent7--eright: SAND, GRAVEL, CRUSBIED STONE, ETC .
It shall be unlawful for any person by himself or his employee or a7ent or
as the en.ployee or al�,)ent of another to sel�, offer or expose for sale sand.,
gravel, crushed stone or an similar commodity, other than by the follow-
ing specifications: One (lT cubic yard; one and three-quarters (1 3/4)
cubic yards; two (2) cubic yards; and three (3) cubic yards; except that
where any of the above commodities are sold by written contracts, the terms
of this paragraph or this Ordinance shall not apply.
All vehicles equipped with truck boxes or wagon boxes for the purpose
of haA�ing sand, gravel,, crushed stone or my similar commodity shall have
the capacity of the box plainly and conspicuously marked on the outside of
the box in cubic feet or eubic yards in figures not less than two and one-
half (2-1) inches in height, and one and one-half (1�1�) inches in width.
2
No person delivering sand, gravel, crushed stone or any similar com-
modity shall deliver or cause to be delivered any quantity of said commodity
without tendering and deliverinE aticket and a duplicate ticket thereof to
the person., finn or corporation towhom said delivery is made at the time of
making such delivery, and on each of said delivery tickets and duplicates
thereof shall be marked in ink or other indelible substance the number of
cubic feet or cubic yards of said commodity delivered, together with the nam4
of the dealer from whom purchased* One of said delivery tickets shall
be delivered to the purchaser specified thereon or his agent, and
the other said delivery ticket shall be retained by the seller.
Whoever violates any provision of this Section of this Ordinance
shall be guilty of a misdemeanor, and shall be punishable as hereinafter
provided in this Ordinance*
Section T-wenty-rA-ne: GASOLINE, LIQUIDS IN GENERAL, The
following specifications and tolerances for liquid measuring devices shall
hereafter be in force in the City of Wichita,_ftlls:
SPECIFICATIONS
No* 1: DEFINITION* A mechanically operated liquid measuring device,
hereinafter referred to as a liquid measuring device., is a mechanism or
machine adapted to measure and deliver liquid by volume. These specific-
ations shall be construed to apply only to liquid measuring devices of
the retail type; that is, devices which on account of the character of
their primary indicating elements are obviously designed for unit deliveries
of less than fifty (50) gallons; provided, that these specifications shall
not be construed to apply to water meters of any size, or grease measuring
devices.
No, 2: PERMANENCE, All liquid measuring devices shall be of such design,
C,
construction and materials that they my reasonably be expected to with-
stand ordinary usage without impairment of the accuracy of their measure-
ment or the correct functioning of their operating or indicating parts,
No. 3: PLUMB AND LEVEL CONDITIONS. All liquid measuring devices shall
be so designed and constructed that they will be in normal operating posit-
ion when they are level* All liquid measuring devices shall be installed
plumb and level., and their installation shall be of such strength and
rigidity as to maintain this conditions
No* 4: MEANTS TO DETEFJ,�IINE LEVEL. Liquid measuring devides, the indication
or deliveries of which are changed by an amount greater than one-half the
tolerances allowed., when set in any position on a surface making an angle
of five (5) per cent., or approximately three (3) degrees with the horizontal.,
shall be equipped with suitable means by which the level can be determined
and established., such as a two way or a circular level, a plumb bob.,
leveling lugs, etc.
No* 5: UNITS OF DELIVERY. Liquid measuring devices shall have the
following discharge capacities per stroke or per cycle of the primary
indicating elements, as these only: One gallon; a mutliple of the gallon;
or a binary subm. ltiple of the gallon; that is the quantity obtained by
dividing the gallon by the number two, or a power of the number two; provid-
ed,, however, that a device may be constructed to deliver other amounts
than the above., corresponding to predetermined money value at a definite
price per gallon, but in such cases either the device shall be so construct-
ed that the price per gallon at which it is set at any time will be
clearly indicated to the customer by automatic means., or this price shall
be shown by means of a sign conspicuously displayed on the device,
Not 6: DEVICE TO INDICATE '4'HEN SYSTEM IS PROPERLY FILLED. All liquid
measuring devices other than those of the visible type shall be equipped
with a device which will clearlv and distincly indicate whether or not the
system is properly filled befor; a delivery is begun* This specification
shall be construed to prohibit a check valve in the discharge line in such
a position that the partial emptying of the system would not be disclosed,
but not to prohibit a manually operated valve in the standpipe, Said
device shall not be used unless device is full at time of use or delivery
Is coi�,imenced*
No* 7: INDICATION OF D n. IVERY REWIRED, All liquid measuring devices
shall be so designed and constructed that t'he intial zero conditions and
the amount delivered shall be clearly and definitely indicated by automatic
means, and the indication of any delivery shall take place only when the
full discharge has in fact occurred; provided, however, that the requirement
that the full discharge shall have been completed before registration
shall not apply to the dribble flow caused by the displacement of a piston
to its initial position, w1aen a clear statement conspicuous to the
customer and adjacent to the indicating means is placed on -the liquid
measurin7 device to the effect that the full amount cannot be delivered
until the piston or the pointer or indicator has been returned to its
initial position*
No* 8: SENSITIVENESS, All liquid measuring devices shall be so desiSned
and constructed that they can readily be operated to deliver each quantity
for which a graduation stop, overflow pipe, or other indicating means is
CD
provided, within the tolerance on such amount hereinafter provided.
This specification shall be construed to require that In
the case of all devices which have a graduated scale or dial or similar
indicating means which at some point or points, or at all points., constitutes
the sole or most sensitive means of determing the amount of- liquid dis-
charged, the length of such scale or dial equivalent to the tolerance at
any graduation must be readily appreciable when the character of the
indication element and its noMal distance from any position in reference
to the observerts eye are taken into consideration. � The gross inside
cross-sectional area of the measuring chamber shall in no case be less
than 75 square inches nor more than 118 square inches and, if cylindrical,
the inside diameter of the meas-aring chamber shall in no case be less than
9*75 inches nor -more than 12.25 inches.
No. 9: CONSTA7NCY OF, DELIVERY. The amounts delivered by any liquid measuring
device shall not vary from the standard by more than the tolerance herein-
after provided:, (1) irrespective of the speed at which the detice is
operated; and (2) irrespective of the time elapsing between operations
-7-
subject to the conditions of the special elapsed time test described below.
k special elapsed time test shall be made to determine whether the device
is satisfactory in respect to condition (2) above* In order to comply
with this test the condition of the device shall be such that a period of
non-use of one hour shall not result in an error on the first delivery of
the device after such period of non use greater than the appropriate
tolerance allowable on the smallest amount which the device is designed to
deliver., this tolerance being sd-ected according to whether the device is
or is not a new device; and a period of non use of 6 hours shall not result
In an error on the first deliv-ery of the device after such period of non
use greater than ten (10) cubic inches, or in the case of a new device
five (5) cubic inches*
No. 10: INDICATING AND REGISTERING PARTS* Counters and graduated scales
and dials used on liquid measuring devices to tally sales and deliveries
to individual purchasers., or to indicate the amount delivered when any
portion of the cycle or stroke has been completed shall be of such size
and style and shall be so located and disposed that they are clearly
visible to and readable by the customer from any position which he may
reasonably be expected to assume. The graduations shall be of such
character and arrangement that the major ones are more prominent than
and are clearly distinguishable from the minor ones, In- all types of
liquid measuring devices which have a graduated scale which at some point
or points or at all points constitute the sole or most sensitive means of
determining the amount of liquid discharged, the width of the graduation
marks shall not exceed 0*04 inch*
No* 11: POINTERS AND INDICATORSo All pointers and indicators which When
used in conjunction with a graduated scale or dial indicate the amount of
liquid discharged or t;he money value of the delivery at a predetermined
price per unit of volume shall be so shaped that a correct and accurate
reading is given* Pointers and indicators are required to be symmetrical
about the c_,-raduation lines at which they may stando provided however
that in the case of pointers and indicators used in connection with straight
scales having non-parallel graduation lines and in respect to the non-
horizontal lines on such scales., this requirement shall be waived if the
pointers and indicators are so desim
,, ed and constructed that., as the
pointer or indicator approaches the correct indicating position in respect
to any graduation line only such portion of such graduation line as has
not yet been reached by the index of the pointer or indicator by a hor-
izonta; line extended forward from the end thereof shall be exposed to view
and all other portions of such graduation line adjacent to the index of the*
pointer or indicator shall be automatically obscured* Pointers and
indicators, which., when used in conjunction with a graduated scale or
dial, constitute at some point or points, or at all points the sole or
most sensitive means of determining the amount of liquid discharged, or
the money value of the delivery at a predetermined price per unit of volumes,
shall reach to the finest graduation marks, and the width of the pointer
or indicator, or of the end thereor, shall not be greater than the width
of such marks*
No. 12: PARALLAX. All liquid measuring devices in which the accuracy of
the readings of any indicating mechanism is affected by parallax shall be
so designed and constructed as to reduce a minimum the errors due to this
cause& This specification shall be construed to require that in case of
all devices which are equipped with a glass measuring chamber., and in which
the quantities delivered are determined by bringing the liquid surface
into coincidence with indicators, pointers or graduations which at some
point or points or at all points constitute the sole or most sensitive
means of determing the amount of liquid discharged, such pointers., indicators
or graduations shall be located inside the glass measuring chamber, and
not more than 1-16th inch from the surface thereof*
No. 13: GRADUATED SCALES TO BE SECURED* When a liquid measuring device
is provided with a graduated scale or dial, this shall be riveted to its
supports or otherwise permanently fixed in position; provided, however
that in the case of liquid measuring devices of the gauge glass type,, a*
sliding scale will be permitted when the displacement of such scale is by
suitable means automatically prevented at allt imes when liquid is being
discharged fro--,-,i the delivery outlet*
No* 14: NUI�MERITTG OF GRADUATIONS. Figures defining the value of graduations
shall be uniformly placed in reference to the graduation marks, and shall
be as close thereto as practicable, but shall not be so placed as to
interfere with the accuracy of readingo Such figures shall be in regular
sequence, as 0-1-2-3 -4-5 in the 5 gallon visible pump, and 0-1-2-3-4-5-6-7
_81-
8-9-10 in the 10 gallon visible pump, and all numerals and graduations
shall read from the top of glass container down to full caDacity line or
numeral which is to be not less than 3/4 inch above the boltom of the
glass measurinS chamber to be in plain view of the operator and customer*
Noo 15: CAPACITY OF MEASURING DEVICESo Liquid measuring devices of the
visible type shall be of a five (5) gallon capacity, or some multiple
thereof*
No* 16: SCAIES IN OPPOSITE DIRECTIONS PROHIBITED* The use on a liquid
measuring device of two graduated scales reading in opposite directions and
referable to the same indicating means shall not be permitted.
No. 17: LETT BRING AND GRADUATIONS* All markings, instructions, figures
and gra duations required under these specifications shall be of such size,
design material and location and shall be so applied or affixed that
they will not'. tend easily to become obliterated or illegible, and must
be symmetrical and uniform&
Noo 13: RETURN OF INDICATING ELEIJENT TO ZERO. All liquid measuring
devices shall be so designed and constnacted that the indicating element
used in tallying deliveries to individual purchasers is returnable readil y
to a definite and clear zero reading before the next delivery is begun*
All visible type pumps shall be equipped with a stationary over-flow
pipe so that liquid will automatically come to zero position when measuring
chamber is filled., and said chamber shall be filled to zero position before
each individual delivery is begun*
No. 19: STOPS TO BE POSITIVE* When the stops or other stroke limiting
devices on a liquid measuring device are subject to direct pressure, or
impact in the operation of the device., such stops shall be of such const-
ruction that the permanence and security of this positions is provided for
by a poitive, non-frictional engagement of the parts whose relative motions
are to be prevented. Such stops shall be so designed and constr`Ucted that
adjustment within the prescribed tolerances can be made*
No. 20: STOP MECHANISM TO BE DEFINITELY POSITIONED* All liquid measuring
devices designed to deliver two or more different predetermined amounts
by bringing into operation different stops or other means of defining the
delivery shall be so designed and constructed that the position for the
proper setting of each stop is definitely and accurately defined., inadvertent
displacement from this position is obstructed, and the delivery for which
the device is set at any time is clearly and conspicuously indicated.
No* 21: PROVISION FOR SEALING, All devices adapted to be altered for
adjusting or correcting the delivery of a liquid measuring device, or for
changing the maximum delivery rate of a meter when this change tends to
affect the accuracy of the deliveries, shall be of such construction that
they can be sealed.. either separately or together, in such a manner that
the position of none of them can be changed without destroying the seal
or seals; provided, however, that this shall not apply to such devices as
alter the deliveries to conform to different prices per gallon on such a
liquid measuring device as is described in the proviso of specification
No* 5e
No* 22: USE OF ADJTJST;'v!ENTS* No adjustment of the delivery of a defined
stoke liquid measuring device shall be permitted except that intended to
produce a piston displacement per cycle of 231 cubic inches per indicated
gallon of delivery. Adjustments of piston displacement to correct for
leaks, slippage, excessive length of pipe line, or other defects of the
installation shall not be permitted*
No* 23: ASbURANCE OF COMPLETE DELIVERY* All liquid measuring devices
shall be so designed and constructed as to furnish assurance that all
measured liquid which is apparently being delivered from that delivery
outlet which is being employed in any particular operation of the liquid
measuring device is actually being delivered as long as there is any liquid
passing through the delivery outlet. This specification is to be construed
to require that all valves in the supply line intended to prevent the
reversal offlow of the liquid shall be of such design and construction
that their closure is automatically effected in the use of the device.,
and that no device shall be used which has more than one delivery outlet*
It is further to be construed that there shall. be no means provided by
which any of the measured liquid can be diverted from the measuring chamber
-9-
of the discharge line to the supply tank or elsewhere during the period
that liquid is flowing from the delivery outlete In the case of liquid
measuring devices of the visible type, they shall all be so constructed that
the measuring chamber is filled from a point at lease one-half (1) inch
above the level of the over-flow pipe., and there shall be no means., by which
liquid can be drawn from the measuring chanber
outlet. except through the delivery
No* 2 4: AUXILIARY VISIBLE INDICATING DEVICES* Whenever a liquid measur-
ing device of the visible type is so designed and constructed that measured
liquid continues to pass through the discharge valve for an appreciable
time (3 seconds or more) after the liquid has disappeared from sight in
the glass measuring chamber., then the device shall be equipped with an
auxiliary visible indicating deviceJ, adjacent to the discharge valve, and
so constructed that it will indicate when any portion of the measured liquid
has not been discharged through such valve at the time of closing thereof;
provided, however, that in the case of any nominal delivery which is such
that it does not cause the liquid to disappear from the chamber., the time
interval mentioned above shall be measured from the time that the liquid
apparently ceases to fall in such chamber. Such auxiliary visible indicat-
ing device shall be so designed and constructed and so located and disposed
that its indications is conspicuous and that during the operation of the
liquid measuring device it is clearly visible to and readable by the
customer, Whenever an auxiliary visible indicating device designed to
indicate drainall of liquid or completeness of delivery shall be employed.,
whether or not/ required by the terms of this specification, it shall comply
with all the above requirements*
No* 25: TIME ALL01,7M FOR CO11JPLETION OF DELIVERY* All liquid measuring
devices shall be so designed and constructed., or so calibrated, that they
will deliver into the discharge line on the delivery side of the discharge
valve., within the tolerances hereinafter provided., any nominal quantity which
they are designed to deliver, within a period of 10 seconds after the main
flow of liquid has ceased* The main flow shall be construed to cease.,
in the case of a device of the piston type, at the completion of the
upward stroke of the piston, and in the case of a device of the visible
type, at the time of the disappearance of the liquid in the glass measuring
chamber; provided., however, that in the case of any nominal delivery
which is such that it does not cause the liquid to disappear from the
chamber, the time that the liquid apparently ceases to fall in such chamber
shall be used in lieu of the time of the disappearance of the liquid*
And provided., further., that in the case of any liquid measuring device
equipped with an a uxiliary visible indicating device such as is described
in specification No* 24, any conspicuous change of indication in this device,
such as a sudden drop in the level of the liquido occuring after the major
potion of the delivery has been completed, shall be used in lieu of either
of the indications mentioned above* All tests and calibrations shall be
made on the basis outlined above., that is, the delivery valve shall be
closed, or the operation of the liquid measuring device otherwise dis-
continued at the termination of the period of time mentioned above., and the
amount which shall then have been delivered shall be taken as the full
delivery of the device for the nominal Q-nantity being deliveredo
No. 26: VALVES IN DISCH,JiGE LIXE# No liquid measuring device shall be
equipped with a discharge valve at the eXtrenity of the hose or elsewhere
in the hose line unless the device is so desIgned and constructed either that
J
it must be operated with the hose full of liquid at all times., or that
the fact that the hose is drained will automatically become an immediately
obvious one to anyone observing the operation. of th'e' device. In case the
discharge valve is so positioned there shall be no other valve in any
portion of the discharge line leading to this outlet. This specification
is not to be construed as allowing a discharge valve in the hose in the case
of devices in which, without the fact being obvious to the observer, the
hose or any part thereof can be drained of liquid after the actual
mechanical operation of the nechanisr, of the liquid measuring device is
discontinued., in anyway except as follows (1) By means of the mechanically
operated valve, or (2) by delivering from the measuring device more than
the full measuring capacity thereof durinE the actual meckAgnical operation
of the mechanism thereof�,
101,
No. 27: DRAINAGE OF DISCHARGE LINE. All liquid measuring devices shall
be so constructed and installed that they will provide for the complete
and rapid drainage, to a definite and uniform level, of the liquid con-
tained in the hose or outlet pipe., and will not permit a siphoning or a
continuous trickle of liquid from the discharge outlet after the operation
of the mechanism is discontinued, This specification will be construed
to require that if hose is used its inlet end shall be at lease five (5)
feet above the normal level upon which the receiving vehicle or vessel
stands, and. the liquid measuring device shall be qquipped with an automatic
vanum breaker, or equivalent means, to insure the complete and rapid
drainage of the hose, that is required by the above* The hose shall be
properly reinforced and shall be of such 1 ength and stiffness that no
movable portion thereof will be readily disposed in such a way as to tend
to retain liquid after the operation of the devise is completed; provided,
however, that this specification shall not be construed to apply to devices
whicht under the terms of specification No* 26, may be equipped with a
shut-off valve or cock., and are to be operated with the hose full of
liquid at all times* No hose longer than twelve (12) feet shall be used
on any type of device*
No* 28': USE LIMITED TO CERTAIN LIQUIDS* Liquid measuring device which
will not give correct results except when used with liquids having partic-
ular properties, as for example, high viscosity, shall be conspicuously,
clearly and permanently marked to indicate this limitation. Such wording
may take the form 0 "Not suitable for gasoline or liF�ht oils"., "Use only for
molasses or heavy oils".. or "For viscuous liquids only%
No* 29: AIR RELEASE UNIT., VAPOR OR AIR IN SUPPLY LINE. Any installation
of a defined stroke, piston type, liquid measuring device shall be such
that the total suction head will not be sufficient to cause vaporization of
the liquid for which the device is used under the highest temperature
and lowest barometric pressure likely to occur* Any installation of a
meter type liquid measuring device shall include an effective automatic
air release unit as close as practicable to the measuring element.
No* 30: MT1, 1TTING CHARTS. When liquid measurinS devices are equipped with
money value computing charts, these shall be made in accordance with
one of the following principles: (a) If the device is so designed and
constructed that it purports to compute for one or for a series of unit
prices the total price for every delivery within the range of the
device, then the device shall be equipped with a value pointer or indicator
and value graduation marks; and the value graduation marks shall be correct-
ly. placed and in any position which the indicator or pointer,, and the
chart may assume there shall be exposed to view a sufficient number of
value figures and graduation to permit the value indications of the device
to be read correctly. The value graduations shall not exceed one cent at
all prices per gallon up to and including thirty (33 cents. At any
higher price per gallon the value graduations shall not exceed two (2)
cents; provided, however, that nothing in the above shall be construed
to prevent the placing of a special graduation to represent each five
(5) cent interva 1. These special graduations may take the form of dots,
staggered graduations, or similar forms, and they shall be so placed
that their meaning and value may be clearly understood, but they shall
not be placed in the space between the regular graduation.
(b) If the devide is so designed and constructed that
it purports automatically to compute only for deliveries corresponding
to a definite series of quantity graduation, then one of the following
alternatives shall be complied with: (1) There shall be a value
computation for each quantity graduation throughout the range of the
device; or (2) no value indications may be exposed to view excep at such
times that the device registers a quantity indication for which a
correct value indication is provided; or (3) each value graduation or
each column or row of such graduations shall be clearly and conspicuously
marked with the quantity graduation to which the value corresponds,
the device shall be marked with the character and limitation s of the
computations made* All money values corresponding to definite quantity
graduations must be mathematically correct except as follows.- If the
mathematically correct amount includes a fractional part of a cent, the
fraction shall be dropped if it is less than one-hall".. but if the fraction
is one-half or more, the next higher cent may be showno
No. 31: FRATTDULFjNT COKSTRUCTION PROHIBITED* All liquid measuring devices,,
and all devices designed to be attached thereto and used in connection
lie
therewith shall be of such design and construction that ,they do not
facilitate the perpetration offraude
Vo* 32: METRIC SYSTEM.* No specifications contained in the preceding
pages shall be understood or construed to prohibit the sale or use of
liquid measuring devices constructed or graduated in units of the metric
system* The tolerances to be allowed on any liquid measuring device
constructed or graduated in units of the metric system shall be the same
as those specified on similar apparatus of any equivalent sizes or at
any equivalent capacity in the customary system*
No* 33: METHOD OF OPERATION* A liquid measuring device shall be operated
in accordance with the method of which is obviously indicated by its
construction or which is indicated by the manufacturer through the medium
of instructions contained on the device itself; but if the device is
operated in any other manners then the cormercial use of the said device
shall be prohibited and it shall be subject to condemnation*
TOLERANCES
Except in special tests described aboveo the tolerances to
be allowed in excess or deficiency on all liquid measuring devices shall
be the values shown in the following tables.- Provided howevero that the
manufacturr's tolerances or the tolerances on all new iiquid measuring
devices shall be one-half of the values given; and provided furthers
that these latter tolerances shall also be applied to all devices which
are being retested after having been found incorrect and subsequently
adjusted or repaired*
Delivery Gallons Tolerance Cubic Inches
1/2 or less 2
3
2 4
3 - - - - - - - - - - - - - - - - - - - - - - - 5
4 6
5 - - - - - - - - - - - - - - - - - - - - - - - 7
6 - - - - - - - - - - - - - - - - - - - - - - -
10
10 12
For deliveries of over 10 ga llons add 1 cubic inch per
indicated gallono
SECTION The word "person" as used in this Ordinance shall
be construed to inpart the plural and singular as the case demands., and
shall include corporationso companies, societies and associations* The
words "weighing or measuring devices" as used in this Ordinance shall
be construed to include all weiShts, scalesp beams$, measures of every
kind'. instruments and mechanical devices for weiShing or measuring and
any appliances and accessories connected with any or all such instruments.*
Ir s rued
..I--e words 11sell" and "sale" as used in this Ordinance shall be con t
to include barter and exchanges
NALTY. Any person,
SECTION T.1fl-RTY-M: GMITERAL PROVISION FIXING PE
firm or corporations or the servants employeesp managerss officerst
receivers or trustees of such, violating any of the provisions of this
Ordinance, shall be guilty of a misdemeanor, and upon conviction thereofp
when a s eparate penalty is not otherwise p�ovided herein for such
violations shall be fined in any sum. not less than $10.00 nor more than
�2000001
SECTION T1f1RTY--1TLF_RBE! Every Section of this Ordinance and every provision
of each section is hereby declared to be an individual section or provisions
and the holding of any Section or provision of any Section to be voids
ineffective or unconstitutional for any ca use whatsoever shall not be
deemed to affect any other Section or provision thereof,
SECTION All Ordinances or parts of Ordinances in conflict
kerewith shall be and are hereby repealed.
SECTION THJ-R'TY_F1--VY-. This Ordinance shall be cumulative of all laws of
the State of Texas*
10-
SECTIOH Th!HTY SIX: The fact that there are no other adequate ordinances prohibiting
the giving of short WiChts and measures and reEulatinS the testing and use of weiChing
and measuring dpvides ih"j'he City of Tichita Fallsp it is apparent for the immediate
preservation of or Or -go-o'd'g,9meriufient and-public. aajjty�_that a necessity exists
for the rule requiring that th-pyvision of this ordinance take fill PorcNand
effectat -once;Wnd an emergency is her.0by declared to existpby reason whereof this
ordinance shall take full force and efV6 �&Q_n and after its passage as made and
provided by the Charter of the G
of Jichita Falls.
Passed and approved this Mh day of .&prW.-A. D. 1935.
Meyor-
ATTEST:
———--_d