Section 20-571
§ 20-571 Fees. All fees for permits issued by the department shall be
paid to the department.
Section 20-572
§ 20-572 Transfers of permits or licenses. Written approval of the
commissioner shall be required for the transfer or assignment of any
permit or license under his or her jurisdiction.
Section 20-573
§ 20-573 Adjustment of controversies. The commissioner of ports and
trade may adjust and settle any claims and controversies in regard to
rents and other matters which appertain to leases of market lands.
Section 20-574
§ 20-574 Rules and regulations. a. The commissioner shall have power
to adopt and amend such rules and regulations as may be necessary to
carry out his or her powers and duties pursuant to this chapter.
b. Punishment. Any person who shall violate any such rules and
regulations shall be liable to forfeit and pay a civil penalty in the
sum of not more than one hundred dollars for each violation.
c. Violations. Any person who shall violate any of such rules and
regulations shall be guilty of an offense triable by a judge of the New
York city criminal court, and punishable by a fine of not less than
twenty-five dollars and not more than two hundred fifty dollars for each
offense or by imprisonment not exceeding ten days, or by both.
Section 20-575
§ 20-575 Waterfront property adjoining market lands; highways through
or bounding market places. Nothing contained in this chapter shall
interfere with the jurisdiction of the department of ports and trade
over any waterfront property in and around any market lands, nor with
the jurisdiction of the commissioner of transportation over market
lands, insofar as it concerns his or her powers over highways.
Section 20-576
§ 20-576 City sealer. The commissioner, or such officer or employee in
the department as he or she may designate, shall have all of the powers
and perform all of the duties of a sealer of weights and measures
pursuant to section one hundred eighty of the agriculture and markets
law.
Section 20-577
§ 20-577 Inspectors of markets, weights and measures. a. The
commissioner shall have power and it shall be his or her duty to appoint
a chief inspector of markets, weights and measures and inspectors of
markets, weights and measures. The title of inspectors of live poultry
and weighmasters shall be abolished and all persons occupying those
titles shall henceforth have the title of inspector of markets, weights
and measures, with all the powers and duties of that title. Wherever any
reference to the title or duties of inspector of live poultry or
weighmaster appears in this code, the title or duties of inspector of
markets, weights and measures shall be substituted therefor.
b. Each inspector is hereby authorized and empowered, subject to the
regulations of the department, to enforce any law, rule or regulation
pertaining to the weights and dimensions of vehicles and to proceed
under the provisions of article one hundred fifty of the criminal
procedure law, in the same manner and with like force and effect as a
police officer in respect to procuring, countersigning and serving the
appearance tickets referred to therein in cases arising out of the
enforcement of any such law, rule or regulation.
Section 20-578
§ 20-578 Bureau of weights and measures. There shall be a bureau of
weights and measures in the department under the supervision of the
chief inspector of weights and measures.
Section 20-579
§ 20-579 Employees not to engage in business. It shall be unlawful for
the commissioner or any officer or employee of such bureau, to engage in
the business of manufacturing, vending or selling any weighing or
measuring device, under the penalty of fifty dollars for each offense.
Section 20-580
§ 20-580 Return of department property. Whenever any inspector shall
resign or be removed from office, he or she shall deliver at the office
of the commissioner all the standard weights and measures and other
official property in his or her possession.
Section 20-581
§ 20-581 Inspecting. a. Each inspector of markets, weights and
measures is hereby authorized to inspect, examine, test and seal at
least once in each year, and as often as the commissioner may deem
proper, all weighing and measuring devices. Upon the written request of
any resident of the city, the commissioner shall test or cause to be
tested, within a reasonable time after the receipt of such request, the
weighing or measuring devices used in buying or selling by the person
making such request. All such appliances shall be marked by the
inspector with the initials of his or her name and the date on which the
same shall be sealed and marked.
b. Such books shall be open for inspection at all reasonable times to
any police officer, inspector or person duly authorized by the
commissioner, or by any judge of the criminal court of the city of New
York.
Section 20-582
§ 20-582 Reports of inspectors. Each inspector shall report promptly
to the commissioner the names of all persons whose weighing and
measuring devices shall be found to be incorrect. Each inspector shall
file a daily report with the commissioner, and make such other and
further reports and keep such further records as may be required, from
time to time, by the commissioner.
Section 20-583
§ 20-583 Certificate of inspection. Each inspector shall furnish a
certificate to the owner of the weights or measures inspected, and shall
keep a record of each certificate given on a corresponding stub. The
certificates and corresponding stubs shall be numbered consecutively.
The books containing the stubs, after the corresponding certificates
have been given out, shall be a public record. The commissioner, when
required, shall certify extracts from such records.
Section 20-584
§ 20-584 Testing, sealing and marking. It shall be unlawful to use any
weighing or measuring device unless the same shall have been tested,
sealed and marked by the commissioner or an inspector of such bureau.
Section 20-585
§ 20-585 Standard measures and containers. It shall be unlawful to
manufacture, construct, sell, offer for sale, or give away, any dry or
liquid measure, or any barrel, pail, basket, vessel, or container,
intended to be used in the purchase or sale of any commodity or article
of merchandise, unless it shall be so constructed as to conform to the
standards provided by article sixteen of the agriculture and markets
law. It shall be unlawful for any person to use any barrel, cask, pail,
basket, vessel or container, in the purchase or sale of any commodity or
article of merchandise, unless it shall conform to such standards.
Section 20-586
§ 20-586 Sale of weights and measures. It shall be unlawful to sell,
offer for sale, or give away any weighing or measuring devices or the
tools, appliances or accessories connected therewith, intended to be
used for the purchase or sale of any commodity or article of
merchandise, or for public weighing, unless the type or types of such
weighing or measuring devices, or the tools, appliances or accessories
connected therewith, with specifications as to construction, shall have
been submitted to and approved by the commissioner. The commissioner,
when such types are approved, shall designate and identify them by a
serial number. A record of the serial numbers and the persons to whom
such numbers are assigned shall be kept in the office of the
commissioner. The commissioner shall keep a register of the name of each
person whose weighing or measuring devices have been inspected, together
with their serial numbers and size, and whether approved or condemned,
with the date of inspection. Such record shall be a public record.
Section 20-587
§ 20-587 Sale by true weight or measure required. It shall be unlawful
to sell or offer for sale any commodity or article of merchandise, at or
for a greater weight or measure than the true weight or measure thereof;
for the purposes of this section the true weight of frozen poultry,
shall be the net weight thereof exclusive of any food product or
substance added or combined therewith; and all such commodities and
articles of merchandise shall be weighed or measured by duly tested
devices, sealed and marked by the commissioner or an inspector of the
bureau; provided, that vegetables may be sold by the head or bunch.
Section 20-588
§ 20-588 Confiscation of false weights or measures. Any weight which
upon being tested is found to be short a quarter of an ounce or more; or
any scale of a capacity greater than four hundred pounds, which upon
being tested, is found to be short in weight by a quarter of a pound or
more; or any scale of a capacity of between two hundred forty and four
hundred pounds, which upon being tested is found to be short two ounces
or more; or any scale of a capacity greater than four hundred pounds,
which upon being tested, is found to be short five ounces or more; or
any scale which is in an unfit condition to be used by being worn out,
badly rusted, or by any other cause; or any measure or utensil being
used in the sale or purchase of any commodity or article of merchandise,
which does not conform to the standards provided by article sixteen of
the agriculture and markets law, may be summarily confiscated and
destroyed by the commissioner or an inspector of the bureau.
Section 20-589
§ 20-589 Alteration of tested appliances. It shall be unlawful to
render inaccurate, any device, to be used in weighing or measuring any
commodity or article of merchandise, after such device has been tested,
sealed and marked by the commissioner or an inspector of the bureau.
Section 20-590
§ 20-590 Repair of inaccurate appliances. Within five days after the
condemnation of a weighing or measuring device, the owner thereof, at
his or her own expense, shall cause the same to be conformed to the
standards established by article sixteen of the agriculture and markets
law, and within twenty-four hours thereof, shall cause notice, in
writing, of such alteration to be mailed or served personally upon such
bureau. The seal upon any such device shall remain affixed and unbroken
unless removed pursuant to section one hundred eighty-three of the
agriculture and markets law.
Section 20-591
§ 20-591 Interference with inspectors. It shall be unlawful for any
person to obstruct, hinder or molest the commissioner or any inspector
of the bureau in the performance of his or her duties.
Section 20-592
§ 20-592 Violations; report of. The commissioner shall report
forthwith to the corporation counsel the names and places of business of
all persons violating the provisions of this chapter, and of all persons
making use of any fraudulent or unsealed weighing or measuring devices.
Section 20-593
§ 20-593 Punishment. Any person who shall violate any of the foregoing
provisions for the regulation of weights and measures shall forfeit and
pay a penalty of one hundred dollars for each and every such offense.
Section 20-594
§ 20-594 Violations. Any person violating any of the provisions of
sections 20-583 through 20-593 of this chapter, shall be guilty of an
offense triable by a judge of the New York city criminal court, and upon
conviction thereof, shall be fined the sum of not less than twenty-five
dollars and not more than two hundred fifty dollars for each offense, or
by imprisonment not exceeding ten days, or by both.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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