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AN ORDINANCE AMENDING AN ORDINANCE RELATING TO WATER.

Be it ordained by the Court of Common Council of the City of Waterbury:

That section seven of said ordinance, shall be and hereby is, amended to read as follows: Section 7. No person shall use the water for sprinkling the streets, sidewalks or gardens except between the hours of five P. M. and nine A. M., and between the hours of one-thirty and two-thirty P. M., nor under any circumstances for more than two hours in any one day; and each person, paying for the use of water, must confine himself to his own premises and the street directly in front of the same. No hose shall be used for street sprinkling in Exchange Place, or on South Main Street, from Exchange Place to Union Street, or on Bank Street, from Exchange Place to the Naugatuck Railroad, or on Grand Street, from Bank Street to South Main Street, or on East Main Street, from Exchange Place to Spring Street, or on North Main Street, from Exchange Place to Abbott Avenue, or on the north side of Center Square, from North Main Street to Prospect Street, or on the south side of Center Square, from Exchange Place to Leavenworth Street. Every person wilfully violating this section shall forfeit and pay a penalty of not less than five dollars for each and every such offense, and the person or persons in whose employ such act was done, shall forfeit and pay a like penalty.

Adopted April 5, 1880.

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Be it ordained by the Board of Aldermen of the City of Waterbury:

I.

SECTION 1. There shall be appointed biennially by the Board of Aldermen of said city, a Sealer of Weights and Measures, who shall hold his office for two years from the first day of February, or until another shall be chosen and qualified in his stead, whose duty it shall be to compare all scales, weights and measures as hereinafter provided, with the United States Standard Weights and Measures belonging to the City of Waterbury. Said Board of Aldermen may appoint on the nomination of said sealer, to hold office until the completion of said sealer's term of office, such number of assistants as

may be necessary to carry out the provisions of this ordinance, and whose acts shall have equal authority with the acts of the Sealer of Weights and Measures when acting under the direction of said sealer.

SEC. 2. Any person who shall use scale, weight or measure of any kind, in buying or selling any article of merchandise that has not been inspected by the said Sealer of Weights and Measures, within one year, shall forfeit and pay a penalty of ten dollars, one-half of which shall be paid to the person or persons giving the necessary information for conviction under this section.

SEC. 3. All persons having scales, weights or measures of any kind which are to be used in buying and selling goods of merchandise, may carry the same to the place of business or office of the Sealer of Weights and Measures, who, having inspected and found them correct, or having made them correct, shall stamp them "C. W.," with the year; and if such scales, weights or measures cannot be made correct, they shall be stamped "Cond.," and shall not be again used in the process or sale of goods.

SEC. 4. Any person who shall use any scale, weight or measure of any kind that has been inspected and condemned, shall forfeit and pay a penalty of not less than twenty-five nor more than one hundred dollars, one-half of which shall be paid to the person or persons giving the necessary information for conviction under this section.

SEC. 5. The Sealer of Weights and Measures shall visit, from time to time as he shall deem necessary, all places in said city where scales, weights or measures of any kind are used in buying or selling any article of merchandise, and shall inspect such scales, weights or measures and stamp them at least once a year, as provided in section three.

SEC. 6. It shall be the duty of the Sealer of Weights and Measures, and it shall be lawful for him at any reasonable hour, to enter any store, house, or other building or place where weights or measures are used, or where he supposes they may be used for the purpose of buying or selling any

article, to inspect any scales, weights or measures contained therein, or to inspect the scales, weights or measures of any itinerant merchant or peddler of fruits, vegetables, clams, oysters or other articles of merchandise.

SEC. 7. It shall be the duty of the Sealer of Weights and Measures to inspect at any reasonable hour any scale, weight or measure when called upon by any person; provided, said person shall tender to said Sealer of Weights and Measures such a fee as the said sealer shall be entitled to on making the inspection. All persons, their agents or drivers, selling hay or coal shall, whenever requested by the purchaser of such hay or coal, give to him the weight of such hay or coal, and, if such purchaser request it, shall cause such hay or coal and the cart or wagon containing the same to be forthwith weighed by the Sealer of Weights and Measures on such scales as said sealer may select, and after delivering such hay or coal shall forthwith before taking another load return said cart or wagon to the same scales and cause it to be weighed thereon. Said sealer shall then give such purchaser a certificate of the weight of such hay or coal, and if the weight certified to by said sealer is not less than the weight previously given by such seller, agent or driver, said purchaser shall pay the fees of said sealer and weigher, and shall pay the driver twenty-five cents for the detention thus caused; but if the weight certified to by said sealer is less than the weight previously given by such seller, agent or driver, then all of said expenses shall be paid by the seller of such hay or coal.

SEC. 8. Any person preventing or hindering the Sealer of Weights and Measures from obtaining any article to be inspected, or obstructing him in the lawful exercise of his duties, and all persons, their agents, and drivers selling hay or coal, who shall neglect or refuse to comply with the request of the purchaser of such hay or coal to give such purchaser the weight of such hay or coal or who shall refuse to have the cart or wagon containing such hay or coal to be forthwith weighed by the Sealer of Weights and Measures on request, as provided for in section seven of this ordinance, shall forfeit and pay a penalty of not less than ten nor more than one

hundred dollars, one-half of which shall be paid to the person or persons giving the necessary information for conviction under this section.

SEC. 9. All measures of capacity shall be of a form or shape approved by the Sealer of Weights and Measures, and any person who shall use a measure the form or shape of which is condemned by him, shall forfeit and pay a penalty of not less than two nor more than ten dollars for each offense.

SEC. 10. The Sealer of Weights and Measures shall make a record of all acts performed by him, with dates and names of articles inspected and of the owners of such articles, with such other remarks as he may deem necessary, and shall make a written report of such acts to the Board of Aldermen every six months, which said report shall also contain a separate statement of the amount of fees received by him from each person and the names, business and places of business of all persons whose scales, weights, or measures have been found to be below the standard.

SEC. II. It shall be the duty of every policeman to assist the Sealer of Weights and Measures when required, and to report to him any violation of this ordinance within his knowledge, and the Sealer of Weights and Measures shall report the same to the Prosecuting Attorney for prosecution forthwith.

SEC. 12. The following list of fees shall be charged by the Sealer of Weights and Measures for his service at his office: For testing each set of weights or balance, fifteen cents; set of measures, gill to gallon, fifteen cents; set of measures, dry, fifteen cents; each yard stick, three cents; with an addition of twenty-five cents when inspected on the premises of the owner, and twenty-five cents for each hour when occupied in correcting any article; said fees to be paid by the persons whose articles are inspected, but no more than one fee shall be charged for inspecting the same article during the same year, unless such article is found to be below the standard, in which case the sealer shall be entitled to charge double the above fees.

Passed by Board of Aldermen November 29, 1897. Operative December 10, 1897.

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