Chapter 2.32 Joint Department of Weights and Measures
 

Section 2.32.010 Duration

This agreement is for an initial term of three years from its effective date and shall be automatically renewed for additional, successive terms of three years each, unless either party gives the other party notice of the notifying party's intention to terminate this agreement, which notice shall be served on the party to be notified no later than one year before the expiration of the then current term of this agreement. (Prior code 32.70) 

2.32.020 Purpose-Creation-Powers and duties

This agreement is for the purpose of creating, financing, staffing, and supplying a joint department relating to weights and measures and establishing and maintaining a budget therefor, as follows:

A. Creation of Department

There is created a joint department known as the department of weights and measures (the department).

B. Duties

The department shall be responsible for the routine inspection of all weighing and measuring devices in the county, including those devices located within the city. The department shall carry out such further duties as are imposed by the statutes of this state and the ordinances of the county and the city, and all duties incidental thereto necessary to accomplish the purposes of this agreement. (Prior code 32.71).

2.32.030 Organization

A. Staff

The department of weights and measures consists of a chief inspector and one or more deputy inspectors and such other employees as may be authorized by the county and the city from time to time. The parties agree that the county shall recognize prior longevity of all city employees who become county employees as of the effective date of this agreement.

B. Supervision

The employees of the department shall report to the board of commissioners of the county in connection with the performance of such employee's duties under this agreement.

C. Legal Defense

The county shall provide legal services and legal defense or appropriate liability insurance to the department and its employees. The county shall provide legal defense for the department and its employees acting within the scope of their employment and authority and for the city of Evansville to the extent that municipality is named as a party defendant in any litigation by virtue of its participation in this joint department pursuant to this agreement. The city and county agree to share the amount of any judgment rendered against the department or its authorized employees in proportion to their respective percentage contributions to the financing of the budget of the department. (Prior code 32.72)

2.32.040 Financing

The department of weights and measures is financed as follows:

A. The county shall contribute fifty-five (55) percent of the budget of the department

B. The city shall contribute forty-five (45) percent of the budget of the department

C. The county council and the city council shall establish a joint budget committee of such councils for the purpose of formulating and proposing to such councils an annual budget of the department.

D. Promptly upon receipt of appropriately documented claim forms from the county on a quarterly basis, the city shall reimburse the county for the city's share of the cost of operation of the department. In accordance with the approved budget, during the immediately preceding quarter.

E. The auditor of the county shall recognize and pay vouchers only according to the procedures set out for the county in paying vouchers, and only according to the department's budget of this department or an amendment thereto.

F. The budget of this department shall be submitted to both the common council of the city and county council for their respective approval. The city and county councils, or a committee of said councils, may meet in concert or separately for the consideration of the annual budget of this department or an amendment thereto.

The city and county councils shall jointly determine staffing, supplying, and budgetary procedure for the department upon the advice and recommendation of the managing entity. (Prior 32.73).

2.32.050 Property ownership, use, and disposition upon termination

Property of the department of weights and measures shall be accounted for, used, and disposed of as follows:

A. A current inventory of property assigned to and used by the department is attached to this agreement as Exhibit "A" and adopted by reference herein.

B. All property presently assigned to and used by the department as well as all property which may be transferred by either party to the department hereafter, shall be cost accounted, and the transferring party shall retain title to all property heretofore or hereafter transferred by it to the department.

C. The department may use and possess all property transferred to it by the parties, and the department is responsible for the proper maintenance of such property out of budgeted funds, unless either party assumes such maintenance.

D. Upon termination of this agreement, the party who has transferred property to the department shall have such property returned to such party in as good condition as when transferred to the department, normal wear and tear excepted.

E. In the event any property is purchased during the term of this agreement through the use of funds jointly appropriated to the department by the parties, such property is deemed to be owned jointly by the parties in the respective percentages that the parties contributed to the department's approved budget in effect at the time of the purchase. With respect to any such jointly purchased property, in the event of termination of this agreement, the parties shall, by appropriate means, distribute such property on the basis of the appropriate percentage of contribution discussed above, and the value of such property will be its fair market value as determined below.

"Appropriate means" for such distribution include, but are not limited to, one party buying the interest of the other party in such jointly purchased property, or the sale of such property, either in total or in part, at public or private sale. Unless a different procedure is agreed to by the parties in arriving at fair market value, all jointly purchased property to be transferred upon the termination of this agreement must be first appraised by three disinterested appraisers appointed by the superior or circuit court in Vanderburgh County to determine its fair market value, the procedure for such appraisal following the procedure as established by the county for the sale of surplus property. (Prior code 32.74)

2.32.060 Notices.

A. Any notice, request, approval, consent, acceptance, claim, direction, or other communication required or permitted to be given under this agreement must be in writing and is deemed sufficiently given if delivered in person, transmitted by telegraph (charges prepaid), or dispatched in the United States mails (first class postage prepaid), addressed as follows:

If to County:

Vanderburgh County, Board of Commissioners

305 City-County Administration Building

Evansville, Indiana 47708

If to City:

City of Evansville, Mayor

302 City-County Administration Building

Evansville, Indiana 47708

B. Either party may change the person or address specified in this section upon the giving of notice to the other party of such change in the manner provided in this section. (Prior code 32.75)

2.32.070 Amendments

No amendment, modification, termination, or waiver of any provision of this agreement, nor consent to the departure by either party therefrom in any event is effective unless same is in writing and signed by the parties, then such waiver and consent is effective only in the specific instance and specific purpose for which given. (Prior code 32.76)

2.32.080 Statutory authority

This agreement contained in this chapter is entered into in accordance with IC36-1-7, and the agreement must be construed so as to comply with that statute (prior code 32.77)

2.32.090 County inspector

A. The "county inspector" shall be the person or persons duly authorized to inspect weighing and measuring instruments in the county.

B. The county inspector is a deputy inspector under the direction of the State Administration of Weights and Measures. The county inspector shall take charge of, and safely keep the county standards. The county inspector shall have the power to inspect, test, try and ascertain the accuracy of all instruments, tools, appliances or accessories connected with any or all instruments used or employed within the county by any proprietor, agent, lessee or employee in determining the size, quantity, extent or measurement of quantities, things, produce and articles for distribution or consumption offered or submitted by such person or persons for sale, hire or award. The county inspector shall, as often as he/she deems necessary, or as required by law, see that the instruments and apparatus used in the county comply with the state law and regulations.

C. The county inspector shall have such other duties, powers, and authority as granted by this code, the State Administrator of Weights and Measures, and the laws of the state of Indiana. (Ord. Dated 1/10/94 (part)) 

2.32.100 Rules and Regulations

A. Mobile Instruments

1. An "instrument" shall be any scale, weight, beam, measure or weighing or measuring device of every kind, or instrument or parts
thereof subject to regulation by the Division of Weights and Measures of the State Department of Health.

2. If an instrument is mobile or otherwise operated at more than one location and is not made available to be inspected by the county inspector at a permanent business location during regular business hours of the county, the county inspector shall have the authority to order the owner or operator to present the instrument for inspection by the county inspector at a time and location designated by the county inspector.

3. It shall be a violation of this chapter for any person to fail to comply with the orders of the county inspector as provided in subsection A of this section.

4. If any person fails to present an instrument for inspection, the county inspector may issue a citation, condemn the instrument or otherwise render the instrument inoperable by utilizing the same procedures he/she would use if the instrument were found to be false or fraudulent, or utilize any other procedure or remedy available by law or granted in this county code.

B. Instrument Repair and installation

1. Any person engaged in the business of repairing or installing instruments shall have all equipment inspected and certified by the Division of Weights and Measures before engaging in said business. All such equipment shall conform to the requirements of the National Institute of Standards and Technology. All volumetric test measures shall be inspected and recertified at least one (1) time each year. All weights are required to be recertified once every two (2) years. A copy of any such certification shall be filed with the county inspector.

2. Any person engaged in the business of repairing or installing instruments shall have a current knowledge of the state rules and regulations concerning tolerances and standards for instruments and install or repair all instruments so that said instruments comply with state rules and regulations.

3. All owners or operators of instruments shall inform the county inspector than an instrument has been installed and provide the county inspector with the location of said instrument prior to that instrument being placed into service.

C. Numbering of Instruments

Any person who owns or operates more than one instrument of a particular type at a business location shall serially number each instrument in such a manner that each instrument may be readily distinguished from all other such instruments of that type present at that location.

D. Compliance with State Standards Required

No person engaged in the business of selling, buying, exchanging goods or commodities by weight, measurement or volume shall use an instrument in his business operations for such purpose if such instrument does not meet the standards established by the State of Indiana or the Division of Weights and Measures of the State Department of Health.

E. Security Seals

1. When a weighing or measuring device is security sealed by a county inspector, such security seal shall not be cut, severed or removed without permission of a county inspector. Any weighing or measuring device designed to be security sealed shall be sealed by a county inspector.

2. Repairmen whose equipment is certified under Section 2.32.100B may remove a security seal for the purpose of making repairs without prior approval of a county inspector. Repairmen who cut, sever or remove a security seal shall immediately notify the county inspector.

3. No security seal shall be valid in the county except a seal issued by the county inspector.

4. No weighing or measuring device which has been security sealed by the county inspector shall be used in the business of selling, buying, bartering or exchanging of goods or commodities if the security seal has been cut, severed or removed until it is resealed by
the county inspector or permission is given by the county inspector if immediate resealing is impractical.

F. Commodity Regulations

1. All persons engaged in the selling, buying, bartering or exchanging goods or commodities must sell, buy, barter or exchange the goods or commodities using the legal method of selling, buying, bartering or exchanging such goods or commodities as required by the National Conference on Weights and Measures method of sale of commodities regulation.

2. All commodities and goods when offered for sale in package or containers shall meet all labeling requirements of the National conference on Weights and Measures packaging and labeling regulations.

3. All commodities when required to be sold by weight must be sold by net weight and all commodities required to be sold by measure or count shall be accurate as required.

G. Violations and Procedures

The county inspector shall have the power to determine if the violation or violator warrants any one or more of the following:

1. The county inspector may issue to the violator a citation which shall be written on a citation ticket and kept on file in the weights and measures office.

2. The county inspector may provide the violator with the opportunity to pay a preset fine as set forth in Section 2.32.110 of this chapter, plus court costs if conditions of violation are corrected within ten (10) days of the issuance of a citation or such other time as the county inspector shall, in his/her discretion, determine as appropriate. The person receiving the citation must have permission from the county inspector to prepay the fine, which permission shall be required in order to assure that the violation has been corrected before prepaid fine is accepted. This shall be noted on the violation ticket and the white and cardboard copy is attached to a claim and filed at the county clerk's office. The county clerk shall assign a court date and a summons shall be sent ten (10) to fifteen (15) days if sheriff service, thirty (30) days if registered mail is required. If prepay is received at the county clerk's office, said monies shall be placed into the county general fund as required by Indiana State Board of Accounts. If there is no response to the prepay within a reasonable time, the county attorney shall be informed and the case shall be prepared for trial.

3. The county inspector may in his/her discretion, decline to provide the violator with the opportunity to prepay and may proceed with civil action against the violator under this chapter. (Ord. Dated 1/10/94(part))

(Dated 10-31-1995, Amended, 10/31/1995) 

2.32.110 Violation - Penalty

A. Any person violating any provision of this chapter shall be subject to the relevant penalties as set forth below. However, it shall be a
defense that the violation constitutes a misdemeanor or infraction under the laws of the State of Indiana.

1. Mobile instruments.

$0 - $200.00 per day for each device from the time of violation until compliance.

2. Instrument repair and installation.

• Certification of equipment:$0 - $500.00 each installation or repair using uncertified equipment.
• Knowledge of State rules and regulations:$0 - $100.00 each installation or repair.
• Duty to inform concerning new installed equipment:$0 - $1,000.00 per day for each device from time of installation until the county inspector is informed as required.

3. Numbering of Instruments

Zero to two hundred dollars ($200.00) each device;

4. Compliance with State Standards

• Zero to two thousand five hundred dollars ($2,500.00) per day for each device of operation from time of inspection.
• Zero to five hundred dollars ($500.00) per day for each device on account of the removal of any tags, stickers, etc., placed on an instrument by the county inspector;

5. Security seals

• Zero to one thousand dollars ($1,000.00) each device,
• Zero to one thousand dollars ($1,000.00) each device,
• Zero to one thousand dollars ($1,000.00) each device,
• Zero to two thousand dollars ($2,000.00) each device for each day of operation;

6. Commodities:

• Zero to two hundred dollars ($200.00) each commodity
• Zero to two hundred dollars ($200.00) each commodity
• Zero to one thousand dollars ($1,000.00) each commodity;

B. The defendant in any civil action brought by the county through its department of weights and measures pursuant to the provisions of this chapter shall pay all court costs incurred by the county in the prosecution of said action in the event said defendant is found to have violated any one or more of the provisions of this chapter. (Ord. Dated 1/10/94 (part))