Ordinance 4087 - Laserfiche WebLink

G. Keep for the purpose of sale, advertise, or offer or expose for sale, or sell any commodity, thing, or service in a condition or manner con- trary to law or regulation. H. Use in retail trade, except in the preparation of packages put up in advance of sale and of medical prescriptions, a weight or measure that is not so positioned that its indications may be accurately read and the weighing or measuring operation observed from some position which may reasonably be assumed by a customer. I. Violate any provision of this Ordinance or the regulations pro- mulgated under the provisions of this Ordinance for which a specific penalty has not been prescribed. SECTION 38. INJUNCTION. The Sealer is authorized to apply to any court of competent jurisdiction for, and such court upon hearing and for cause shown may grant, a temporary or permanent injunction restraining any person from violating any provision of this Ordinance. SECTION 39. PRESUMPTIVE EVIDENCE. For the purposes of this Ordinance, proof of the existence of a weight or measure or a weighing or measuring de- vice in or about any building, enclosure, stand, or vehicle in which or from which it is shown that buying or selling is commonly carried on, shall, in the absence of conclusive evidence to the contrary, be presumptive proof of the regular use of such weight or measure or weighing or measuring device for commercial purposes and of such use by the person in charge of such building, enclosure, stand, or vehicle. SECTION 40. VALIDITY OF PROSECUTIONS. Prosecutions for violation of any provision of this Ordinance are declared to be valid and proper not- withstanding the existence of any other valid general or specific statute of the State or Ordinance of this City dealing with matters that may be the same as or similar to those covered by this Ordinance. SECTION 41. SEPARABILITY PROVISION. If any provision of this Ordinance is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of the Ordinance and the applicability thereof to other persons and circumstances shall not be affected thereby. SECTION 42. REPEAL OF CONFLICTING LAWS. All City Ordinances and parts of Ordinances contrary to or inconsistent with the provisions of this Ordinance are repealed insofar as they might operate in the future; but as to offenses committed, liabilities incurred, and claims now existing thereunder, the existing law shall remain in full force and effect. SECTION 43. CITATION. This Ordinance may be cited as the "Weights and Measures Ordinance of Everett". MAYOR Attest: (?:;.-iwyCi171)/erk“P"'''' Passed: — i a` j Published: - 12 -