§ 7.04.690 — Violations

7.04.690 - Violations

A. RCW 19.94.190(1) states that "duly appointed city sealers must enforce the provisions of" chapter 19.94 RCW. However, because Seattle also inspects electronic price scanning systems, and because Seattle has its own citation process in Section 7.04.691 to address violations, subsections of this Section 7.04.690 restate and modify certain sections of chapter 19.94 RCW as they are applied and enforced in Seattle. B. Modified RCW 19.94.325(3). A service agent shall not use any weight or measure standard that does not have a valid, official seal of approval from the director, as defined in RCW 19.94.010, to install, inspect, adjust, repair, or recondition any weighing or measuring instrument or device. Any service agent who violates this subsection 7.04.690.B is subject to a civil penalty up to $1,000 per occurrence. C. RCW 19.94.390(1). Whenever any commodity or service is sold, or is offered, exposed, or advertised for sale, by weight, measure, or count, the price shall not be misrepresented, nor shall the price be represented in any manner calculated or tending to mislead or deceive an actual or prospective purchaser. Whenever an advertised, posted, or labeled price per unit of weight, measure, or count includes a fraction of a cent, all elements of the fraction shall be prominently displayed and the numeral or numerals expressing the fraction shall be immediately adjacent to, of the same general design and style as, and at least one-half the height and one-half the width of the numerals representing the whole cents. D. Modified RCW 19.94.490. Any person who hinders or obstructs in any way the City Sealer in the performance of official duties under chapter 19.94 RCW or the rules adopted under the provisions of chapter 19.94 RCW, or this code is subject to a civil penalty up to $5,000. E. Modified RCW 19.94.500. Any person who impersonates in any way the City Sealer by using an official seal of approval without specific authorization to do so or by using a counterfeit seal of approval, or in any other manner, is subject to a civil penalty up to $5,000 per occurrence. F. Modified RCW 19.94.510(2). Any person who individually, by an agent or employee, or as the agent or employee of another person, performs any one of the acts in this subsection 7.04.690.F is subject to a civil penalty up to $5,000 per occurrence: 1. Use or have in possession for the purpose of using for any commercial purpose a weighing or measuring instrument or device or electronic price scanning system that is intentionally calculated to falsify any weight, measure, count, or price of any commodity, or to sell, offer, expose for sale, or hire or have in possession for the purpose of selling or hiring an incorrect weighing or measuring instrument or device or electronic price scanning system, or any weighing or measuring instrument or device or electronic price scanning system calculated to falsify any weight, measure, count, or price. 2. Knowingly use or have in possession for current use in the buying or selling of any commodity or thing, for hire or award, or in the computation of any basic charge or payment for services rendered on the basis of weight, measurement, or count, in the determination of weight, measurement, or count, when a charge is made for such determination, any incorrect weighing or measuring instrument or device. 3. Dispose of any rejected weighing or measuring instrument or device in a manner contrary to law or rule. 4. Remove from any weighing or measuring instrument or device or electronic price scanning system, contrary to law or rule, any tag, seal, stamp, or mark placed thereon by the director, as defined in RCW 19.94.010, or City Sealer. 5. Sell, offer, or expose for sale less than the quantity the person represents of any commodity, thing, or service. 6. Take more than the quantity the person represents of any commodity, thing, or service known to be in a condition or manner contrary to law or rule. 7. Keep for the purpose of sale, advertise, offer, or expose for sale or sell any commodity, thing, or service known to be in a condition or manner contrary to law or rule. 8. Use in retail trade, except in the preparation of packages put up in advance of sale and of medical prescriptions, a weighing or measuring instrument or device or electronic price scanning system that is not so positioned that its indications may be accurately read and the weighing or measuring operation observable from some position which may reasonably be assumed by a customer. 9. Knowingly approve or issue an official seal of approval for any weighing or measuring instrument or device known to be incorrect. 10. Find a weighing or measuring instrument or device to be correct under RCW 19.94.255 when the person knows the instrument or device is incorrect. 11. Fails to disclose to the City Sealer any knowledge of information relating to, or observation of, any device or instrument added to or modifying any weighing or measuring instrument or device or electronic price scanning system for the purpose of selling, offering, or exposing for sale, less than the quantity represented of a commodity or calculated to falsify weight or measure, if the person is a service agent. 12. Violate any other provision of chapter 19.94 RCW or the rules adopted under the provisions of chapter 19.94 RCW, or this code, for which a specific penalty has not been described. G. Modified RCW 19.94.510(3). Any person who, individually, by an agent or employee, or as the agent or employee of another person, violates RCW 19.94.390 as determined by the examination procedure adopted by or under RCW 19.94.390(2) is subject to a civil penalty of up to $2,000 per occurrence. H. Modified RCW 19.94.510(4)(b). Any person who, individually, by an agent or employee, or as the agent or employee or another person, commits as a fourth or subsequent violation any of the acts listed in subsections 7.04.690.F or 7.04.690.G is subject to a civil penalty up to $10,000 per violation per occurrence. A violation will count toward the total in this subsection 7.04.690.H whether the enforcement was taken by Washington State, Seattle, or another jurisdiction in Washington. I. Modified RCW 19.94.510(4)(a). Any person who, individually, by an agent or employee, or as the agent or employee or another person, knowingly adds to or modifies any weighing or measuring instrument or device or electronic price scanning system by the addition of a device or instrument that would allow the sale, or the offering of exposure for sale, of less than the quantity represented of a commodity or falsification of weight or measure is subject to a civil penalty of up to $10,000 per violation per occurrence. J. Modified RCW 19.94.515. A person who owns or uses a weighing or measuring instrument or device or electronic price scanning system and uses or permits the use of the instrument for commercial purposes in violation of RCW 19.94.015 is subject to a civil penalty of $100 for each such instrument or device used or permitted to be used in violation of RCW 19.94.015. K. Modified RCW 19.94.517 1. Whenever the City Sealer tests or inspects a weighing or measuring instrument or device and finds the instrument or device to be incorrect to the economic benefit of the owner/operator of the weighing or measuring instrument or device and to the economic detriment of the customer, the owner is subject to the following civil penalties: Penalties in dollars for device deviations outside the tolerances stated in Handbook 44, as adopted and modified by Section 7.04.105 Category of weighing or measuring instrument or device | First violation | Second or subsequent violation within one year of first violation Small | 200 | 500 Medium | 400 | 1,000 Large | 500 | 2,000 A violation will count toward the total in this subsection 7.04.690.K whether the enforcement was taken by Washington State, Seattle, or another jurisdiction in Washington. 2. For the purposes of this subsection 7.04.690.K, the categories of weighing or measuring instruments or devices are: a. Small: Scales of 0-400 pounds capacity, liquid fuel metering devices with flows of not more than 20 gallons per minute, liquid petroleum gas meters with dispensers of 1 inch diameter or smaller, fabric meters, cordage meters, and taxi meters. b. Medium: Scales of 401-5,000 pounds capacity, liquid fuel metering devices with flows of more than 20 but not more than 150 gallons per minute, and mass flow meters. c. Large: Liquid petroleum gas meters with greater than 1 inch diameter dispensers, liquid fuel metering devices with flows over 150 gallons per minute, and scales of more than 5,000 pounds capacity and scales of more than 5,000 pounds capacity with supplemental devices.

(Ord. 126768, § 1, 2023 [replaced entire text]; Ord. 122845, § 6, 2008; Ord. 120976, § 5, 2002; Ord. 98820, § 40, 1970.)