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A. “City” means the city of Everett.

B. “Weight(s) and/or measure(s)” mean all weights and measures of every kind, instruments and devices for weighing and measuring, and any appliance and accessories associated with any or all such instruments and devices, except that the term shall not be construed to include meters for the measurement of electricity, natural gas or water when the same are operated in a public utility system. Such electricity, gas and water meters are specifically excluded from the purview of this chapter and none of the provisions of this chapter shall be construed to apply to such meters or to any appliances or accessories associated therewith.

C. “Commercial weighing or measuring device” shall be construed to include any weight or measure or weighing or measuring device commercially used or employed in establishing the size, quantity, extent, area, or measurement of quantities, things, produce, or articles for distribution or consumption, purchased, offered or submitted for sale, hire, or award, or in computing any basic charge or payment for services rendered on the basis of weight, measure or count, and shall include any accessory attached to or used in connection with a commercial weighing or measuring device when such accessory is so designed or installed that its operation affects, or may affect, the accuracy or indication of the device.

D. “Official approval,” “sealed” or “official seal of approval” mean the uniform seal or certificate issued by a city sealer, or deputy sealer, which indicates that a weights and measures standard or a weighing or measuring instrument or device conforms with the specifications, tolerances, and other technical requirements adopted in this chapter.

E. “Point-of-sale system” includes cash register(s), or device(s) and system(s) capable of recovering stored information related to the price of individual retail items.

F. “Correct” as used in connection with weights and measures means conformance to all applicable requirements of this chapter.

G. “Primary standards” means the physical standards that serve as the legal reference from which other standards and weights and measures are derived.

H. “Secondary standards” means the physical standards that are traceable to primary standards through comparisons and used in the enforcement of weights and measures laws and regulations.

I. “Sealer” and “deputy sealer” mean, respectively, a sealer of weights and measures and a deputy sealer of weights and measures of the city.

J. “Sell” and “sale” mean barter and exchange.

K. “Person” means both plural and the singular, as the case demands, and includes individuals, partnerships, corporations, companies, firms, societies, clubs, associations, or any group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit, or otherwise.

L. “Sale from bulk” means the sale of commodities when the quantity is determined at the time of sale.

M. “National Type Evaluation Program” (NTEP) shall be construed to mean a program of cooperation between the National Institute of Standards and Technology, the National Conference on Weights and Measures, the states, and the private sector for determining, on a uniform basis, conformance of a type with the relevant provisions of National Institute of Standards and Technology Handbook 44, “Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices,” National Institute of Standards and Technology Handbook 105-1, “Specifications and Tolerances for Reference Standards and Field Standard Weights and Measures, Specifications and Tolerances for Field Standard Weights (NIST Class F),” National Institute of Standards and Technology Handbook 105-2, “Specifications and Tolerances for Reference Standards and Field Standard Weights and Measures, Specifications and Tolerances for Field Standard Measuring Flask,” or National Institute of Standards and Technology Handbook 105-3, “Specifications and Tolerances for Reference Standards and Field Standard Weights and Measures, Specifications and Tolerances for Graduated Neck Type Volumetric Field Standards.”

N. “Type evaluation” shall be construed to mean the testing, examination, and/or evaluation of a type by a participating laboratory under the National Type Evaluation Program.

O. “Type” shall be construed to mean a model or models of a particular measurement system, instrument, element, or a field standard that positively identifies the design. A specific type may vary in its measurement ranges, size, performance, and operating characteristics as specified in the certificate of conformance.

P. “Participating laboratory” shall be construed to mean any State Measurement Laboratory that has been certified by the National Institute of Standards and Technology, in accordance with its program for the certification of capability of State Measurement Laboratories, to conduct a type evaluation under the National Type Evaluation Program.

Q. “Certificate of conformance” (CoC) shall be construed to mean a document issued by the National Institute of Standards and Technology based on testing in participating laboratories, said document constituting evidence of conformance of a type with the requirements of National Institute of Standards and Technology Handbooks 44, 105-1, 105-2, or 105-3.

R. “Service person” shall be construed to mean any individual who, for hire, award, commission, or any other payment of any kind, installs, services, repairs, or reconditions a commercial weighing or measuring device. This term shall also apply to employees, owners or agents of a business selling or installing a commercial weighing or measuring device.

S. “Service agency” shall be construed to mean any agency, firm, company, or corporation that for hire, award, commission, or any other payment of any kind sells, installs, services, repairs or reconditions a commercial weighing or measuring device. (Ord. 2114-95 § 2(A), 1995.)