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A. It shall be unlawful for any person to:

1. Use or have in possession for the purpose of using for any commercial purpose specified herein, selling, offering or exposing for sale or hire, or having in possession for the purpose of selling or hiring, an incorrect weight or measure or any device or instrument used to or calculated to falsify any weight or measure;

2. Use or have in possession for the purpose of current use for any commercial purpose specified herein a weight or measure that does not bear a seal or mark such as is specified herein, unless such weight or measure has been exempted from testing by the sealer;

3. Dispose of any rejected or condemned weight or measure in a manner contrary to law or regulation;

4. Remove from any weight or measure, contrary to law or regulation, any tag, seal, or mark placed thereon by the appropriate authority;

5. Sell, offer or expose for sale less than the quantity represented of any commodity, thing or service;

6. Take more than the quantity represented of any commodity, thing or service when, as buyer, the person furnishes the weight or measure by means of which the amount of the commodity, thing or service is determined;

7. Keep for the purpose of sale, advertise, offer or expose for sale, or sell any commodity, thing or service in a condition or manner contrary to law or regulation;

8. 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;

9. Sell or offer for sale for use in commerce any incorrect weight or measure;

10. Violate any provision of this chapter or the regulations promulgated under the provisions of this chapter for which a specific penalty has not been prescribed.

B. Criminal Violation. Any person who, by himself or herself, by his or her servant or agent, or as the servant or agent of another violates any provision of this chapter shall be guilty of a misdemeanor.

C. Injunctive Action. Any violation of the provisions of this chapter constitutes a public nuisance which the city can abate by an action in Snohomish County superior court. The costs of such action shall be taxed against the violator.

D. Civil Infraction. In addition to, or as an alternative to, any other penalty provided in this chapter or by law any person who violates any provision of this chapter or regulation issued under it shall be subject to a civil infraction of a maximum of two hundred fifty dollars for each violation. Each such person shall be deemed guilty of a separate offense for each and every day during which any violation of any of the provisions of this chapter occurs.

E. Provisions Nonexclusive. Penalty and enforcement provisions provided in this section are not exclusive, and the city may pursue any remedy or relief it deems appropriate. (Ord. 2114-95 § 39, 1995.)