§ 180 — Municipal directors of weights and measures

§ 180. Municipal directors of weights and measures. 1. There shall be\na county director of weights and measures in each county, except where\n(a) a county is wholly embraced within a city there shall be a city\ndirector of weights and measures, or (b) where two or more counties have\nentered into an intermunicipal agreement, pursuant to article five-G of\nthe general municipal law, to share the functions, powers, and duties of\none director of weights and measures. Any county or city having a\npopulation of one million or more may elect to designate its\ncommissioner of consumer affairs as its director of weights and\nmeasures. The county of Westchester may elect to designate its\ncommissioner or director of consumer affairs as its director of weights\nand measures. Subdivision four of this section shall not apply to a\ncommissioner or director of consumer affairs so designated.\n 2. No city may institute a weights and measures program. Provided,\nthat any city which maintained a weights and measures program on January\nfirst, nineteen hundred seventy-six may continue such program under a\ncity director of weights and measures.\n a. Any such city may contract with the legislature of the county in\nwhich it is located for the county director of weights and measures to\nperform the duties of and have the same powers within such city as the\ncity director. Such contract shall fix the amount to be paid annually by\nthe city to the county for such services. During the period such\ncontract is in force and effect, the office of city director of weights\nand measures shall be abolished.\n b. The county director shall not have jurisdiction in any city which\nhas a city director of weights and measures, except in the county of\nWestchester the county director shall have concurrent jurisdiction with\ncity directors of weights and measures in such county.\n 3. Nothing contained herein shall prohibit the governing body of any\ncounty or city from assigning to its municipal director powers and\nduties in addition to the powers and duties prescribed by this article\nprovided such additional powers and duties deal primarily with services\ndesigned to aid and protect the consumer and are not inconsistent with\nthe provisions of this article.\n 4. The municipal director shall be appointed by the appropriate\nauthority of the municipality in which he resides having the general\npower of appointment of officers and employees. Where two or more\ncounties have entered into an intermunicipal agreement, pursuant to\narticle five-G of the general municipal law, to share the functions,\npowers, and duties of one director of weights and measures, such\nmunicipal director may reside in any county that is a party to the\nintermunicipal agreement. He shall be paid a salary determined by the\nappropriate authority and shall be provided by such authority with the\nworking standards of weights, measures and other equipment as required\nby rules and regulations promulgated in accordance with this article.\nThe position of municipal director shall be in the competitive class of\nthe civil service with respect to all persons appointed on or after the\neffective date of this act.\n