N.Y. Agriculture & Markets Law § 180: Municipal directors of weights and measures

§ 180. Municipal directors of weights and measures. 1. There shall be

a county director of weights and measures in each county, except where

(a) a county is wholly embraced within a city there shall be a city

director of weights and measures, or (b) where two or more counties have

entered into an intermunicipal agreement, pursuant to article five-G of

the general municipal law, to share the functions, powers, and duties of

one director of weights and measures. Any county or city having a

population of one million or more may elect to designate its

commissioner of consumer affairs as its director of weights and

measures. The county of Westchester may elect to designate its

commissioner or director of consumer affairs as its director of weights

and measures. Subdivision four of this section shall not apply to a

commissioner or director of consumer affairs so designated.

2. No city may institute a weights and measures program. Provided,

that any city which maintained a weights and measures program on January

first, nineteen hundred seventy-six may continue such program under a

city director of weights and measures.

a. Any such city may contract with the legislature of the county in

which it is located for the county director of weights and measures to

perform the duties of and have the same powers within such city as the

city director. Such contract shall fix the amount to be paid annually by

the city to the county for such services. During the period such

contract is in force and effect, the office of city director of weights

and measures shall be abolished.

b. The county director shall not have jurisdiction in any city which

has a city director of weights and measures, except in the county of

Westchester the county director shall have concurrent jurisdiction with

city directors of weights and measures in such county.

3. Nothing contained herein shall prohibit the governing body of any

county or city from assigning to its municipal director powers and

duties in addition to the powers and duties prescribed by this article

provided such additional powers and duties deal primarily with services

designed to aid and protect the consumer and are not inconsistent with

the provisions of this article.

4. The municipal director shall be appointed by the appropriate

authority of the municipality in which he resides having the general

power of appointment of officers and employees. Where two or more

counties have entered into an intermunicipal agreement, pursuant to

article five-G of the general municipal law, to share the functions,

powers, and duties of one director of weights and measures, such

municipal director may reside in any county that is a party to the

intermunicipal agreement. He shall be paid a salary determined by the

appropriate authority and shall be provided by such authority with the

working standards of weights, measures and other equipment as required

by rules and regulations promulgated in accordance with this article.

The position of municipal director shall be in the competitive class of

the civil service with respect to all persons appointed on or after the

effective date of this act.