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T A B L E O F C O N T E N T S P RT I A ... - Broome County

T A B L E O F C O N T E N T S P RT I A ... - Broome County

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§ 102-4 BROOME COUNTY CODE § 102-5<br />

§ 102-4. Construal of provisions; general word usage.<br />

The provisions of this code shall supplement local laws, ordinances, codes or regulations.<br />

When a provision of this code is found to be inconsistent with any provision of a statute, local<br />

law, ordinance, code or regulation, the provision or requirement which is the more restrictive<br />

or which established the highest standard shall prevail. A greater penalty shall not necessarily<br />

be considered as more restrictive or a higher standard. Words not defined in § 102-5 of this<br />

code shall be interpreted according to the definitions provided in the Uniform Commercial<br />

Code. Otherwise the common usage of the word shall be used.<br />

§ 102-5. Definitions.<br />

As used in this chapter, the following terms shall have the meanings indicated:<br />

ASSOCIATION — A corporation of any noncorporate entity, no parts of the assets, income<br />

or profit of which is distributable to or inures to the benefits of its members, directors or<br />

officers, except to the extent permitted by the New York State Not-For-Profit Corporation<br />

Law, and which has a membership of which at least 2/3 are residents in or have a principal<br />

office in <strong>Broome</strong> <strong>County</strong> and has promulgated an ethical code of conduct to which its<br />

members are required to subscribe, including by way of example, but without limitation, the<br />

<strong>Broome</strong> <strong>County</strong> Medical Society and the <strong>Broome</strong> <strong>County</strong> Bar Association.<br />

CONSUMER — A purchaser, lessee or recipient or prospective purchaser, lessee or recipient<br />

of consumer goods or services or consumer credit, including a co-obligor or surety.<br />

CONSUMER GOODS, SERVICES, CREDIT AND DEBTS — Goods, services, credit and<br />

debts which are primarily for personal, household or family purposes or for locally owned<br />

commercial establishments where, in the opinion of the Consumer Services Specialist, this<br />

code is an appropriate remedy.<br />

CONSUMER SERVICES SPECIALIST —<br />

enforcement of this code.<br />

The <strong>Broome</strong> <strong>County</strong> official charged with<br />

DECEPTIVE TRADE PRACTICE — Any false, falsely disparaging or misleading oral or<br />

written statement, visual description or other representation of any kind which has the<br />

capacity, tendency or effect of deceiving or misleading consumers and which is made in<br />

connection with the sale, lease, rental or loan of consumer goods, services, the extension of<br />

consumer credit or the collection of consumer debts. "Deceptive trade practices" include but<br />

are not limited to — :<br />

A. Representations that:<br />

(1) Goods or services have sponsorship, approval, accessories, characteristics,<br />

ingredients, uses, benefits or quantities that they do not have.<br />

(2) The merchant has sponsorship, approval, status, affiliation or connection that he or<br />

she does not have.<br />

(3) Goods are original or new if they are deteriorated, altered, reconditioned, reclaimed<br />

or secondhand.<br />

102:2 02 - 01 - 2010

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