Chapter 3.36


3.36.010    Title.

3.36.020    Purpose.

3.36.030    Definitions.

3.36.040    Registration certificate.

3.36.010 Title.

The title of this chapter shall be "registration requirements for commercial weighing and measuring instruments." (Ord. 1397 §2(part), 1995).

3.36.020 Purpose.

The purpose of this chapter is to establish a system for the registration of weighing and measuring instruments for the recovery of costs incurred from the inspecting and testing of such instruments as established in Business and Professions Code Sections 12210 and 12240, et seq.  (Ord. 1397 §2(part), 1995).

3.36.030 Definitions.

For the purpose of this chapter, the following terms and phrases shall be defined as set forth below:

A.    "Weighing or measuring instruments" means any device, contrivance, apparatus or instrument used, or designed to be used, for ascertaining weight or measure and includes any tool, appliance, or accessory used or connected therewith.

B.    "Commercial purposes" includes the determination of the weight, measure or count of any commodity or thing which is sold on the basis of weight, measure or count; or the determination of the weight, measure or count of any commodity or thing upon which determination of a charge for service is based.  Devices used in determination upon which a charge for service is based include, but are not limited to, taximeters, odometers, timing devices, parcel scales, shipping scales, and scales used in the payment of agricultural workers.  (Ord. 1397 §2(part), 1995).

3.36.040 Registration certificate.

No person shall use any weighing or measuring instrument for commercial purposes without having a current annual registration certificate for such instrument.  The certificate shall be in addition to any other certificate, license or permit which may be required by the county or any other governmental entity.  In the case of vapor meters, a certificate shall be issued based on an annual count of a dealer’s meters located in the county, and if changes in the number of meters occur during the year, no additional certificate(s) shall be required.

A.    Application.  An application for a registration certificate must be submitted to the county sealer in the form prescribed by him.  The county sealer shall, upon receipt of a completed application and the payment of the applicable fee described herein, issue a current registration certificate.

B.    Annual Fee.  An annual registration fee shall be charged for the calendar year, or any part thereof, for all weighing and measuring instruments requiring a registration certificate as provided for herein.  The annual registration fee shall be as established by resolution as determined by the board of supervisors.

C.    Issuance to Corporation.  A registration certificate may be issued to a corporation duly authorized to transact business in this state or to anyone operating under a fictitious name who has complied with the provisions of Chapter 5 (commencing with Section 17900) of Part 3 of Division 7 of the Business and Professions Code.  Otherwise all such certificates shall be issued in the true name of the applicant.  Except as provided above, no business, occupation or activity for which a certificate is required by this chapter may be conducted under any false or fictitious name.  A certificate issued to a corporation shall designate such corporation by the exact name which appears in the articles of incorporation of such corporation.

D.    Transfer.  A registration certificate is transferable from one person to another but shall be valid only for the specific, designated instruments for which the certificate has been issued.  If the instruments are to be used at a fixed location, the certificate shall be valid only for the specific location for which it is issued.  Replacement of specific instruments under an existing certificate shall be allowed without a new certificate being required.

E.    Delinquency.  Any person failing to renew a registration certificate on or before January 31st of each year shall be required to pay an additional sum equal to fifty percent of the registration fee as penalty for any such delinquency.  (Ord. 1397 §2(part), 1995).