Calaveras County Municipal Code Ch. 3.50 Annual Weighing and Measuring Device Registration

Footnotes:

--- (9) ---

Editor's note— Ord. No. 3204, § 1, adopted June 11, 2024, repealed the former Chp. 3.50., §§ 3.50.010—3.50.040, and enacted a new Chp. 3.50 as set out herein. The former Chp. 3.50 pertained to similar subject matter and derived from Ord. 2341, § 1(part), 1993.

The purpose of this chapter is to establish a system for the registration of weighing and measuring devices, and for the recovery of costs incurred from the inspecting and testing of such devices as established in Business and Professions Code Sections 12210 and 12240.

(Ord. No. 3204, 6-11-2024)

As used in this chapter the following terms mean:

"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. "Commercial purposes" does not include the determination of the weight, measure, or count of any commodity or thing which is performed within a plant or business as a part of the manufacturing, processing, or preparing for market of that commodity or thing, or the determination of charges for the transmission of letters or parcels of less than one hundred fifty pounds, except when that determination is made in the presence of the customer charged for the service.

"Department of weights and measures" means the Department of Weights and Measures, a division of the Calaveras County Department of Agriculture, and its agents and employees who are duly authorized to act on behalf of said department.

"Location" means the room, enclosure, building, space, area or situs where one or more weighing or measuring devices are located or operated.

"Measuring device" means any device, including any contrivance, apparatus, or instrument used, or designed to be used, for ascertaining measure and includes any tool, appliance, or accessory used or connected therewith.

"Noncommercial devices" means any weighing and/or measuring devices other than weighing and measuring devices used for a commercial purpose as defined above.

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

(Ord. No. 3204, 6-11-2024)

No person shall temporarily or permanently, alone or in conjunction with others, establish, maintain, conduct, or operate any weighing or measuring device for commercial purposes without first obtaining an annual device registration certificate and paying the annual registration certificate and paying the annual registration fee, or without submitting a timely application to renew an existing permit and paying the required annual registration fee.

A registration certificate may be issued to a registered business entity duly authorized to transact business in this state, or to a person operating under a fictitious name who has complied with all 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 above provided, no business, occupation or activity for which such a certificate is required may be conducted under any false or fictitious name. A registration certificate issued to a business entity shall designate such corporation by the exact name which appears in the articles of incorporation of such corporation.

The certificate shall be in addition to any other certificate, license, or permit which may be required by the county or any other public entity. Any person failing to comply with the registration and renewal provisions of this chapter shall be guilty of an infraction.

A. Application for device registration. An application for a registration certificate must be submitted to the commissioner/director upon their request, in such form as may be prescribed by that officer. The commissioner/director shall issue the registration certificate only upon their being in possession of the required information for type approved device(s) including current device(s) ownership, valid contact(s) information, and having received payment of any outstanding fee(s).

B. Device registration fees. The annual registration fees are adopted pursuant to and under the authority of Business and Professions Code Section 12240, as amended from time to time. The fees for weighing and measuring device registration shall be assessed at the maximum amount authorized in Section 12240 of the Business and Professions Code.

C. Expiration of permits. Each permit shall expire on December 31st of the current year, provided such permit may be renewed without penalty on or before February 15th of the year following the expiration date.

D. Transfer. A registration certificate is transferable from one person to another but shall be valid only for the specific, designated devices for which the certificate has been issued. If the devices are to be used at a fixed location the certificate shall be valid only for the specific location for which it is issued.

E. Replacement and/or additional devices. Replacement of specific devices under an existing certificate shall be allowed without a new certificate being required as long as the replacement device is comparable in scope and function to the device being replaced, and the replacement device has been tested, found to be accurate, and displays a current county seal before commercial use.

F. Delinquent device registration. Any person failing to renew a device registration on or before February 15th of the year following the previous registration's expiration shall be considered delinquent. A device cannot be legally used for any commercial transaction without a current registration and seal. No device(s) will be registered, tested, retested, or sealed for the current year until all outstanding device registration fees are paid and resolved.

(Ord. No. 3204, 6-11-2024)