Chapter 8.36 — AGRICULTURE COMMODITIES THEFT CONTROL REGULATIONS

State Law reference— Agriculture theft prevention generally, Food and Agricultural Code § 851 et seq.

It is the purpose and intent of this chapter to establish a means of identifying the owner of each commercial quantity of agricultural commodities so as to provide a means of preventing and controlling thefts of agricultural commodities within the city.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Agricultural commissioner means the agricultural commissioner of the county, or designated representative.

Agricultural commodities means avocados, cabbage, citrus fruits, dates, deciduous fruits, eggs, grain, grapes, hay, lettuce, melons, nuts, onions, potatoes and sweet corn.

Chief of police means the chief of police of the city or designated representative.

Commercial quantity of agricultural commodities means the quantity, exclusive of the container, ascribed to each agricultural commodity as follows:

Handler means any person, or authorized agent thereof, who grows, transports, distributes, wholesales or retails agricultural commodities, including but not limited to the following: grower, transporter, packer and owner or operator of a wholesale or retail fruit stand.

Person means any individual, firm, partnership, joint venture, corporation, association, club or organization.

Transports means the movement or conveyance by any means whatsoever of a commercial quantity of agricultural commodities over any road, street or highway within the city.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Every handler who transports a commercial quantity of agricultural commodities shall:

(1)

Cause a statement of ownership to be prepared and retain a copy of such statement in his possession at all times while transporting such agricultural commodities; and

(2)

Present a copy of such statement to each handler to whom the agricultural commodities are delivered. Such statement of ownership shall contain the following information:

a.

The name, address and telephone number of the owner and each successive handler of the agricultural commodities;

b.

The license number of the vehicle in which the agricultural commodities are being transported and the driver's license number of the operator of such vehicle;

c.

The date transportation of the agricultural commodities begins and the estimated time of delivery;

d.

The kind and quantity of agricultural commodities being transported;

e.

The points of origin and the destination.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

No person shall knowingly include, or cause to be included, any false information in a statement of ownership, or alter, or cause to be altered, any information in a statement of ownership or any copy thereof.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Every handler who receives a commercial quantity of agricultural commodities shall obtain a copy of the statement of ownership from the handler transporting such agricultural commodities. Every handler shall retain a copy of each statement of ownership for one year following the date transportation of such agricultural commodities begins and shall present such statement of ownership for inspection and review at any reasonable time by the chief of police or the agricultural commissioner upon the request of either of them.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Any peace officer, upon probable cause to believe a person is transporting a commercial quantity of agricultural commodities, may stop such person and inspect such agricultural commodities, whereupon, the statement of ownership shall be presented to such peace officer upon request.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Any peace officer, upon reasonable belief that a person is not in lawful possession of a commercial quantity of agricultural commodities, may seize such agricultural commodities without a warrant. Upon seizure, the peace officer shall take custody of the agricultural commodities and turn them over to the custody of the chief of police. The chief of police shall receive and provide for the care and safekeeping of such agricultural commodities.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

The chief of police shall make a reasonable investigation to ascertain the ownership of any agricultural commodities which have been seized pursuant to the provisions of this chapter. The chief of police shall release custody of such agricultural commodities to the rightful owner pursuant to the provisions of Penal Code § 1413(b) and after payment of a reasonable charge sufficient to reimburse the chief of police for costs incurred in storing such agricultural commodities.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

If for any reason, a commercial quantity of agricultural commodities is not released to its rightful owner after being in the custody of the chief of police for five days, the chief of police may sell such agricultural commodities by public auction, in the manner and upon the notice of sale as prescribed by law for the sale of perishable property under execution, after certification of compliance has been obtained pursuant to article 2 (commencing with section 44971), chapter 9, division 17 of the Food and Agricultural Code. Any such agricultural commodities remaining unsold after being offered at such auction may be destroyed or otherwise disposed of by the chief of police. All the proceeds derived from the sale of such agricultural commodities shall be held by the chief of police for a period of at least six months, during which time the rightful owner of such agricultural commodities may submit satisfactory proof of ownership and proper personal identification and obtain possession of the proceeds after payment of a reasonable charge sufficient to reimburse the chief of police for costs incurred for storage and sale of such agricultural commodities. After retention of the proceeds for a period of at least six months, the chief of police shall deposit the proceeds in the general fund of the city.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

This chapter shall not apply to the transportation of a commercial quantity of agricultural commodities, which has been certified, prior to such transportation, pursuant to Food and Agricultural Code §§ 42791 et seq. and 44971 et seq.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a)

It is unlawful for any person to violate any provision of this chapter. Any person violating any provision of this chapter shall be deemed guilty of an infraction or misdemeanor as hereinafter specified. Such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted.

(b)

Any person so convicted:

(1)

Shall be guilty of an infraction offense and punished by a fine not exceeding:

a.

$100.00 for a first violation;

b.

$200.00 for a second violation.

(2)

For the third and any additional violations shall constitute a misdemeanor offense and shall be punishable by a fine not exceeding $1,000.00 or six months in jail, or both.

(c)

Notwithstanding subsection (b) of this section, a first offense may be charged and prosecuted as a misdemeanor. Payment of any penalty in this section shall not relieve a person from the responsibility for correcting the violation.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)