Humboldt County Municipal Code Ch. 5 Commercial Weighing and Measuring Device Registration Program

Title. Purposes. Definitions. Registration Certificate. Application. Annual Fee. Issuance to Corporation. Transfer. Lost Certificate. Delinquency.

715-1. Title. The title of this chapter shall be known as the Registration Requirements for Commercial Weighing and Measuring Device Registration Program. (Ord. 1812, § 1, 11/10/1987) 715-2. Purposes. The purpose of this chapter is to establish a system for the registration of weighing and measuring devices for the recovery of costs incurred from the inspecting and testing of such devices, as established in California Business and Professions Code § 12210 and 12240, et seq. (Ord. 1812, § 1, 11/10/1987) 715-3. Definitions. For the purpose of this chapter, the following terms and phrases shall be defined as set out below: “Weighing and Measuring Devices” shall, but may not be limited to, include the following devices: (1) Electric Meters - Up to 200 AMP maximum capacity* (2) All cord/wire and fabric meters (3) Liquid meters - Up to 30 GPM maximum capacity (4) Liquefied petroleum gas meters - stationary (5) Taximeters (6) Vapor meters - Up to 450 CFH maximum capacity* (7) Water meters - Up to 30 GPM maximum capacity (8) Computing scales/POS systems/counter scales (9) Monorail and meat beam scales - up to and including 1,000 lbs. (10) Platform scales - Up to and including 1,000 lbs. (11) Jewelers’, prescription and precious metal scales (12) Hanging scales - Up to and including 1,000 lbs. (13) Odometers.

• Each house or mobile home is considered to be one location, except in a mobile home park or apartment complex where the park or complex is considered one location. (Ord. 1812, § 1, 11/10/1987; Ord. 2308, § 15, 9/ 23/2003) “Business Location” means: (1) the room, enclosure, building, space or area where one or more weighing and measuring instruments are located or operated; (2) each vehicle containing one or more commercial device; (3) each business location that uses different categories or types of commercial devices that require the use of specialized testing equipment and that necessitates not more than one inspection trip by a weights and measures official. (Ord. 1812, § 1, 11/10/1987; Ord. 2408, § 6, 1/6/2009) “Commercial Purposes” shall have the meaning assigned to it by § 12500(e) of the Business and Professions Code. (Ord. 1812, § 1, 11/10/1987) “County Sealer” shall mean the Sealer/Director appointed by the Humboldt County Board of Supervisors and his duly authorized agents. (Ord. 1812, § 1, 11/10/1987) 715-4. Registration Certificate. No person shall use any weighing and measuring device for commercial purposes without having a current annual registration certificate for such device. 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 LP-gas vapor meters, a certificate shall be issued based on an annual count of an LP-gas 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. (Ord. 1812, § 1, 11/10/1987) 715-5. Application. An application for a registration certificate must be submitted to the County sealer in the form prescribed by him/ her. The County sealer shall, upon receipt of a completed application and the payment of the applicable fee described herein, issue a current registration certificate. (Ord. 1812, § 1, 11/10/1987; Ord. 2308, § 15, 9/23/2003) 715-6. Annual Fee. An annual registration fee shall be charged for the fiscal year, or any part thereof, for all weighing and measuring devices requiring a registration certificate as set forth in the annual Humboldt County Schedule of Fees and Charges adopted by the Humboldt County Board of Supervisors. (Ord. 2408, § 6, 01/06/2009)

For the purpose of this section, the annual registration fee for a business that uses a commercial weighing or measuring device or devices shall consist of a business location fee, and a device fee, as set forth in the annual Humboldt County Schedule of Fees and Charges adopted by the Humboldt County Board of Supervisors. (Ord. 2408, § 6, 01/06/2009) (a) For a single measuring and weighing device with a maximum capacity of 30 (thirty) pounds which is used seasonally (less than six months) to weigh produce and which is submitted to the Sealer for examination and registration the fee shall be as set forth in the annual Humboldt County Schedule of Fees and Charges adopted by the Humboldt County Board of Supervisors. (Ord. 1812, § 1, 11/10/1987; Ord. 2052, 9/27/1994; Ord. 2408, § 6, 1/6/ 2009) (b) For marinas, mobile home parks, recreational vehicle parks, and apartment complexes, where the owner of the park or complex owns and is responsible for the utility meters, the owner shall pay a device fee and location fee as set forth in the annual Humboldt County Schedule of Fees and Charges adopted by the Humboldt County Board of Supervisors. Marinas, mobile home parks, recreational vehicle parks and apartment complexes for which the above fees are assessed, shall be inspected and tested as frequently as required by regulation. (Ord. 1812, § 1, 11/10/1987; Ord. 2408, § 6, 1/6/2009) (c) Fees and charges related to testing commercial hopper scales are authorized by Section 12210.5 of the California Business and Professions Code. The fees and charges for testing commercial hopper scales shall be as set forth in the annual Humboldt County Schedule of Fees and Charges adopted by the Humboldt County Board of Supervisors. (Ord. 2408, § 6, 1/6/2009) (d) Fees and charges related to farm milk tanks shall be as set forth in the annual Humboldt County Schedule of Fees and Charges adopted by the Humboldt County Board of Supervisors. (Ord. 2408, § 6, 1/6/2009) 715-7. Issuance to Corporation. A registration certificate may be issued to a corporation duly authorized to transact business in this state or to any person operating under a fictitious name who has complied with the provisions of Chapter 5 (commencing with § 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 article 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. 715-8. Transfer. A registration certificate is transferable from one person to another and is valid only for the specific devices and, if the devices are to be used at fixed location, for the specific location for which it is issued. Replacement of specific devices shall be allowed without a new certificate being required.

715-9. Lost Certificate. If a current registration certificate has been lost, the person to whom it was issued may obtain a replacement from the Sealer of Weights and Measures upon payment of a replacement fee of $5.00. 715-10. Delinquency. Any person failing to renew a permit on or before July 31st of each year shall be required to pay an additional sum equal to 100% of the registration fee as a penalty for any delinquency. 715-11. Posting Certificate. Every person using any weighing or measuring device for which a registration certificate is require under the provisions of this article shall keep such certificates conspicuously posted at all times at the location where such device is being used.