La Mesa Municipal Code Ch. 10.70 Inspection of Avocados Being Transported

It is the purpose and intent of this chapter to establish a means of identifying the owner of each commercial quantity of avocados so as to provide a means of controlling the alarming incidence of thefts of avocados within the county.

(Ord. 2011 § 1 (part); February 27, 1975)

Wherever in this chapter the following words or phrases are used, they shall mean:

(a) "Commercial quantity of avocados" shall mean any quantity of avocados in excess of forty (40) pounds exclusive of the container.

(b) "To transport" shall mean the movement or conveyance by any means whatsoever of a commercial quantity of avocados over any road, street or highway within the unincorporated area of the county.

(c) "Chief of police" shall mean the chief of police of the city of La Mesa or any of his duly appointed deputies.

(d) "Handler" shall mean any person, or authorized agent thereof, who grows, distributes or retails avocados, including but not limited to the following: grower, packer, and wholesale or retail fruitstand.

(Ord. 2011 § 1 (part); February 27, 1975)

Every person who transports a commercial quantity of avocados shall (1) cause a statement of ownership to be prepared and retained in his personal possession at all times while transporting said avocados and (2) deliver a copy of such statement to each handler of the avocados being transported. Such statement of ownership shall contain the following information:

(a) The name, address, and telephone number of each person who transports the avocados.

(b) The name, address and telephone number of each handler of the avocados.

(c) The date transportation of the avocados begins and estimated time of delivery.

(d) The kind and quantity of avocados being transported.

(e) Points of origin and destination.

(Ord. 2011 § 1 (part); February 27, 1975)

Every handler who delivers or receives a commercial quantity of avocados shall obtain a copy of the statement of ownership from the person transporting said avocados. The person transporting said avocados and each handler shall retain a copy of each statement of ownership for one year following the date of the transportation of said avocados begins and shall maintain the same for inspection and review at any reasonable time by the Chief of Police upon his request.

(Ord. 2011 § 1 (part); February 27, 1975)

Any peace officer, upon probable cause to believe a person is transporting a commercial quantity of avocados, may stop such person and inspect such avocados, whereupon, the statement of ownership described in Section 10.70.030 shall be presented to said peace officer upon request.

(Ord. 2011 § 1 (part); February 27, 1975)

Any peace officer, upon reasonable belief that a person is not in legal possession of a commercial quantity of avocados, may seize such avocados without warrant. Upon seizure the peace officer shall take custody of the avocados and turn the same over to the custody of the Chief of Police. The Chief of Police shall receive and provide for the care and safekeeping of such avocados in a refrigerated storage facility at a temperature range of approximately forty (40) degrees fahrenheit.

(Ord. 2011 § 1 (part); February 27, 1975)

The Chief of Police shall make a reasonable inspection to ascertain ownership of all commercial quantities of avocados seized pursuant to this Chapter. The Chief of Police shall release custody of said avocados to the rightful owner upon submission to the Chief of Police of satisfactory proof of ownership and after payment of a reasonable charge sufficient to reimburse the Chief of Police for costs incurred in storing said avocados.

(Ord. 2011 § 1 (part); February 27, 1975)

If for any reason a commercial quantity of avocados is not released to its rightful owner after being in the custody of the chief of police for five (5) days, the chief of police may sell said avocados by public auction, in the manner and upon the notice of sale as prescribed by law for the sale of perishable property under execution. All of said avocados remaining unsold after being offered at such public auction may be destroyed or otherwise disposed of by the chief of police. All proceeds derived from the sale of said avocados shall be held by the chief of police for a period of at least six months, during which time the rightful owner of said avocados may submit satisfactory proof of ownership and obtain possession of the proceeds after payment of a reasonable charge sufficient to reimburse the chief of police for costs incurred in storage and sale of said avocados. After retention of the proceeds for a period of at least six months, the chief shall deposit such proceeds in the general fund of the city.

(Ord. 2011 § 1 (part); February 27, 1975)

This chapter shall not apply to the transportation of a commercial quantity of avocados which has been certified pursuant to Article 2 (commencing with Section 44971), Chapter 9, Division 17 of the Agricultural Code.

(Ord. 2011 § 1 (part); February 27, 1975)

It shall be unlawful for any person to violate any provision of this chapter. A violation of any of the provisions or failing to comply with any mandatory requirements of this chapter shall constitute an infraction and shall be subject to the provisions of the general penalty clause as set out in Section 1.01.080 of the code of the city of La Mesa.

(Ord. 2011 § 1 (part); February 27, 1975: Ord. 2638 § 2; November 23, 1993)