Lassen County Municipal Code Ch. 7.26 Weighing and Measuring Instruments—system for Registering and Testing

The purpose of this chapter is to establish a system for registering weighing and measuring instruments and to recover the costs of inspecting and testing such instruments pursuant to Section 12210 of the Business and Professions Code. The authority for this chapter is Article 2.1 (commencing with Section 12240) of Chapter 2 of Division 5 of the Business and Professions Code.

(Ord. 484 § 1, 1986)

For the purpose of this chapter, unless the context otherwise requires:

The term "weighing and measuring instruments"

means "weighing instruments" and "measuring instruments" as defined by Section 12500 and Section 12241 of the California Business and Professions Code.

The term "commercial purposes"

shall have the meaning assigned to it by Section 12500 of the Business and Professions Code.

The term "noncommercial purposes"

means the determination of a weight or measure which is not the basis for a sale or business transaction. In addition, the exclusion of the meaning of "commercial purposes" as assigned in Section 12500(e) shall also be assigned to the meaning on "noncommercial purposes."

The term "weights and measures division"

means the weights and measures division of the Lassen County department of agriculture.

The term "person"

shall have the meaning assigned to it by Section 12011 of the Business and Professions Code.

The term "sealer"

means the sealer of weights and measures and duly authorized agents.

The term "location"

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

(Ord. 484 § 1, 1986)

No person shall use any weighing or measuring instrument for commercial purposes without having a current 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 public entity.

(Ord. 484 § 1, 1986)

An application for a registration certificate must be submitted to the sealer in the form prescribed by the sealer. The sealer shall issue the registration certificate upon receipt of a completed application and payment of the applicable fee prescribed by Section 7.26.060.

(Ord. 484 § 1, 1986)

A registration certificate shall be valid for a period of one year from the date of issuance and shall be renewed from year to year for successive one-year periods upon payment of the applicable fee prescribed.

(Ord. 484 § 1, 1986)

(a) The annual fee for instruments to be used at a fixed location throughout the term of the certificate shall be as prescribed in Section 12241 of the Business and Professions Code.

(b) The schedule of fees as prescribed from time to time by the Director of the Department of Food and Agriculture is adopted as "Appendix A" (Appendix A is set out at the end of this chapter) and the sealer of weights and measures is authorized to collect such fees for the rendition of each respective service therein set forth.

(Ord. 484 § 1, 1986)

A registered certificate may be issued to a corporation 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) or Part 3 of Division 7 of the Business and Professions Code. Otherwise, all such certifications shall be issued in the true name of the applicant. Except as otherwise provided, no 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.

(Ord. 484 § 1, 1986)

If a current certificate has been lost, the person to whom it was issued may obtain a replacement from the sealer upon payment of a replacement fee.

(Ord. 484 § 1, 1986)

A registration certificate is not transferable from one person to another, and is valid only for the specific instruments and, if the instruments are to be used at a fixed location, for the specific location for which it is issued.

(Ord. 484 § 1, 1986)

Every person using any weighing or measuring instruments for which a registration certificate is required under the provisions of this chapter shall keep such certificate conspicuously posted at all times at the location where such instrument is being used.

(Ord. 484 § 1, 1986)

Any person may request the sealer to inspect and test any noncommercial weighing or measuring instrument at any location within Lassen County.

(Ord. 484 § 1, 1986)

The sealer, pursuant to Section 12210(b) of the Business and Professions Code, shall charge and collect a fee therefor in the amount necessary to cover the cost of the service of inspecting and testing a noncommercial weighing or measuring instrument. The fee charged under this section shall be paid in cash or by bank draft at the time of inspection and testing.

APPENDIX A. COMMERCIAL WEIGHING AND MEASURING FEES Pursuant To New Fee Schedules - AB889

APPENDIX B. SCHEDULE OF FEES FOR LASSEN COUNTY DEPARTMENT OF AGRICULTURE-WEIGHTS AND MEASURES*

(Ord. 484 § 1, 1986; Ord. 570 § 2, 2008; Ord. 570 § 3, 2008)