Madera County Municipal Code Ch. 5.20 Weights and Measures—commercial Weighing and Measuring Device Registration

Footnotes:

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Editor's note— Ord. No. 512E, § 1, adopted May 12, 2026 amended Ch. 5.20 in its entirety to read as herein set out. Former Ch. 5.20, §§ 5.20.100—5.20.100, pertained to weights and measures—commercial weighing and measuring device registration, and derived from Ord. 512 § 2(part), 1988; Ord. 512A, § 2, 1993; Ord. 512-C §§ 2—4, 2006 and Ord. 512-D, § 1, 2026.

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 required by Business and Professions Code Section 12210 and to recover the costs of carrying out the provisions of Business and Professions Code Section 12211.

(Ord. No. 512E, § 1, 5-12-26)

For the purpose of this chapter, the following terms shall be defined as set forth below:

"Business location" has the same meaning as the term "business location" in Business and Professions Code section 12240(u).

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

"Instrument" means a "weighing instrument" as defined in Business and Professions Code section 12500(a) or a "measuring instrument" as defined in Business and Professions Code section 12500(b).

"Sealer" means the County Sealer of Weights and Measures, a Deputy Sealer or an inspector employed by the County Department of Agriculture, Weights and Measures for the purpose of enforcing this chapter.

"Weighmaster" has the same meaning as the term "weighmaster" in Business and Professions Code sections 12700-12702.

(Ord. No. 512E, § 1, 5-12-26)

No person shall own or operate a business which contains one or more instruments to be used for commercial purposes without having a current annual registration certificate for such instrument(s). It shall be unlawful for a person to fail to register an instrument with the Sealer before using it for commercial purposes. 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.

(Ord. No. 512E, § 1, 5-12-26)

An application for an initial or renewal registration shall be submitted to the Sealer on a form prescribed by the Sealer. The registration shall be deemed granted and become effective upon the Sealer's receipt of a completed application and the fee prescribed by this chapter or upon receipt of the fee alone when no application is required.

(Ord. No. 512E, § 1, 5-12-26)

A registration shall expire in accordance with the following provisions:

A. With the possible exception of the initial registration, a registration shall be valid for one calendar year beginning on the first day of the month in which the registration becomes effective. The initial registration may be valid for a prorated period of less than one year, as determined by the Sealer, to stagger the annual renewal dates for all registered instruments.

B. A registration shall be renewed annually if the instrument(s) for which the registration was granted will continue to be used for commercial purposes.

C. The business owner/operator is responsible for renewing the registration on an annual basis.

(Ord. No. 512E, § 1, 5-12-26)

A. An annual registration fee shall be charged for the fiscal year (July 1st through June 30th) or any part thereof, for all weighing and measuring devices requiring a registration certificate as provided for in this chapter.

B. The registration fee for a business with one or more instruments at the business location to be used for commercial purposes shall be assessed at the maximum amount authorized in Section 12240 of the Business and Professions Code and is due on the first day of the applicable registration period.

C. Nothing in this section limits the County's right to prosecute and/or pursue civil penalties against an owner or operator who uses an unregistered instrument for commercial purposes in violation of this chapter.

D. Both the initial registration certificate fee and the annual renewal registration certificate fee shall be assessed at the maximum amount authorized in Section 12240 of the California Business and Professions Code.

E. Any requests for testing of commercial devices by the owner or user when the testing could legally be performed by a Registered Service Agency (RSA) shall be subject to a fee in the amount authorized in Section 12210.5 of the California Business and Professions Code.

F. For farmers' market vendors using scales without a permanent location, devices may be brought to the Department of Agriculture Office for registration. The fee is forty dollars per device.

(Ord. No. 512E, § 1, 5-12-26)

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 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.

(Ord. No. 512E, § 1, 5-12-26)

A registration certificate is transferable from one person to another, but is valid only for the specific devices and, if the devices are to be used at a fixed location, for the specific location for which it is issued. Replacement of specific devices shall be allowed without a new certificate being required.

(Ord. No. 512E, § 1, 5-12-26)

If a current registration certificate has been lost or destroyed, the person to whom it was issued may obtain a replacement from the Sealer upon payment of a replacement fee of five dollars.

(Ord. No. 512E, § 1, 5-12-26)

Invoices for device registration fees shall be considered due upon receipt. Any person failing to obtain or renew a permit on or before August 15th of each year shall be subject to a penalty of fifty percent of the total annual registration fee. Registration and/or penalty fees which remain unpaid as of September 1st of each year will be forwarded to Madera County Revenue Services for collection.

(Ord. No. 512E, § 1, 5-12-26)

Every person using any weighing or measuring device 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 device is being used.

(Ord. No. 512E, § 1, 5-12-26)