Mendocino County Municipal Code Div. B Penalties for Violations of Registration Provisions

(a) It shall be unlawful for any person, or any registrant, employee, or agent thereof to violate the provisions of this Chapter, and specifically it shall be unlawful to use unregistered weighing and measuring devices.

(b) Unless otherwise provided, any person failing to comply with the registration provisions of this Chapter shall be guilty of an infraction or misdemeanor as hereinafter specified:

(1) A first offense shall be charged as an infraction. If convicted, the offense shall be punishable by a fine not exceeding one hundred dollars ($100.00). Notwithstanding the foregoing, if the violation appears to be unknowing and the offender corrects the violation promptly upon notification, the Sealer may, in lieu of recommending criminal prosecution, accept payment of the original fee and late fee charge. A subsequent violation will be treated as a second offense, punishable as set forth in subsection (b)(2) of this Section.

(2) Any subsequent offense shall be charged as a misdemeanor and shall be punishable by a fine not exceeding one thousand dollars ($1,000.00) and not less than five hundred dollars ($500.00), or any other penalty imposed by a court, or both.

(c) Payment of any fine or other penalty imposed by a court shall not relieve a person from the responsibility of registering a weighing or measuring device and paying the applicable registration fee, as required by this Chapter.

(d) In addition to all other remedies provided by this Chapter or state law, the department may seek injunctive relief to restrain continuing violations of the provisions of this Chapter. Nothing in this Chapter shall preclude the Sealer from seeking civil penalties pursuant to Business and Professions Code Section 12015.3 or pursuing any other remedy available to the Sealer under Division 5 of the Business and Professions Code.

(Ord. No. 4228, 9-1-2009)

It is the intent of the Board of Supervisors by adopting the ordinance codified in this Chapter to exercise its statutory authority to impose a fee as permitted by law. If any provision of this Chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Chapter which can be given effect without the invalid provision or application and to this end the provisions of this Chapter are severable.

(Ord. No. 4228, 9-1-2009)