Modoc County Municipal Code Ch. 5.24 Weighing and Measuring Devices

The purpose of this chapter is to establish a system for the registration of weighing and measuring devices and to recover the cost of inspecting and testing such devices, as provided for by Business and Professions Code Section 12240 et seq.

(Ord. 280 §1(part), 1985)

For the purpose of this chapter, and unless the text otherwise requires, the following terms and phrases shall have the following definitions:

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

B. "County sealer" means the sealer appointed by the county board of supervisors, and his duly authorized agents.

C. "Location" means the room, enclosure, building, space or area where one or more weighing and measuring instruments are located or operated.

D. "Weighing and measuring devices" means and includes all devices classified by the State Director of Food and Agriculture as coming within Section 12210 of the Business and Professions Code of the state of California.

(Ord. 280-A §1, 1992; Ord. 280 §1(part), 1985)

No person shall use any weighing or 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 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. 280 §1(part), 1985)

An application for a registration certificate must be submitted to the county sealer in the form prescribed by him. The county sealer shall, upon receipt of a completed application and the payment of the applicable fees described in this chapter, issue a current registration certificate.

(Ord. 280 §1(part), 1985)

Each registration certificate shall expire on December 31st of the year of its issuance, and may thereafter be renewed on an annual basis upon payment of the applicable fees provided in this chapter.

(Ord. 280 §1(part), 1985)

A. An annual registration fee shall be charged for the calendar year, or any part thereof, for all weighing and measuring devices requiring a registration certificate, as provided for in this chapter. The annual registration fee shall be consistent with the Table of Maximum Annual Charges set forth in California Business and Professions Code Section 12240(a) or any amendments thereto.

(Ord. 280-A §2, 1992: Ord. 280 §1(part), 1985)

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. Except as above provided, no business, occupation or activity for which a certificate is required by this chapter 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. 280 §1(part), 1985)

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 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. 280 §1(part), 1985)

Any person failing to renew a permit on or before January 31st of each year shall be required to pay an additional sum equal to fifty percent of the registration fee as a penalty for any such delinquency.

(Ord. 280 §1(part), 1985)