Monterey County Municipal Code Ch. 7.60 Weighing and Measuring Device Fees

This Chapter provides for the registration of weighing and measuring instruments, and devices, establishes fees for such registration, and authorizes the testing and inspection of weighing and measuring instruments and devices when requested by the owner or user of the instrument or device and establishes the fees for such services, as authorized by Division 5 of the California Business and Professions Code.

(Ord. 4250 § A (part), 2004: Ord. 3734, 1994)

For the purposes of this Chapter, unless the context otherwise requires:

A. "Commercial purposes" has the same meaning it has in Section 12500 of the California Business and Professions Code.

B. "Sealer" means the appointed Sealer of Weights and Measures of the County of Monterey and his or her duly authorized agents.

C. "Location" means the room, house, building, motorized vehicle or space where one or more weighing or measuring instruments are operated.

D. "Person" has the same meaning it has in Section 12011 of the California Business and Professions Code.

E. "Reinspection fee" means a fee charged for the reinspection, retesting or recertification of an instrument or device found to be out of compliance with tolerances, specifications or computations as required by law.

F. "Establishment" means any business location where commodities are sold.

G. "Sell" includes barter, exchange, trade, keep for sale, offer for sale, or expose for sale in any of their variant forms.

H. "Weighing and measuring devices" (for which a registration fee is required) shall be such devices as classified in Section 12500 of the Business and Professions Code.

(Ord. 4250 § A (part), 2004: Ord. 3734, 1994)

It is unlawful for any person to use a weighing or measuring device for commercial purposes unless the instrument or device is registered with the Sealer. Registration shall be in addition to any other certificate, license or permit required by the County or any other public entity.

(Ord. 4250 § A (part), 2004: Ord. 3734, 1994)

The Sealer shall register weighing or measuring devices upon receipt of a completed application and payment of the applicable fee. An application for registration must be submitted on a form prescribed by the Sealer. Absent contrary instructions from the Sealer, each application is to contain: (a) a description of the weighing and measuring instrument or device; (b) the name of the manufacturer; (c) the model number; (d) the serial or identification number; (e) the location at which it will be used; (f) the date of the last inspection of the instrument or device by the Sealer.

(Ord. 4250 § A (part), 2004: Ord. 3734, 1994)

Registration shall be valid for a period of one year. Registration may be renewed from year to year for successive one year periods upon payment of the applicable fee.

(Ord. 4250 § A (part), 2004: Ord. 3734, 1994)

Fees for device registration shall be the same as the Table of Maximum Annual Charges as set in the California Business and Professions Code, Division 5, Chapter 2, Article 2.1, Section 12240 as may be amended from time to time, except as specified in Section 7.60.061.

(Ord. 4250 § A (part), 2004)

Non-Fixed Location Scales. Scales used at non-fixed locations, such as farmers markets, with a nominal capacity of fifty (50) pounds or less that are delivered to the Weights and Measures office for inspection, shall be charged a fee one-half of the applicable fee in the Table of Maximum Annual Charges as may be amended from time to time.

Meters Mounted On or In Motor Vehicles. For calendar year 2005 the fee for each meter shall be one-half of the applicable fee in the Table of Maximum Annual Charges; for calendar year 2006 the fee for each meter shall be three-fourths of the applicable fee in the Table of Maximum Annual Charges; for calendar year 2007 and beyond, the fee shall be the same as the Table of Maximum Annual Charges as set in the California Business and Professions Code, Division 5, Chapter 2, Article 2.1, Section 12240 as may be amended from time to time.

(Ord. 4250 § A (part), 2004)

Fees paid for device registration after the due date are subject to a twenty-five (25) percent penalty. The late fee will be the original fee plus twenty-five (25) percent of the original fee.

Fees paid for device registration thirty (30) days after the due date are subject to a fifty (50) percent penalty. The late fee shall be the original fee plus fifty (50) percent of the original fee.

Fees paid for device registration sixty (60) days after the due date are subject to a one hundred (100) percent penalty. The late fee shall be the original fee plus one hundred (100) percent of the original fee.

Fees for all other services authorized by this Chapter of the California Business and Professions Code, Division 5, shall be set forth in the Monterey County Fee Resolution.

(Ord. 4250 § A (part), 2004)

Registration is not transferable from one person to another, and is valid only for the specific instruments or devices identified in the registration application. If the instrument or device is identified in the application as being used at an identified location, the registration is valid only so long as the instrument or device is being used at the identified location.

(Ord. 4250 § A (part), 2004: Ord. 3734, 1994)

After any commercial weighing or measuring instrument or device has been tested and found to be outside the tolerances and specifications set by the California Department of Food and Agriculture, the Sealer may reinspect, retest and recertify such an instrument or device in order to determine if it is within those tolerances and specifications. The Sealer is authorized to charge for any such inspection or testing and shall base the fee upon the inspector's hourly rate, benefits and department overhead charges. The fee for equipment rental shall be the fee established by the Division of Measurement Standards pursuant to provisions of Division 5, Chapter 2, Section 12212 of the California Business and Professions Code as may be amended from time to time.

(Ord. 4250 § A (part), 2004: Ord. 3734, 1994)

At the request of the owner or user of a weighing or measuring instrument or device used for commercial purposes, the Sealer may inspect and test the device, provided such inspection or testing of the device could legally be preformed by a registered repairman. The Sealer is authorized to charge for any such inspection or testing and shall base the fee upon the uniform schedule of fees as prescribed by California Business and Professions Code, Division 5, Chapter 2, Article 2, Section 12210.5 as prescribed by the Director of the Division of Measurement Standards as may be amended from time to time.

(Ord. 4250 § A (part), 2004: Ord. 3734, 1994)

Upon the written request of any person, the Sealer may calibrate, test, weigh, or measure and certify to the accuracy of, noncommercial weights and measures and weighing and measuring devices, and instruments, tools, and accessories connected therewith. The Sealer is authorized to charge for any such inspection or testing and shall base the fee upon the inspector's hourly rate, benefits and department overhead charges. The fee for equipment rental shall be the fee established by the Division of Measurement Standards pursuant to provisions of Division 5, Chapter 2, Section 12212 of the California Business and Professions Code as may be amended from time to time. Non-commercial instruments operated by a not-for-profit agency such as law enforcement, schools or athletic leagues shall not be charged an inspection or testing fee.

(Ord. 4250 § A (part), 2004: Ord. 3734, 1994)

When inspecting, testing, calibrating, and/or certifying to the accuracy of any weighing or measuring device or instrument pursuant to Sections 7.60.090 and 7.60.100, the Sealer may charge a fee for the time he or she or his or her staff devotes to the test that is not otherwise provided for in this Chapter.

(Ord. 4250 § A (part), 2004: Ord. 3734, 1994)