Article 1 — Weights and Measures Registration

This article shall be known as the "Weights and Measures Registration Ordinance of the County of Riverside."

(Ord. 599.8 § 1 (part), 2006: Ord. 599.7 § 1 (part), 2004: Ord. 599.6 § 1, 1997)

The purpose of this article is to establish a procedure for registering weighing and measuring instruments and to recover the costs of inspecting and testing such instruments pursuant to Section 12210 of the California Business and Professions Code. The authority for this article is Division 5, Chapter 2, Article 2.1 (beginning with Section 12240) of the California Business and Professions Code. The ordinance codified in this article is adopted pursuant to Title 2, Division 2, Part 2, Chapter 1, Article 7 (beginning with Section 25120) of the Government Code.

(Ord. 599.8 § 1 (part), 2006: Ord. 599.7 § 1 (part), 2004: Ord. 599.6 § 2, 1997)

Unless otherwise specifically provided or required by the next context, certain terms or expressions used in this article have meanings as set forth below:

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

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

"Sealer" means the sealer of weights and measures of the county of Riverside and his or her duly authorized agents.

"Single business location" means as defined in Section 12240 of the California Business and Professions Code.

"Weighing and measuring instruments" means "weighing instruments" or "measuring instruments" as each are respectively defined by Section 12500 of the California Business and Professions Code.

"Weights and measures" means the weights and measures division of the county of Riverside.

(Ord. 599.8 § 1 (part), 2006: Ord. 599.7 § 1 (part), 2004: Ord. 599.6 § 5, 1997)

No person shall use or operate any weighing or measuring instruments 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.

(Ord. 599.8 § 1 (part), 2006: Ord. 599.7 § 1 (part), 2004: Ord. 599.6 § 4, 1997)

An application for a registration certificate shall be submitted to the sealer in the form prescribed by the sealer. The sealer may waive the requirement of an application in those cases in which the sealer has the information and data required by the application. The sealer shall issue the registration certificate when the sealer has the required information and data, either by receipt of the application or by any other means, and upon payment of the application fee.

(Ord. 599.8 § 1 (part), 2006: Ord. 599.7 § 1 (part), 2004: Ord. 599.6 § 5, 1997)

The term of each registration certificate shall be from January 1 through December 31 of each calendar year. Renewal of a registration certificate shall be made in a manner similar to the issuance of the original registration certificate. Registration certificates not renewed by January 31 shall be considered expired until such time as the registration certificate fee and applicable penalty have been received by the county.

(Ord. 599.8 § 1 (part), 2006: Ord. 599.7 § 1 (part), 2004: Ord. 599.6 § 6, 1997)

The fees for the registration certificate 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. If the registration or renewal payment is late, there shall also be assessed the late registration penalty fee set forth in Section 5.56.080 of this chapter.

(Ord. 599.8 § 1 (part), 2006: Ord. 599.7 § 1 (part), 2004: Ord. 599.6 § 7, 1997)

To any registration certificate fee not submitted by January 31 of the year for which the fee is due, there shall be added a late fee as follows:

A.

To any registration certificate fee paid late between January 31 and March 31 of the year for which the fee is due, there shall be added a penalty fee of fifty dollars ($50.00).

B.

If a registration certificate fee is not paid by March 31 of the year for which the fee is due, then the registration certificate shall become invalid and any devices still in use shall be labeled out of use by the county until the registration certificate has been reinstated. The registration certificate shall be reinstated only upon payment of the registration certificate fee and the penalty.

(Ord. 599.8 § 1 (part), 2006: Ord. 599.7 § 1 (part), 2004: Ord. 599.6 § 8, 1997)

A registration 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 of the provisions of Chapter 5 (commencing with Section 17900) of Part 3 of Division 7 of the California 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 may be conducted under any false or fictitious name. A registration certificate issued to a corporation shall designate such corporation by the exact name which appears in the articles of incorporation of such cooperation.

(Ord. 599.8 § 1 (part), 2006: Ord. 599.7 § 1 (part), 2004: Ord. 599.6 § 9, 1997)

If a current registration certificate has been lost, the person to whom it was issued may obtain a replacement from the sealer upon payment of a replacement fee of ten dollars ($10.00).

(Ord. 599.8 § 1 (part), 2006: Ord. 599.7 § 1 (part), 2004: Ord. 599.6 § 10, 1997)

A registration certificate is not transferable from one person to another. Instruments that are to be used on a mobile unit will be registered to one person and each vehicle shall constitute a location.

(Ord. 599.8 § 1 (part), 2006: Ord. 599.7 § 1 (part), 2004: Ord. 599.6 § 11, 1997)

It is unlawful for any person to violate any provision of this article, or to violate the provisions of any registration certificate granted pursuant to this article. Any person violating any provision of this article or the provisions of any registration certificate granted pursuant to this article, shall be deemed guilty of an infraction or misdemeanor as hereinafter specified. Such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this article or the provisions of any registration certificate granted pursuant to this article, is committed, continued or permitted.

Any person so convicted shall be: (1) guilty of an infraction offense and punished by a fine not exceeding one hundred dollars ($100.00) for a first violation; (2) guilty of an infraction offense and punished by a fine not exceeding two hundred dollars ($200.00) for a second violation. The third and any additional violations shall constitute a misdemeanor offense and shall be punishable by a fine not exceeding one thousand dollars ($1,000.00) or six months in jail, or both.

Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor. Payment of any penalty herein shall not relieve a person from the responsibility for correcting the violation.

(Ord. 599.8 § 1 (part), 2006: Ord. 599.7 § 1 (part), 2004: Ord. 599.6 § 12, 1997)