San Joaquin County Municipal Code Ch. 1 Inspection or Testing of Weighing and Measuring Devices

The purpose of this chapter is to require the registration of certain weighing and measuring devices used for commercial purposes with the County and to establish a system of fees to recover the costs of inspecting and testing such devices pursuant to the provisions of Article 2.1 (commencing with Section 12240), Chapter 2, Division 5, of the Business and Professions Code of the State of California.

(Ord. 3151; 3377; 3520)

(1) "Commercial Purposes" means all of those purposes included within the definition "commercial purposes" contained in Section 12500 of the California Business and Professions Code.

(2) "Location" means the room, enclosure, building, space or area identified by a single street address where one or more weighing or measuring devices are located or operated, or from which such devices are operated or dispatched. If the device is not operated at a fixed location or regularly operated from or dispatched from a fixed location, the location of the device is the address of the owner.

(3) "Measuring Device" means any approved device, contrivance, apparatus, or instrument used or designed to be used for ascertaining measure for commercial purposes, and includes any tool, appliance, or accessory used or connected therewith.

(4) "Weighing Device" means any approved device, contrivance, apparatus or instrument ascertaining weight for commercial purposes and includes any tool, appliance or accessory used or connected therewith.

(Ord. 3151; 3377; 3520)

Weighing and measuring devices, as cited in Article 2.1 of Chapter 2 of Division 5 of the Business and Professions Code of California, that are used for commerce in San Joaquin County shall be registered with the San Joaquin County Sealer.

(Ord. 3151; 3377; 3520; 3732)

(a) Every owner of weighing or measuring devices used or located within the County or dispatched or operated from any location within the County shall, by the first day of January of each calendar year, register the location or place of dispatch of such device with the County Agricultural Commissioner/Sealer.

(b) Every owner or user of weighing or measuring devices, who establishes a new location in the County after the first day of January, shall register the location within sixty (60) days. Any devices registered after the thirtieth day of June shall pay half the yearly fee. If not so registered, the owner shall pay in addition a delinquent penalty equal to one-half the required annual fee but not to exceed one hundred dollars ($100.00).

(c) Each registration shall expire on December 31st of the year of its issuance and shall be renewed by January 1st, of the following year.

(Ord. 3151; 3377; 3520; 3796)

(a) An annual registration fee shall be paid by the owner or user before a registration certificate will be issued or renewed. The annual registration fee shall be the amount set forth in Section 12240, Article 2.1, Chapter 2, Division 5, of the California Business and Professions Code.

(b) When a liquefied petroleum gas dealer commercially uses vapor meters at more than one location, the registration fee will be based on an annual count of meters used within the County on the first day of January of the calendar year. Notwithstanding paragraph (a) above, the fee shall be two dollars ($2.00) per meter. Changes in the count of meters during the calendar year will have no effect on the registration fee.

(c) Notwithstanding paragraph (a) above, where a scale of less than two hundred fifty (250) pounds capacity is delivered to the Division of Weights and Measures for testing, the fee shall be ten dollars ($10.00) per device. The maximum number of scales allowed under the provisions of this section is three (3) scales per owner or user per year.

(d) Device registration fees shall become delinquent after the first day of March. Mailed applications shall be postmarked no later than midnight of the first day of March. The delinquent penalty shall be half of the required annual fee but not to exceed one hundred dollars ($100.00).

(Ord. 3151; 3377; 3520; 3732; 3764; 3796)

The following measuring and weighing devices shall be exempt from this registration requirement:

All exemptions as cited in Article 2.1 of Chapter 2 of Division 5 of the Business and Professions Code of California.

(Ord. 3151; 3377; 3520; 3732)

If a current registration certificate has been lost, damaged or defaced, the person to whom it was issued shall obtain a replacement upon payment of a five dollar ($5.00) fee.

(Ord. 3151; 3377; 3520)

A registration certificate is not transferable from one person to another, and is valid only for the specific devices.

(Ord. 3151; 3377; 3520)

Every person using any weighing or measuring device for which a registration certificate is required under the provisions of this chapter shall keep the certificate at the registered location and shall make such certificate available to any weights and measures inspector upon request.

(Ord. 3151; 3377; 3520)

Any person violating any of the provisions of this article shall be guilty of an infraction.

(Ord. 3151; 3377; 3520)