Santa Barbara County Municipal Code Ch. 34C Weights and Measures

Footnotes:

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Editor's note— Ord. No. 12-4831, adopted April 10, 2012, amended Ch. 34C in its entirety to read as set out herein. The former Ch. 34C, §§ 34C-1—34C-11, pertained to similar subject matter and derived from Ord. No. 4209, §§ 1—4; Ord. No. 4091, §§ 1, 2; Ord. No. 3425, § 1; and Ord. No. 3389, § 1.

The purpose of this chapter is to establish a system for registering weighing and measuring devices, point of sale systems, and packers; to recover the costs of inspecting and testing such devices pursuant to Business and Professions Code Section 12210; and to recover the costs of carrying out Business and Professions Code Section 12211. The authority for this chapter is Business and Professionals Code Sections 12240—12246.

(Ord. No. 12-4831, 4-10-2012)

For the purpose of this chapter, the terms set forth below shall have the following definitions:

(a) The term "weighing and measuring device" means those "weighing instruments" and "measuring instruments" as defined by Business and Professions Code Section 12500, owned privately and used commercially, and includes, but is not limited to:

(1) Electric meters;

(2) Cordage, wire and fabric meters;

(3) Liquid meters;

(4) Liquefied petroleum gas meters;

(5) Taximeters;

(6) Gas vapor meters;

(7) Water meters;

(8) Lubricant meters;

(9) Odometers;

(10) Gasoline/motor fuel dispensers;

(11) Counter scales;

(12) Meat beam and monorail scales;

(13) Platform and dormant scales;

(14) Animal and livestock scales;

(15) Jewelry and prescription scales;

(16) Vehicle scales;

(17) Computing scales and point of sale systems;

(18) Spring (hanging) scales;

(19) Hopper and tank scales;

(20) Recycling machines;

(21) Water vending machines.

(b) The term "commercial purpose" shall have the meaning assigned to it by Business and Professions Code Section 12500.

(c) The term "business location" shall mean:

(1) Each vehicle containing one or more commercial devices.

(2) Each business establishment that uses commercial weighing and/or measuring devices that require the use of specialized testing equipment and that necessitates not more than one inspection trip by a weights and measures official.

(3) Each water vending machine and other similar equipment placed at the location of one business, but owned and operated by another.

(4) Each house, apartment complex, or mobile home containing an electric, vapor, or water submeter, except that a mobile home park shall be considered a single business location.

(d) The term "office of weights and measures" means the office of the sealer or director of weights and measures for the County of Santa Barbara, and her/his duly authorized agents.

(e) The term "person" shall have the meaning assigned to it by section 1-2 of the Santa Barbara County Code and Business and Professions Code Section 12011.

(f) The term "point of sale system" shall mean any system used by a retail establishment such as, but not limited to, Universal Product Code (UPC) scanners or an electronic price look-up system that is used as a means of determining the price of the item being purchased by a consumer.

(g) The term "packer" shall mean any person engaged in wrapping or packaging a commodity within Santa Barbara County prior to and for the purpose of sale wherein the item wrapped or packaged is sold on the basis of weight, count, volume, or area

(Ord. No. 12-4831, 4-10-2012)

No person shall use any weighing or measuring device, or point of sale system for commercial purposes, or operate as a packer without having a current Santa Barbara County registration certificate.

(Ord. No. 12-4831, 4-10-2012)

The director shall issue registration certificates that shall be valid upon receipt of the applicable fee prescribed in the current agricultural commissioner's fee schedule. A registration certificate shall be valid for the calendar year specified on the certificate and shall expire on December 31st of that year.

(Ord. No. 12-4831, 4-10-2012)

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 the provisions of Business and Professions Code Sections 17900—17930. 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. No. 12-4831, 4-10-2012)

If a current registration certificate is lost, a replacement will be issued upon payment of a fee of ten dollars.

(Ord. No. 12-4831, 4-10-2012)

A registration certificate is not transferable from one person to another, and is valid only for the specific weighing and measuring devices, point of sale system, or packer specified on the certificate.

(Ord. No. 12-4831, 4-10-2012)

Every person issued a registration certificate is required under the provisions of this chapter to keep such certificate conspicuously posted at all times at the business location specified on the certificate.

(Ord. No. 12-4831, 4-10-2012)

Any registrant who fails to remit any and all fees within sixty days of issuance of a registration certificate shall be considered delinquent and subject to a fine of one hundred percent of the annual registration fee which shall be added to the overdue amount

(Ord. No. 12-4831, 4-10-2012)

Inspections of weighing and measuring devices shall be conducted pursuant to Business and Professions Code Section 12212. Inspections of point of sale systems shall be conducted pursuant to Business and Professions Code Section 13350. Inspection of packers shall be conducted pursuant to Business and Professions Code Section 12609.

(Ord. No. 12-4831, 4-10-2012)