Santa Barbara County Municipal Code § 3-16 Disposition by sale

It is the purpose and intent of this article to establish a means of identifying the owner of each commercial quantity of avocados so as to provide an additional control over thefts of avocados within the county.

(Ord. No. 2680, § 1)

Whenever in this chapter the following words or phrases are used, they shall mean:

"Commercial quantity of avocados" shall mean any quantity of avocados in excess of forty pounds exclusive of the container.

"Handler" shall mean any person, or authorized agent thereof, who grows, transports, distributes or retails avocados, including but not limited to the following: grower, transporter, packer and wholesale or retail fruitstand.

"Sheriff" shall mean the sheriff of the County of Santa Barbara or any of his duly appointed deputies.

"To transport" shall mean the movement or conveyance by any means whatsoever of a commercial quantity of avocados over any road, street or highway within the unincorporated area of the county.

(Ord. No. 2680, § 1)

Every person who transports a commercial quantity of avocados shall cause a handler's statement to be prepared and retained in his personal possession at all times while transporting said avocados and deliver copy of such statement to each handler of the avocados being transported. Such handler's statement shall contain the following information:

(a) The name, address and telephone number of each handler of the avocados and, if transporting said avocados in a motor vehicle, the license number of that vehicle and the handler's driver's license number.

(b) The date transportation of the avocados begins and estimated time of delivery.

(c) The kind and quantity of avocados being transported.

(d) Points of origin and destination.

(Ord. No. 2680, § 1)

Every handler who delivers or receives a commercial quantity of avocados shall obtain a copy of the handler's statement from the owner or the person transporting or previously transporting said avocados. Each person transporting said avocados and each other handler shall retain a copy of the handlers statement from the owner or the person transporting said avocados. Each person transporting said avocados and each other handler shall retain a copy of the handler's statement for one year following the date on which the transportation of said avocados begins and shall maintain the same for inspection and review at any reasonable time by the sheriff upon his request.

(Ord. No. 2680, § 1)

Any peace officer lawfully detaining any person transporting a commercial quantity of avocados shall be presented with the handler's statement described in section 3-11 on demand.

(Ord. No. 2680, § 1)

Any peace officer, upon reasonable belief that a person is not in legal possession of a commercial quantity of avocados, may seize such avocados without warrant. Upon seizure the peace officer shall take custody of the avocados and turn the same over to the custody of the sheriff. The sheriff shall receive and provide for the care and safekeeping of such avocados in a refrigerated storage facility at a temperature of approximately forty degrees Fahrenheit.

(Ord. No. 2680, § 1)

The sheriff shall make reasonable investigation to ascertain ownership of all commercial quantities of avocados seized pursuant to this chapter. The sheriff shall release custody of said avocados to the rightful owner upon submission to the sheriff of satisfactory proof of ownership and after payment of a reasonable charge sufficient to reimburse the sheriff for costs incurred in storing said avocados.

(Ord. No. 2680, § 1)

If for any reason a commercial quantity of avocados is not released to its rightful owner after being in the custody of the sheriff for five days, the sheriff may sell said avocados by public auction, in the manner and upon the notice of sale as prescribed by law for the sale of perishable property under execution, and after certification pursuant to Food and Agricultural Code, section 44971. All of said avocados remaining unsold after being offered at such public auction may be destroyed or otherwise disposed of by the sheriff. All proceeds derived from the sale of said avocados shall be held by the sheriff for a period of at least six months, during which time the rightful owner of said avocados may submit satisfactory proof of ownership and obtain possession of the proceeds after payment of a reasonable charge sufficient to reimburse the sheriff for costs incurred in storage and sale of said avocados. If no such proof is made, and after retention of the proceeds for a period of at least six months, the sheriff shall deposit such proceeds in the general fund of the county.

(Ord. No. 2680, § 1)

This chapter shall not apply to the transportation of a commercial quantity of avocados which has been certified pursuant to article 6 (commencing with section 42791, chapter 2, division 17), or pursuant to article 2 (commencing with section 44971, chapter 9, division 17) of the Food and Agricultural Code of the state.

(Ord. No. 2680, § 1)

(a) Any person who knowingly provides false information for a handler's statement, includes false information in a handler's statement or any copy thereof shall be guilty of a misdemeanor.

(b) Any person who violates any provision of this article shall be guilty of a misdemeanor.

(Ord. No. 2680, § 1)