Sutter County Municipal Code Ch. 215 Registration Requirements for Commercial Weighing and Measuring Devices

The purposes of this chapter are to establish a system for the registration of weighing and measuring devices and to recover the costs of inspecting and testing such devices, as provided for by Business and Professions Code sections 12240 through 12246.

(Ord. No. 1657, 3-12-2019)

As used in this chapter, the following terms and phrases have the following meanings:

Weighing and measuring devices means the following devices and any other device classified by the State Director of Food and Agriculture as coming within Business and Professions Code section 12240.

(1) Electric meters.

(2) All cord/wire and fabric meters.

(3) Liquid meters.

(4) Liquefied petroleum ("LP") meters.

(5) Taximeters.

(6) Vapor meters.

(7) Water meters.

(8) Computing scales/point-of-sale ("POS") systems/counter scales.

(9) Monorail and meat beam scales.

(10) Platform scales.

(11) Jewelers scales.

(12) Hanging scales.

(13) Odometers.

(14) Vehicle scales.

(15) Hopper scales.

(16) Compressed natural gas (CNG), Liquified natural gas (LNG) meters.

NOTE: For electric and vapor meters, each house or mobilehome is considered a separate location except in a mobilehome park or apartment complex where the park or complex is considered one location.

Commercial purposes has the meaning assigned to it by Business and Professions Code section 12500.

Director means the director of weights and measures appointed by the Sutter County Board of Supervisors and his duly authorized agents.

Location means the room, enclosure, building, space, or area where one or more weighing and measuring devices are located or operated.

(Ord. No. 1657, 3-12-2019)

All weighing and measuring devices used for commercial purposes within the County of Sutter shall be registered with the Director. Every owner of such weighing or measuring devices used or located within, or dispatched or operated from any location within, the County of Sutter on the effective date of this chapter shall register such devices with the Director within 60 days from the effective date of this chapter. Every owner of such measuring or weighing devices acquired for use within the County of Sutter after the effective date of this chapter shall register such devices with the Director within 60 days of acquisition. Every owner of such weighing or measuring devices relocated within the County of Sutter shall registered the new locations of such devices with the Director within 60 days of relocation. The requirements imposed by this section shall not apply to the following devices:

(a) Farm milk tanks. In addition, for LP-gas vapor meters, a certificate shall be issued based on an annual count of each LP-gas dealer's meters located in the county, and, if the number of meters changes during the year, no additional certificate(s) shall be required.

([1087] 1438, Sec. 1, Jan. 9, 2007; Ord. No. 1657, 3-12-2019)

No person may use, operate, or own any weighing or measuring device required to be registered pursuant to section 215-030 without having on the premises a valid 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 or any other public entity.

(Ord. No. 1657, 3-12-2019)

An application for a registration certificate must be submitted to the Director in the form he prescribes. Upon receipt of a completed application and the payment of the registration fee described in section 215-070, the Director shall issue a registration certificate.

(Ord. No. 1657, 3-12-2019)

A registration certificate remains valid only so long as the holder pays the annual registration fees described in section 215-070. Failure to pay such fees when due results in automatic termination of a certificate.

(Ord. 1087, Sec. 1; Dec. 18, 1990; Ord. No. 1657, 3-12-2019)

(a) Annual Registration Fees. The Director shall charge an annual registration fee for commercial weighing and measuring devices registered under this chapter. The annual registration fee shall include a business location fee as specified in subdivision (1), a device fee as specified in subdivision (2) and a State administrative fee as specified in subdivision (3).

(1) The Business Location Fee shall be the maximum amount set forth in California Business and Professions Code section 12240(f), as amended from time to time, per business location.

a. For purposes of this section, a single business location is defined as:

1. Each business location that uses one or more categories or types of commercial devices as set forth in subdivisions (2)(A) to (2)(H), inclusive, and in subdivision (2)(J), that require the use of specialized testing equipment and that necessitates not more than one inspection trip by a weights and measures official.

2. A scale or device used in a certified farmers' market, as defined by section 113745 of the Health and Safety Code, is not required to be registered in the county where the market is conducted, if the scale or device has an unexpired seal for the current year, issued by a licensed California sealer. The annual registration for a scale or device used in a certified farmers' market, which is delivered to the Directors office for testing, shall consist of the device fee and State administrative fees only.

3. Each vehicle, except those vehicles that are employed in vehicle rental transactions, in which one or more commercial devices is installed and used.

4. For vehicles that are employed in vehicle rental transactions and that are not subject to section 1936 of the Civil Code, each business location at which vehicles are stored or maintained by a vehicle rental company for the purposes of renting vehicles to customers.

5. A facility that meets all of the following criteria shall not be considered a business location for the purposes of this paragraph: (1) The facility is not wholly, or in part, owned, leased, or operated by the vehicle rental company, (2) The facility is not operated or staffed by an employee of the vehicle rental company, and (3) The facility stores or maintains, on a temporary basis, vehicles at the location for customer convenience.

6. If a person files a complaint with the county sealer regarding the accuracy of an odometer in a vehicle found or located at a facility described in subparagraph (4), the county sealer may charge a fee to the operator of the vehicle rental company sufficient to recover but not to exceed, the reasonable cost of testing the device in investigation of the complaint.

(2) Device Fees.

a. For marinas, mobile home parks, recreational vehicle parks and apartment complexes, where the owner of the marina, park, or complex owns and is responsible for the utility meters, the device fee shall be:

1. Water Submeters: The maximum amount set forth in California Business and Professions Code section 12240(g), as amended from time to time, per device per space or apartment.

2. Electric Submeters: The maximum amount set forth in California Business and Professions Code section 12240(g), as amended from time to time, per device per space or apartment.

3. Vapor Submeters: The maximum amount set forth in California Business and Professions Code section 12240(g), as amended from time to time, per device per space or apartment.

b. For weighing devices, other than livestock:

1. Capacities of 10,000 pounds or greater, the device fee shall be the maximum amount set forth in California Business and Professions Code section 12240(h), as amended from time to time, per device.

2. Capacities of at least 2,000 pounds but less than 10,000 pounds, the device fee shall be the maximum amount set forth in California Business and Professions Code section 12240(h), as amended from time to time, per device.

c. For livestock scales:

1. Capacities of 10,000 pounds or greater, the device fee shall be the maximum amount set forth in California Business and Professions Code section 12240(k), as amended from time to time, per device.

2. Capacities of at least 2,000 pounds but less than 10,000 pounds, the device fee shall be the maximum amount set forth in California Business and Professions Code section 12240(k), as amended from time to time, per device.

d. For liquefied petroleum gas (LPG) meters, truck mounted or stationary, the device fee shall be the maximum amount set forth in California Business and Professions Code section 12240(l), as amended from time to time, per device.

e. For compressed natural gas (CNG) and liquified natural gas (LNG) meters, truck mounted or stationary, the device fee shall be the maximum amount set forth in California Business and Professions Code section 12240(l), as amended from time to time, per device.

f. For wholesale and vehicle meters, the device fee shall be the maximum amount set forth in California Business and Professions Code section 12240(m), as amended from time to time, per device.

g. For computing scales, the device fee shall be the maximum amount set forth in California Business and Professions Code section 12240(n), as amended from time to time, per device. For purposes of this subdivision, the portion of the annual registration fee consisting of the business location fee and the device fees authorized by this subdivision shall not exceed the maximum amount set forth in California Business and Professions Code section 12240(n), as amended from time to time, for each business location.

h. For Jewelry and prescription scale, the device fee shall be the maximum amount set forth in California Business and Professions Code section 12240(o), as amended from time to time, per device.

i. For weighing devices, other than computing , jewelry and prescription scales as defined in subdivisions (e) and (f), with capacities of at least 100 pounds but less than 2,000 pounds, the device fee shall be the maximum amount set forth in California Business and Professions Code section 12240(p), as amended from time to time, per device.

j. For vehicle odometers utilized to charge mileage usage fees in vehicle rental transactions or in computing other charges for service, including, but not limited to, ambulance, towing, or limousine services, the device fee shall the maximum amount set forth in California Business and Professions Code section 12240(q), as amended from time to time, per device.

1. This section does not apply to odometers in rental passenger vehicles, as defined in Section 465 of the Vehicle Code, that are subject to Section 1936 of the Civil Code. If a person files a complaint with the county sealer regarding the accuracy of a rental passenger vehicle odometer, the county sealer may charge a fee to the operator of the vehicle rental business sufficient to recover, but not exceed, the reasonable cost of testing the device in investigation of the complaint.

2. For vehicle odometers utilized to charge mileage usage fees in vehicle rental transactions involving non-passenger vehicles that are not subject to Section 1936 of the Civil Code, the portion of the annual registration fee consisting of the business location fee and the device fee authorized pursuant to subdivision (J) shall not exceed the maximum amount set forth in California Business and Professions Code section 12240(s), as amended from time to time, for each business location.

k. For all other commercial weighing or measuring devices not listed in subdivisions (a) to (h) inclusive, the device fee shall not exceed the maximum amount set forth in California Business and Professions Code section 12240(t), as amended from time to time, per device. For the purposes of this subdivision, the total portion of the annual registration fee consisting of the business location fee and the device fees authorized by this subdivision shall not exceed the maximum amount set forth in California Business and Professions Code section 12240(t), as amended from time to time, for each business location.

(3) State Administrative Fee. The Director shall charge a state administrative fee as authorized in Section 12241 of the California Business & Professions code and adopted by the Secretary of the California Department of Food & Agriculture in Title 4, Article 3, Section 4075 of the California Code of Regulations.

(4) The Director shall not issue a registration certificate until the annual registration fees required by this subsection is paid in full.

(5) After a certificate is issued, the annual registration fee will be due before January 1st of each year.

(6) This subsection does not apply to animal and livestock scales used at the Yuba Sutter Fairgrounds.

(b) Service Fees. The Director shall charge the following fees for services provided by the Sutter County Department of Agriculture:

(1) With the exception of subsection (2) through (4), labor and mileage billing rates for service-related activities (i.e. non-commercial device inspections) shall be set by resolution of the Board of Supervisors.

(2) For inspection of commercial weighing or measuring devices, at the request of the owner or user of such device, when such inspection or testing could legally be performed by a registered repairman, the Director shall charge a fee based upon a uniform fee schedule as authorized in Section 12210.5 of the California Business and Professions Code and adopted by the Secretary of the California Department of Food and Agriculture.

([1087, 1330,1438] Ord. 1579, Sec. 1; Dec. 4, 2012; Ord. No. 1657, 3-12-2019; Ord. No. 1710, § 1, 8-8-2023; Ord. No. 1726, § 1, 10-22-2024)

A registration certificate may be issued to a corporation duly authorized to transact business in this state or to any person operating under a fictitious name who has complied with the provisions of division 7, part 3, chapter 5 of the Business and Professions Code (commencing with section 17900). Otherwise, all 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 by this chapter may be conducted under any false or fictitious name. A certificate issued to a corporation shall designate the corporation by the exact name that appears in its articles of incorporation.

(Ord. 1087, Sec. 1, Dec. 18, 1990; Ord. No. 1657, 3-12-2019)

A registration certificate is not transferable. A certificate is valid only for the specific device or devices for which it is issued and, if the device or devices are to be used at a fixed location, for the specific location for which it is issued. Notwithstanding the foregoing, replacement of specific devices requires no new certificate.

(Ord. No. 1657, 3-12-2019)

If a current registration certificate has been lost, damaged, or defaced, the person to whom it was issued may obtain a replacement upon payment of a $10.00 replacement fee.

(Ord. No. 1657, 3-12-2019)

Every person using any weighing or measuring device for which a registration certificate is required under this chapter shall keep the certificate conspicuously posted at all times at the location where the device is used.

(Ord. No. 1657, 3-12-2019)

Violation of this chapter is unlawful and may be prosecuted as either a misdemeanor or an infraction, at the discretion of the district attorney. Violation of this chapter shall be punishable as follows:

(a) Every person convicted of an infraction shall be punished by a fine not exceeding one hundred dollars ($100.00) upon a first conviction, by a fine not exceeding two hundred dollars ($200.00) upon a second conviction of the same provision within a period of one year, and by a fine not exceeding five hundred dollars ($500.0) upon a third or any subsequent conviction of the same provision within a period of one year. For purpose of this subsection, a bail forfeiture shall be deemed to be a conviction of the offense charged.

(b) Every person convicted of a misdemeanor shall be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the Sutter County jail for not more than six months, or by both such fine and imprisonment.

(Ord. 1087, Sec. 1, Dec. 18, 1990; Ord. No. 1657, 3-12-2019)