Trinity County Municipal Code Ch. 5.30 Commercial Weighing and Measuring Devices

The purpose of this chapter is to establish a system for registering commercial weighing and measuring instruments and to recover costs of inspecting and testing such instruments pursuant to the Business and Professions Code, Section 12210. The authority for this chapter is Article 2.1 (commencing with Section 12240) of Chapter 2 of Division 5 of the Business and Professions Code.

(Ord. 1134 §1(part), 1990)

For the purpose of this chapter, unless the context otherwise requires, the following definitions apply:

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

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

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

D. "Weighing and measuring instruments" or "instrument" means "weighing instruments" and "measuring instruments" as defined by Business and Professions Code Section 12500.

(Ord. 1134 §1(part), 1990)

No person shall use any weighing or measuring instrument 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 or any other public entity.

(Ord. 1134 §1(part), 1990)

An application for a registration certificate must be submitted to the county sealer of weights and measures on a form prescribed by the sealer. The registration certificate shall be issued upon receipt of a completed application and payment of the applicable fee prescribed by Section 5.30.060.

(Ord. 1134 §1(part), 1990)

Each registration certificate shall expire one year from the date of its issuance, which date shall be stated on the certificate. The certificate may thereafter be renewed on an annual basis upon payment of the applicable fee.

(Ord. 1134 §1(part), 1990)

The annual fee for weighing and measuring instruments used throughout the term of the certificate shall be in accordance with Business and Professions Code Section 12240 and as established by the board of supervisors. The annual fees for all other instruments shall be in accordance with such schedule of fees as the board of supervisors may prescribe.

(Ord. 1134 §1(part), 1990)

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 Chapter 5 (commencing with Section 17900) or Part 3 of Division 7 of the Business and Professions Code. Otherwise all such certificates shall be issued in the true name of the owner or possessor. Except as provided in this section, the 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. 1134 §1(part), 1990)

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 five dollars.

(Ord. 1134 §1(part), 1990)

A registration certificate is not transferable from one person to another, and is valid only for the number of instruments registered, and if the instruments are to be used at a fixed location, for the specific location for which it is issued.

(Ord. 1134 §1(part), 1990)

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

(Ord. 1134 §1(part), 1990)

Any person failing to renew a certificate within thirty days following the expiration date set forth on the certificate shall be required to pay an additional sum equal to fifty percent of the registration fee as a penalty for any such delinquency.

(Ord. 1134 §1(part), 1990)

The operation of any commercial weighing or measuring instrument which is not covered by a current registration certificate is a public nuisance.

(Ord. 1134 §1(part), 1990)