Article 9 — Commercial Weighing and Measuring Instruments

Footnotes: --- (1) ---

Editor's note— (Added to Code 1/18/83—Ord. 3629)

6296-1 - Purpose and authority.

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

(Am. Ord. 4335—12/13/05; Ord. No. 4594, § I, 1-25-2022)

6296-2 - Definitions.

For the purpose of this Article, unless the context otherwise requires:

(a)

The term "certified farmers' market" shall have the meaning assigned to it by Section 27512 of the Health and Safety Code.

(b)

The term "commercial purposes" shall have the meaning assigned to it by Section 12500 of the Business and Professions Code.

(c)

The term "contract hourly rate" means the hourly cost to the County of providing the services of one (1) Inspector II as established from time to time by the Ventura County Board of Supervisors in accordance with the County's standard accounting procedures.

(d)

The term "location" means the room enclosure, building, space or area where one (1) or more weighing or measuring instrument(s) are located or operated.

(e)

The term "Sealer" means the Ventura County Sealer of Weights and Measures or his or her duly authorized agents.

(f)

The term "person" shall have the meaning assigned to it by Section 10 of this Code and section 12011 of the Business and Professions Code.

(g)

The term "weighing and measuring instruments" shall mean those "weighing instruments" and "measuring instruments" as defined by section 12500 of the Business and Professions Code, excepting, however the following:

(1)

Farm milk tanks;

(2)

Instruments used by a public utility in connection with measuring gas, electricity, water, steam or communication service subject to the jurisdiction of the California Public Utilities Commission.

(h)

The term "Weights and Measures Division" shall mean the Ventura County Agricultural Commissioner/Sealer of Weights and Measures Office.

(i)

The term "co-located business" shall mean a business that meets all of the following conditions:

(1)

Is located in, at or immediately adjacent to another business that pays an annual registration under this article;

(2)

Has the same street address as the other business;

(3)

Is at that location with the written permission of the other business;

(4)

Uses weighing devices with a capacity of thirty (30) or fewer pounds or measuring devices that dispense five (5) or fewer gallons.

(Add. Ord. 3629—11/18/83; Am. Ord. 3676—2/14/84; Am. Ord. 3850—3/22/88; Am. Ord. 4016—12/8/92; Am. Ord. 4047—11/16/93; Am. Ord. 4335—12/13/05; Ord. No. 4594, § I, 1-25-2022)

6296-3 - Registration certificate required.

No person shall use or permit the use of 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. For the purposes of this Section, a person using a weighing or measuring instrument in a certified farmers' market shall be deemed to have a current registration certificate for that instrument if that instrument is affixed with an unexpired seal issued by a licensed county sealer of any county.

(Am. Ord. 3676—2/14/84; Am. Ord. 4047—11/16/93; Am. Ord. 4335—12/13/05; Ord. No. 4594, § I, 1-25-2022)

6296-4 - Application for registration certificate.

An application for a registration certificate must be submitted to the Sealer in the form prescribed by the Sealer. The Sealer shall issue the registration certificate upon receipt of a completed application and payment of the applicable fee prescribed by Section 6296-6.

(Am. Ord. 4335—12/13/05; Ord. No. 4594, § I, 1-25-2022)

6296-5 - Term of registration certificate.

A registration certificate shall be valid for a period of one (1) year from the date of issuance and may be renewed from year to year for successive one-year periods upon payment of the applicable fee prescribed by Section 6296-6.

(Am. Ord. 4335—12/13/05; Ord. No. 4594, § I, 1-25-2022)

6296-6 - Fees.

(a)

Except as otherwise provided in subsections (b) and (c) of this Section, the annual fee for registration of instruments shall be the maximum annual charges allowed by section 12240 of the Business and Professions Code. For the purposes of computing the fee, the location of the instruments shall be their location as of the date on which the certificate is issued.

(b)

The annual fee for weighing instruments used at certified farmers' markets and swap meets which are brought to a county facility for inspection will be half of the maximum fee authorized in subsection (a) of this Section.

(c)

The annual fee for weighing and measuring instruments at a co-located business shall be half the maximum fee authorized in subsection (a) of this Section.

(Add. Ord. 3629—1/18/83; Am. Ord. 3676—2/14/84; Am. Ord. 3850—3/22/88; Am. Ord. 4016—12/8/92; Am. Ord. 4047—11/16/93; Am. Ord. 4335—12/13/05; Ord. No. 4594, § I, 1-25-2022)

6296-7 - Persons to whom certificate issued.

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) of Part 3 of Division 7 of the Business and Professions Code. Except as above provided, no business, occupation or activity for which a certificate is required by this Article 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 corporations.

(Am. Ord. 4335—12/13/05; Ord. No. 4594, § I, 1-25-2022)

6296-8 - Replacement or duplicate certificate.

If a current registration certificate has been lost, or if a duplicate certificate of a current registration is required, the person to whom the lost or original certificate was issued may obtain a replacement or duplicate from the Sealer upon payment of a fee of five dollars ($5.00).

(Am. Ord. 3676—2/14/84; Am. Ord. 4335—12/13/05; Ord. No. 4594, § I, 1-25-2022)

6296-9 - Transfer of certificate.

A registration certificate is not transferable from one (1) person to another, and is valid only for the specific instruments for which it is issued.

(Am. Ord. 3676—2/14/84; Am. Ord. 4335—12/13/05; Ord. No. 4594, § I, 1-25-2022)

6296-10 - Posting certificate.

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

(Am. Ord. 3676—2/14/84; Am. Ord. 4335—12/13/05; Ord. No. 4594, § I, 1-25-2022)

6296-11 - Violations.

(a)

Any person who uses or permits the use of any weighing or measuring instrument in violation of the provisions of Section 6296-3 shall be guilty of a misdemeanor/infraction and shall be guilty of a separate offense for each instrument so used and, in addition, for each day or fraction thereof each such instrument is so used.

(b)

Any person who violates the provisions of Section 6296-10 shall be guilty of a misdemeanor/infraction and shall be guilty of a separate offense for each location where the registration certificate should have been but was not conspicuously posted and, in addition, for each day or fraction thereof that such certificate should have been but was not so posted at each such location.

(c)

A delinquent fee equal to the contract hourly rate for one (1) inspector hour shall be assessed if the registration is not paid within thirty (30) days after it is due.

(Add. Ord. 3676—2/14/84; Am. Ord. 4335—12/13/05; Ord. No. 4594, § I, 1-25-2022)

6296-12 - Deposit and use of fees.

The revenues from any fee prescribed by Section 6296-6 shall be deposited in the general fund of the County and shall be used only for the activities required by sections 12210 and 12211 of the Business and Professions Code.

(Add. Ord. 4047—11/16/93; Am. Ord. 4335—12/13/05; Ord. No. 4594, § I, 1-25-2022)