Wildomar Municipal Code Art. II Inspection and Testing

This article shall be known as the "Inspection and Testing of Noncommercial Weighing and Measuring Instruments Ordinance."

(Ord. 18 § 2, 2008, RCC § 5.56.130)

The purpose of the article is to establish a schedule of fees for inspecting and testing certain commercial and noncommercial weighing and measuring instruments when the testing can legally be performed by a registered repairperson. Article I of this chapter provides for owners of commercial weighing and measuring instruments to pay registration fees to partially defray the costs of inspecting and testing the instruments. The Business and Professions Code mandates the inspection and testing of these instruments. However, the City has no provision to recover costs for inspecting and testing instruments that are not mandated by the Business and Professions Code, such as noncommercial devices. The authority for this article is Division 5, Chapter 2, Article 2 (beginning with Section 12210) of the California Business and Professions Code. This article is adopted pursuant to Title 2, Division 2, Part 2, Chapter 1, Article 7 (beginning with Section 25120) of the Government Code.

(Ord. 18 § 2, 2008, RCC § 5.56.140)

Unless otherwise specifically provided or required by the context, certain terms or expressions used in this article have meanings as set forth below:

"Commercial purposes"

shall have the meaning assigned to it by Section 12500 of the California Business and Professions Code.

"Sealer"

means the sealer of weights and measures of the Department of Agriculture and his or her duly authorized agents.

"Weighing and measuring instruments"

means "weighing instruments" or "measuring instruments" as each are respectively defined by Section 12500 of the California Business and Professions Code, excepting therefrom any retail scale used primarily for the purpose of weighing feed and seed.

"Weights and Measures Division"

means the Weights and Measures Division of the City of Wildomar.

(Ord. 18 § 2, 2008, RCC § 5.56.150)

All fees shall be based on the recommended schedule of fees published by the Division of Measurement Standards, State Department of Food and Agriculture, as revised from time to time. All fees collected shall be credited to the general fund and used only for the administration and enforcement of laws pertaining to the Weights and Measures Division.

(Ord. 18 § 2, 2008, RCC § 5.56.160)

A. The fees for the inspection and testing of noncommercial weighing and measuring devices shall be paid in accordance with the following schedule. All charges to be on a portal-to-portal basis plus mileage charges as indicated. Standby time will be computed at the same hourly rate as indicated for the particular device:

Notes:

One dollar and fifty cents per mile for any vehicle up to 10,000 pounds GVW, plus $85.00 or $100.00 per hour. Two dollars per mile for vehicles 10,000 pounds to 40,000 pounds GVW, plus $100.00 per hour. Two dollars and fifty cents per mile for vehicles exceeding 40,000 pounds GVW, plus $130.00 per hour.

B. An additional fee of equal amount shall be collected when devices are tested after 5:00 p.m. on week-days, or on Saturdays, Sundays and holidays.

C. No devices will be tested between the hours of 8:00 p.m. and 8:00 a.m.

D. Whenever a device cannot be sealed after the first test, and if additional tests are required, a fee of like amount shall be collected for each additional test.

E. Whenever specialized equipment is rented to perform a requested test, the cost of the rented equipment will be prorated to the requesting agency.

F. All requests for inspection will be made in writing.

(Ord. 18 § 2, 2008, RCC § 5.56.170)

A. The fees for the inspection and testing of commercial weighing and measuring devices when requested by owner/user shall be paid in accordance with the following schedule. All charges to be on a portal-to-portal basis plus mileage charges as indicated. Standby time will be computed at the same hourly rate as indicated for the particular device:

Notes:

One dollar and fifty cents per mile for any vehicle up to 10,000 pounds GVW, plus $85.00 or $100.00 per hour. Two dollars per mile for vehicles 10,000 pounds to 40,000 pounds GVW, plus $100.00 per hour. Two dollars and fifty cents per mile for vehicles exceeding 40,000 pounds GVW, plus $130.00 per hour.

B. An additional fee of equal amount shall be collected when devices are tested after 5:00 p.m. on week-days, or on Saturdays, Sundays and holidays.

C. No devices will be tested between the hours of 8:00 p.m. and 8:00 a.m.

D. Whenever a device cannot be sealed after the first test, and if additional tests are required, a fee of like amount shall be collected for each additional test.

E. Whenever specialized equipment is rented to perform a requested test, the cost of the rented equipment will be prorated to the requesting agency.

F. All requests for inspection will be made in writing.

(Ord. 18 § 2, 2008, RCC § 5.56.180)

Fees for the inspection and testing of weighing and measuring devices shall be due and payable upon completion of the services. Fees not paid upon completion of the services shall be subject to a surcharge of 10% of the total fees together with a charge for costs of collection and attorney fees, if any.

(Ord. 18 § 2, 2008, RCC § 5.56.190)