Chapter 5.20 WEIGHTS AND MEASURES-COMMERCIAL WEIGHING AND MEASURING DEVICE REGISTRATION

The purpose of this chapter is to recover the costs of inspecting or testing weighing and measuring devices as required by Business and Professions Code Section 12210 and to recover the costs of carrying out the provisions of Business and Professions Code Section 12211. (Ord. 512-D §1, 2006: Ord. 512 §2(part), 1988).

For the purpose of this chapter, the following terms shall be defined as set forth below:
“Commercial purposes” shall have the meaning assigned to it by Section 12500 of the Business and Professions Code.
“Location” is defined as:
1. Each vehicle containing one or more commercial devices.
2. Each business location that uses different categories or types of commercial devices that require the use of specialized testing equipment and that necessitates not more than one inspection trip by a weights and measures official.
3. “Sealer” means the agricultural commissioner/sealer.
“Weighing and measuring devices” means and includes all of those devices required to be inspected by the sealer pursuant to Section 12210 of the California Business and Professional Code. (Ord. 512-D §2, 2006: Ord. 512 §2(part), 1988).

No person shall use any weighing or measuring device for commercial purposes without having a current annual registration certificate for such device. The certificate shall be in addition to any other certificate, license or permit which may be required by the county or any other governmental entity. (Ord. 512 § 2(part), 1988).

An application for a registration certificate must be submitted to the sealer in the form prescribed by him. The sealer shall, upon receipt of the completed application and the payment of the applicable fee described herein, validate a current registration certificate, which shall expire on the next occurring June 30th. (Ord. 512-D §3, 2006: Ord. 512 §2(part), 1988).

A. An annual registration fee shall be charged for the fiscal year (July 1st through June 30th) or any part thereof, for all weighing and measuring devices requiring a registration certificate as provided for in this chapter. Pursuant to California Business and Professions Code Sections 12240(e) and 12240(f), the annual registration fees are established as follows:
1. Beginning July 1, 2006, through June 30, 2007, the following device registration fees shall be in effect:

Device Type	Location Fee Per Each Location	Device Fee Per Each Device at One Location
Livestock scales > 10,000 lbs	$60.00 per location	$90.00 per device
Livestock scales 2,000 to 10,000 lbs	60.00 per location	60.00 per device
Other scales > 10,000 lbs	60.00 per location	150.00 per device
Other scales 2,000 to 10,000 lbs	60.00 per location	90.00 per device
LPG meters	60.00 per location	105.00 per device
Wholesale and vehicle meters	60.00 per location	15.00 per device
Business with one scale < 40 lbs*	60.00 per location	12.00 per device
All others	60.00 per location	12.00 per device
Electric, vapor and water meters	60.00 per location	2.00 per device
Farmers market - scales with no permanent location if brought to Ag. commissioner’s office for registration	0.00	40.00 per device

Device Type	Location Fee Per Each Location	Device Fee Per Each Device at One Location
Livestock scales > 10,000 lbs	$80.00 per location	$120.00 per device
Livestock scales 2,000 to 10,000 lbs	80.00 per location	80.00 per device
Other scales > 10,000 lbs	80.00 per location	200.00 per device
Other scales 2,000 to 10,000 lbs	80.00 per location	120.00 per device
LPG meters	80.00 per location	140.00 per device
Wholesale and vehicle meters	80.00 per location	20.00 per device
Business with one scale < 40 lbs*	80.00 per location	16.00 per device
All others	80.00 per location	16.00 per device
Electric, vapor and water meters	80.00 per location	2.00 per device
Farmers market - scales with no permanent location if brought to Ag. commissioner’s office for registration	0.00	40.00 per device

Device Type	Location Fee Per Each Location	Device Fee Per Each Device at One Location
Livestock scales > 10,000 lbs	$100.00 per location	$150.00 per device
Livestock scales 2,000 to 10,000 lbs	100.00 per location	100.00 per device
Other scales > 10,000 lbs	100.00 per location	250.00 per device
Other scales 2,000 to 10,000 lbs	100.00 per location	150.00 per device
LPG meters	100.00 per location	175.00 per device
Wholesale and vehicle meters	100.00 per location	25.00 per device
Business with one scale < 40 lbs*	100.00 per location	20.00 per device
All others	100.00 per location	20.00 per device
Electric, vapor and water meters	100.00 per location	2.00 per device
Farmers market - scales with no permanent location if brought to Ag. commissioner’s office for registration	0.00	40.00 per device

B. Total annual registration fees for “All others,” as designated above, shall not exceed one thousand dollars for a single business location. For purposes of this section, a single business location is defined as:
1. Each vehicle containing one or more devices;
2. Each business location that uses different categories or types of devices that require the use of specialized testing equipment and necessitates not more than one inspection trip by a weights and measures official.
C. Marinas, mobile home parks, recreational vehicle parks and apartment complexes, where the owner of the park or complex owns and is responsible for the utility meters, shall pay fees of two dollars per device per space or apartment. Mobile home parks, recreational vehicle parks and apartment complexes for which the above fees are assessed shall be inspected and tested as frequently as required by regulation. Location fees shall be charged as indicated at the provisions for “Electric, vapor and water meters,” above.
D. This section does not apply to farm milk tanks.
(Ord. 512-C §2, 2006).

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 Chapter 5 (commencing with Section 17900 of Part 3 of Division 7 of the Business and Professions Code). Otherwise all such certificates shall be issued in the true name of the applicant. (Ord. 512 §2(part), 1988).

A registration certificate is transferable from one person to another, but is valid only for the specific devices and, if the devices are to be used at a fixed location, for the specific location for which it is issued. Replacement of specific devices shall be allowed without a new certificate being required. (Ord. 512 §2(part), 1988).

If a current registration certificate has been lost or destroyed, the person to whom it was issued may obtain a replacement from the sealer upon payment of a replacement fee of five dollars. (Ord. 512 §2(part), 1988).

Invoices for device registration fees shall be considered due upon receipt. Any person failing to obtain or renew a permit on or before August 15th of each year shall be subject to a penalty of fifty percent of the total annual registration fee. Registration and/or penalty fees which remain unpaid as of September 1st of each year will be forwarded to Madera County revenue services for collection. (Ord. 512-D §4, 2006: Ord. 512A §2, 1993: Ord. 512 §2(part), 1988).

Every person using any weighing or measuring device 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 where such device is being used. (Ord. 512 § 2(part), 1988).