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

5.20.010 Purpose.

5.20.020 Definitions.

5.20.030 Registration certificate required.

5.20.040 Application for certificates.

5.20.050 Fees.

5.20.060 Issuance.

5.20.070 Transfer.

5.20.080 Replacement.

5.20.090 Delinquency.

5.20.100 Posting.

5.20.010 Purpose.

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).

5.20.020 Definitions.

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).

5.20.030 Registration certificate required.

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).

5.20.040 Application for certificates.

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).

5.20.050 Fees.

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

2. Beginning July 1, 2007, through June 30, 2008, 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
$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

3. Beginning July 1, 2008, and thereafter, 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
$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.
A person or entity subject to the registration fees set forth in this section may apply in writing to the board of supervisors for a waiver or reduction of all or a part of the applicable registration fees, which application shall state the basis for the requested waiver or reduction. The board of supervisors shall consider the application for waiver or reduction of registration fees, and may, upon a finding of good cause therefor having been shown, grant such waiver or reduction of registration fees as it deems appropriate.
This section shall take effect thirty days after its enactment. (Ord. 512-C §§ 2--4, 2006).

5.20.060 Issuance.

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).

5.20.070 Transfer.

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).

5.20.080 Replacement.

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).

5.20.090 Delinquency.

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).

5.20.100 Posting.

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).