This article shall be known as the "Weights and Measures Registration Ordinance of the City of Wildomar."
(Ord. 18 § 2, 2008, RCC § 5.56.010)
The purpose of this article is to establish a procedure for registering weighing and measuring instruments and to recover the costs of inspecting and testing such instruments pursuant to Section 12210 of the California Business and Professions Code. The authority for this article is Division 5, Chapter 2, Article 2.1 (beginning with Section 12240) of the California Business and Professions Code. The ordinance codified in 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 § 5.56.020)
Unless otherwise specifically provided or required by the next context, certain terms or expressions used in this article have meanings as set forth below:
shall have the meaning assigned to it by Section 12500 of the California Business and Professions Code.
shall have the meaning assigned to it by Section 12011 of the California Business and Professions Code.
means the sealer of weights and measures of the City and his or her duly authorized agents.
means as defined in Section 12240 of the California Business and Professions Code.
means "weighing instruments" or "measuring instruments" as each are respectively defined by Section 12500 of the California Business and Professions Code.
means the weights and measures division of the City.
(Ord. 18 § 2, 2008, RCC § 5.56.030)
No person shall use or operate any weighing or measuring instruments 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 City.
(Ord. 18 § 2, 2008, RCC § 5.56.040)
An application for a registration certificate shall be submitted to the sealer in the form prescribed by the sealer. The sealer may waive the requirement of an application in those cases in which the sealer has the information and data required by the application. The sealer shall issue the registration certificate when the sealer has the required information and data, either by receipt of the application or by any other means, and upon payment of the application fee.
(Ord. 18 § 2, 2008, RCC § 5.56.050)
The term of each registration certificate shall be from January 1st through December 31st of each calendar year. Renewal of a registration certificate shall be made in a manner similar to the issuance of the original registration certificate. Registration certificates not renewed by January 31st shall be considered expired until such time as the registration certificate fee and applicable penalty have been received by the City.
(Ord. 18 § 2, 2008, RCC § 5.56.060)
The fees for the registration certificate and the annual renewal registration certificate fee shall be assessed at the maximum amount authorized in Section 12240 of the California Business and Professions Code. If the registration or renewal payment is late, there shall also be assessed the late registration penalty fee set forth in Section 5.52.080 of this chapter.
(Ord. 18 § 2, 2008, RCC § 5.56.070)
To any registration certificate fee not submitted by January 31st of the year for which the fee is due, there shall be added a late fee as follows:
A.
To any registration certificate fee paid late between January 31st and March 31st of the year for which the fee is due, there shall be added a penalty fee of $50.00.
B.
If a registration certificate fee is not paid by March 31st of the year for which the fee is due, then the registration certificate shall become invalid and any devices still in use shall be labeled out of use by the City until the registration certificate has been reinstated. The registration certificate shall be reinstated only upon payment of the registration certificate fee and the penalty.
(Ord. 18 § 2, 2008, RCC § 5.56.080)
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 of the provisions of Chapter 5 (commencing with Section 17900) of Part 3 of Division 7 of the California Business and Professions Code. Otherwise, all such certificates shall be issued in the true name of the applicant. Except as above provided, no business, occupation or activity for which a certificate is required may be conducted under any false or fictitious name. A registration certificate issued to a corporation shall designate such corporation by the exact name which appears in the articles of incorporation of such corporation.
(Ord. 18 § 2, 2008, RCC § 5.56.090)
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 $10.00.
(Ord. 18 § 2, 2008, RCC § 5.56.100)
A registration certificate is not transferable from one person to another. Instruments that are to be used on a mobile unit will be registered to one person and each vehicle shall constitute a location.
(Ord. 18 § 2, 2008, RCC § 5.56.110)
A.
It is unlawful for any person to violate any provision of this article, or to violate the provisions of any registration certificate granted pursuant to this article. Any person violating any provision of this article or the provisions of any registration certificate granted pursuant to this article, shall be deemed guilty of an infraction or misdemeanor as hereinafter specified. Such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this article or the provisions of any registration certificate granted pursuant to this article, is committed, continued or permitted.
B.
Any person so convicted shall be: (1) guilty of an infraction offense and punished by a fine not exceeding $100.00 for a first violation; (2) guilty of an infraction offense and punished by a fine not exceeding $200.00 for a second violation. The third and any additional violations shall constitute a misdemeanor offense and shall be punishable by a fine not exceeding $1,000.00 or six months in jail, or both.
C.
Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor.
D.
Payment of any penalty herein shall not relieve a person from the responsibility for correcting the violation.
(Ord. 18 § 2, 2008, RCC § 5.56.120)
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:
shall have the meaning assigned to it by Section 12500 of the California Business and Professions Code.
means the sealer of weights and measures of the Department of Agriculture and his or her duly authorized agents.
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.
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:
Type of Device | Price Per Hour |
|---|---|
Small-Capacity Scales | $ 85.00* |
Large-Capacity Scales (all scales exceeding 3,000 lbs. capacity) | 100.00*; 130.00* |
Retail Gasoline Dispensers | 70.00 |
Wholesale Petroleum Meters | 70.00 |
Liquefied Petroleum Gas Meters | 70.00 |
All Other Devices | 70.00 |
Notes: | |
|---|---|
* | Mileage charge to be added for scale testing. |
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:
Type of Device | Price Per Hour |
|---|---|
Small-Capacity Scales | $ 85.00* |
Large-Capacity Scales (all scales exceeding 3,000 lbs. capacity) | 100.00*; 130.00* |
Retail Gasoline Dispensers | 70.00 |
Wholesale Petroleum Meters | 70.00 |
Liquefied Petroleum Gas Meters | 70.00 |
All Other Devices | 70.00 |
Notes: | |
|---|---|
* | Mileage charge to be added for scale testing. |
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)