A.
It is
the purpose of this chapter to establish a means of identifying the
owner of each commercial quantity of avocados so as to provide a means
of controlling thefts of avocados.
B.
It shall
be unlawful for any person to knowingly provide false information
for a statement of ownership, include false information in a statement
of ownership or alter information contained in a statement of ownership
or any copy thereof.
(Ord. 87-32)
means any quantity of avocados in excess of 40 pounds, exclusive
of the container.
means any person, or authorized agent thereof who grows,
distributes or retails avocados, including, but not limited to the
following: grower, packer and wholesale or retail fruit stand.
means the Sheriff of the County of San Diego or any of his
or her duly appointed deputies.
means the movement or conveyance by means whatsoever of a
commercial quantity of avocados over any road, street or highway within
the City.
A.
Every
person who transports a commercial quantity of avocados shall:
B.
The
statement of ownership shall contain the following information:
1.
The
name, address and telephone number of each person who transports the
avocados;
2.
The
name, address and telephone number of each handler of the avocados;
3.
The
date transportation of the avocados begins and estimated time of delivery;
4.
The
kind and quantity of avocados being transported; and
5.
The
points of origin and destination of the transportation route of the
avocados.
Every handler who delivers or receives a commercial quantity
of avocados shall obtain a copy of the statement of ownership from
the person transporting said avocados. The person transporting said
avocados and each handler shall retain a copy of each statement of
ownership for one year following the date the transportation of said
avocados begins and shall maintain the same for inspection and review
at any reasonable time by the Sheriff upon request.
Any peace officer, upon probable cause to believe a person is
transporting a commercial quantity of avocados, may stop such person
and inspect such avocados, whereupon the statement of ownership required
in this chapter shall be presented to said peace officer upon request.
Any peace officer, upon reasonable belief that a person is not
in legal possession of a commercial quantity of avocados, may seize
such avocados without warrant. Upon seizure, the peace officer shall
take custody of the avocados and turn the same over to the custody
of the Sheriff. The Sheriff shall receive and provide for the care
and safe keeping of such avocados in a refrigerated storage facility
at a temperature range of approximately 40 degrees Fahrenheit.
The Sheriff shall make reasonable investigation to ascertain
ownership of all commercial quantities of avocados seized pursuant
to this chapter. The Sheriff shall release custody of said avocados
to the rightful owner upon submission to the Sheriff of satisfactory
proof of ownership and after payment of a reasonable charge sufficient
to reimburse the Sheriff for costs incurred in storing said avocados.
If for any reason a commercial quantity of avocados is not released
to its rightful owner after being in the custody of the Sheriff for
five days, the Sheriff may sell said avocados by public auction, in
the manner and upon the notice of sale as prescribed by law for the
sale of perishable property under execution. All of said avocados
remaining unsold after being offered at such public auction may be
destroyed or otherwise disposed of by the Sheriff. All proceeds derived
from the sale of said avocados shall be held by the Sheriff for a
period of at least six months, during which time the rightful owner
of said avocados may submit satisfactory proof of ownership and obtain
possession of the proceeds after payment of a reasonable charge sufficient
to reimburse the Sheriff for costs incurred in the storage and sale
of said avocados. After retention of the proceeds for a period of
at least six months, the Sheriff shall deposit such proceeds in the
general fund of the City.
