The purpose of this Article is to require the registration of certain weighing and measuring devices used for commercial purposes within the County, and to establish a system of fees to recover the costs of inspecting and testing weighing and measuring devices pursuant to the provisions of Business and Professions Code section 12240 et seq.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3420, effective 12-30-10; amended by Ord. No. 3490, effective 2-25-16)
Except where the context otherwise requires, the following definitions shall govern the construction of this Article:
(a) 
"Commercial purposes"
shall be defined as provided in Business and Professions Code section 12500.
(b) 
"Device"
shall be defined as provided in Business and Professions Code section 12531.
(c) 
"Location"
means the room, enclosure, building, space, area, or vehicle where one or more weighing instruments or measuring devices are located or operated.
(d) 
"Person"
shall be defined as provided in section 145 of this Ordinance Code and Business and Professions Code section 12011.
(e) 
"Sealer"
means the Sealer of Weights and Measures appointed by the Board of Supervisors and his or her duly authorized agents.
(f) 
"Weighing instrument" or "measuring instrument"
shall be defined as provided in Business and Professions Code section 12500.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3420, effective 12-30-10; amended by Ord. No. 3490, effective 2-25-16)
All weighing and measuring devices used for commercial purposes within the County shall be registered with the Agricultural Commissioner/Sealer. Every owner of such a weighing or measuring device used or located within the County or dispatched or operated from any location within the County shall register the location of or place of dispatch of such device with the Agricultural Commissioner/Sealer. Every owner of such a measuring or weighing device acquired for use or relocated within the County shall, within sixty (60) days of its acquisition or relocation, register the location or place of dispatch of such instrument with the Agricultural Commissioner/Sealer.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3420, effective 12-30-10; amended by Ord. No. 3490, effective 2-25-16)
No person shall use, operate or own any weighing or measuring device required to be registered pursuant to section 6-05-9020 within the County of Tulare for commercial purposes without having a current, valid registration certificate and inspection seal issued by a licensed county sealer for such device. The certificate and inspection seal shall be in addition to any other certificate, license or permit which may be required by the County or any other public entity.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3420, effective 12-30-10; amended by Ord. No. 3490, effective 2-25-16)
The registration certificate shall contain the name of the owner of the device and the address at which the instrument or devices are located, or, if the device is not at a fixed location, the owner's address, and shall be in a form approved by the Agricultural Commissioner/Sealer. One registration certificate may be issued for more than one device maintained at the same address, upon the approval of the Agricultural Commissioner/Sealer.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3420, effective 12-30-10; amended by Ord. No. 3490, effective 2-25-16)
Each registration certificate shall expire on December 31st of the year of its issuance and shall thereafter be renewed on an annual basis upon payment of the applicable fees provided in this Article.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3420, effective 12-30-10)
An annual registration fee must be paid by the owner or user before a registration certificate may be issued or renewed for the measuring and weighing devices required to be registered pursuant to section 6-05-9020. The annual fees required for registration shall be as established from time to time by resolution of the Board of Supervisors.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3420, effective 12-30-10)
Devices used by any public utility (under the jurisdiction of the California Public Utilities Commission) to measure gas, electricity, water, steam or communications services shall be exempt from the payment of fees imposed pursuant to section 6-05-9080.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3420, effective 12-30-10)
A registration certificate may be issued to a natural person according to his true name, 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 Business and Professions Code section 17900 et seq. Except as provided herein, no certificate shall be issued to any false or fictitious name.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)
If a current registration certificate has been lost, damaged, or defaced, the person to whom it was issued may obtain a replacement upon payment of a replacement fee. The fee shall be as established from time to time by resolution of the Board of Supervisors.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)
A registration certificate is not transferable from one person to another, and 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.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3420, effective 12-30-10)
Every person using any weighing or measuring device for which a registration certificate is required under the provisions of this Article shall keep such certificate available for inspection upon request by the Sealer.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3420, effective 12-30-10)
Any person violating any of the provisions of this Article shall be guilty of an infraction and shall be punishable as provided in section 125 of this Ordinance Code.
(Added by Ord. No. 3390, effective 8-20-09)