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View recently adopted ordinances as of January 13, 2009 NOT YET CODIFIED OR INTEGRATED IN THIS SITE. (pdf file)

Ordinances enacted through January 13, 2009

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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CHAPTER I.
FEES FOR WEIGHING AND MEASURING DEVICES

Sec. B30-1. Annual registration fees.

(a) Pursuant to the authority contained in Business and Professions Code Sections 12240 through 12246, there is hereby imposed an annual registration fee on all weighing and measuring devices in the County required to be inspected or tested by the Agricultural Commissioner/Sealer pursuant to Business and Professions Code Section 12210. The annual fees may also be used to cover the cost incurred by the Agricultural Commissioner/Sealer in carrying out the provisions of Business and Professions Code Section 12211.

(b) For purposes of this section, the annual registration fee for a business that uses a commercial weighing or measuring device or devices shall consist of both a business location fee and a device fee.

(c) Beginning July 1, 2008, the business location fee shall be $100.00 per location.

(d) For marinas, mobile home parks, recreational vehicle parks, and apartment complexes, where the owner of the marina, park or complex owns and is responsible for the utility meters, the device fee shall be $2.00 per device per space or apartment.

(e) Beginning July 1, 2008, for weighing devices, other than livestock scales, with capacities of 10,000 pounds or greater, the device fee shall be $250.00 per device; for weighing devices, other than livestock scales, with capacities of at least 2,000 pounds but less than 10,000 pounds, the device fee shall be $150.00 per device.

(f) This section does not apply to farm milk tanks.

(g) A scale or device used in a certified farmers' market, as defined by Health and Safety Code Section 113745, is not required to be registered in the county where the market is conducted, if the scale or device has an unexpired seal, issued by a licensed California county sealer.

(h) Beginning July 1, 2008, for livestock scales with capacities of 10,000 pounds or greater, the device fee shall be $150.00 per device; for livestock scales with capacities of at least 2,000 pounds but less than 10,000 pounds, the device fee shall be $100.00 per device.

(i) Beginning July 1, 2008, for liquefied petroleum gas (LPG) meters, stationary or truck mounted, the device fee shall be $175.00 per device.

(j) Beginning July 1, 2008, for wholesale and vehicle meters, the device fee shall be $25.00 per device.

(k) Beginning July 1, 2008, for all other commercial weighing or measuring devices not listed in subsections (d) to (j), inclusive, the device fee shall be $20.00 per device, not to exceed the sum of $1,000.00 for each business location.

(l) The number of devices is determined as of July 1, or at the commencement of business operations.

(m) For the purposes of this section, a single business 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.

(Ord. No. NS-300.719, § 2, 9-9-03; Ord. No. NS-300.743, § 1, 4-25-06; Ord. No. NS-300.781, § 1, 4-24-07; Ord. No. NS-300.789, § 1, 5-6-08)

Sec. B30-2. Registration fee payment and use.

The fees imposed by Section B30-1 are due and payable at the commencement of each fiscal year which begins July 1. For businesses commencing operations during the fiscal year, the fees are due and payable as of the date of commencement. There will be no proration of the annual device fee. The fees collected will be used to recover the costs of inspection and testing of devices required of the Agricultural Commissioner/Sealer pursuant to Business and Professions Code Sections 12210 and 12211.

(Ord. No. NS-300.719, § 2, 9-9-03)

Sec. B30-3. Late payment penalty.

Beginning July 1, 2006, any registration fee not paid within 30 days of when due is subject to a late penalty fee of 100 percent of the original amount due.

(Ord. No. NS-300.719, § 2, 9-9-03; Ord. No. NS-300.743, § 2, 4-25-06)

Sec. B30-4. Fees for testing weighing and measuring devices upon request.

(a) For purposes of this section, the term "commercial purposes" is as defined in Section 12500 of the California Business and Professions Code.

(b) Pursuant to the California Business and Professions Code Sections 12210(b) and 12210.5, the Board of Supervisors hereby directs the Agricultural Commissioner/Sealer to calibrate, test, weigh, and measure, and certify to the accuracy of weights and measures and weighing and measuring devices and instruments, tools and accessories connected therewith, whether or not used for commercial purposes, upon written request of any person. Pursuant to Section 12210.5 of the California Business and Professions Code, the fee schedule established for testing of weighing and measuring devices initiated by written request will be in accordance with those fees established by the Director of Agriculture of the State of California. The fee schedule will be established by resolution of the Board of Supervisors.

(c) After any commercial weighing or measuring instrument of device has been tested as prescribed by Section 12210(a) of the Business and Professions Code and found to be outside the tolerances or specifications set by the California Department of Food and Agriculture, the Agricultural Commissioner/Sealer may re-inspect, re-test and re-certify the instrument or device in order to determine if it is within those tolerances and specifications. Owners or operators of commercial weighing or measuring devices that fail an initial test will be charged for any required re-testing at the same fee established for tests conducted upon written request.

(Ord. No. NS-300.719, § 2, 9-9-03)

Sec. B30-5. Reschedule fees and standby fees.

(a) The Agricultural Commissioner/Sealer may schedule inspection appointments, at a mutually acceptable time to the Agricultural Commissioner/Sealer and the business owner/user, to test and inspect commercial and non-commercial weighing or measuring instruments. If for any reason the scheduled appointment cannot be maintained, notification of at least 24 hours before the scheduled inspection appointment must be given to the Agricultural Commissioner/Sealer. If 24 hours notification is not provided, the appointment will be considered a missed appointment and a fee will be charged for rescheduling. The fee will be established by resolution of the Board of Supervisors.

(b) The Agricultural Commissioner/Sealer is directed to charge a fee for the rescheduling of missed appointments that the Agricultural Commissioner/Sealer had previously scheduled for the convenience of the owner, distributor or service agent. The fee will be that established by resolution of the Board of Supervisors.

(c) The Agricultural Commissioner/Sealer is directed to charge a fee for the time that the Agricultural Commissioner/Sealer is requested to stand by with necessary equipment either for the removal of contaminated, mislabeled or substandard motor fuel, or for the convenience of the owner, distributor, or service agent of any commercial or non-commercial weighing and measuring instruments while such instruments are put into proper condition to be inspected or tested. The fee will be established by resolution of the Board of Supervisors.

(Ord. No. NS-300.719, § 2, 9-9-03)

Secs. B30-6--B30-9. Reserved.

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