§ 215-070. WEIGHTS-AND-MEASURES FEES

(a)

Annual Registration Fees. The Director shall charge an annual registration fee for commercial weighing and measuring devices registered under this chapter. The annual registration fee shall include a business location fee as specified in subdivision (1), a device fee as specified in subdivision (2) and a State administrative fee as specified in subdivision (3).

(1)

The Business Location Fee shall be one hundred dollars ($100.00) per business location.

a.

For purposes of this section, a single business location is defined as:

1.

Each business location that uses one or more categories or types of commercial devices as set forth in subdivisions (2)(A) to (2)(H), inclusive, and in subdivision (2)(J), that require the use of specialized testing equipment and that necessitates not more than one inspection trip by a weights and measures official.

2.

A scale or device used in a certified farmers' market, as defined by section 113745 of the Health and Safety Code, is not required to be registered in the county where the market is conducted, if the scale or device has an unexpired seal for the current year, issued by a licensed California sealer. The annual registration for a scale or device used in a certified farmers' market, which is delivered to the Directors office for testing, shall consist of the device fee and State administrative fees only.

3.

Each vehicle, except those vehicles that are employed in vehicle rental transactions, in which one or more commercial devices is installed and used.

4.

For vehicles that are employed in vehicle rental transactions and that are not subject to section 1936 of the Civil Code, each business location at which vehicles are stored or maintained by a vehicle rental company for the purposes of renting vehicles to customers.

5.

A facility that meets all of the following criteria shall not be considered a business location for the purposes of this paragraph: (1) The facility is not wholly, or in part, owned, leased, or operated by the vehicle rental company, (2) The facility is not operated or staffed by an employee of the vehicle rental company, and (3) The facility stores or maintains, on a temporary basis, vehicles at the location for customer convenience.

6.

If a person files a complaint with the county sealer regarding the accuracy of an odometer in a vehicle found or located at a facility described in subparagraph (4), the county sealer may charge a fee to the operator of the vehicle rental company sufficient to recover but not to exceed, the reasonable cost of testing the device in investigation of the complaint.

(2)

Device Fees.

a.

For marinas, mobilehome 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:

1.

Water Submeters—Two dollars ($2.00) per device per space or apartment.

2.

Electric Submeters—Three dollars ($3.00) per device per space or apartment.

3.

Vapor Submeters—Four dollars ($4.00) per device per space or apartment.

b.

For weighing devices, other than livestock:

1.

Capacities of 10,000 pounds or greater, the device fee shall be Two Hundred fifty dollars ($250.00) per device.

2.

Capacities of at least 2,000 pounds but less than 10,000 pounds, the device fee shall be one hundred fifty dollars ($150.00) per device.

c.

For livestock scales:

1.

Capacities of 10,000 pounds or greater, the device fee shall be one hundred fifty dollars ($150.00) per device.

2.

Capacities of at least 2,000 pounds but less than 10,000 pounds, the device fee shall be one hundred dollars ($100.00) per device.

d.

For liquefied petroleum gas (LPG) meters, truck mounted or stationary, the device fee shall be one hundred eighty-five dollars ($185.00) per device.

e.

For wholesale and vehicle meters, the device fee shall be seventy-five dollars ($75.00) per device.

f.

For computing scales, the device fee shall be twenty dollars ($20.00) per device. For purposes of this subdivision, the portion of the annual registration fee consisting of the business location fee and the device fees authorized by this subdivision shall not exceed the sum of one thousand dollars ($1,000.00) for each business location.

g.

For Jewelry and prescription scale, the device fee shall be eighty dollars ($80.00) per device.

h.

For weighing devices, other than computing , jewelry and prescription scales as defined in subdivisions e. and f., with capacities of at least 100 pounds but less than 2,000 pounds, the device fee shall be fifty dollars ($50.00) per device.

i.

For vehicle odometers utilized to charge mileage usage fees in vehicle rental transactions or in computing other charges for service, including, but not limited to, ambulance, towing, or limousine services, the device fee shall be sixty dollars ($60.00) per device.

1.

This section does not apply to odometers in rental passenger vehicles, as defined in Section 465 of the Vehicle Code, that are subject to Section 1936 of the Civil Code. If a person files a complaint with the county sealer regarding the accuracy of a rental passenger vehicle odometer, the county sealer may charge a fee to the operator of the vehicle rental business sufficient to recover, but not exceed, the reasonable cost of testing the device in investigation of the complaint.

2.

For vehicle odometers utilized to charge mileage usage fees in vehicle rental transactions involving nonpassenger vehicles that are not subject to Section 1936 of the Civil Code, the portion of the annual registration fee consisting of the business location fee and the device fee authorized pursuant to subdivision (J) shall not exceed three hundred forty dollars ($340.00) for each business location.

j.

For all other commercial weighing or measuring devices not listed in subdivisions a. to h. inclusive, the device fee shall not exceed twenty dollars ($20.00) per device. For the purposes of this subdivision, the total portion of the annual registration fee consisting of the business location fee and the device fees authorized by this subdivision shall not exceed the sum of one thousand dollars ($1,000.00), for each business location.

(3)

State Administrative Fee. The Director shall charge a state administrative fee as authorized in Section 12241 of the California Business & Professions code and adopted by the Secretary of the California Department of Food & Agriculture in Title 4, Article 3, Section 4075 of the California Code of Regulations.

(4)

The Director shall not issue a registration certificate until the annual registration fees required by this subsection is paid in full.

(5)

After a certificate is issued, the annual registration fee will be due before January 1 ^st of each year.

(6)

This subsection does not apply to animal and livestock scales used at the Yuba Sutter Fairgrounds.

(b)

Service Fees. The Director shall charge the following fees for services provided by the Sutter County Department of Agriculture:

(1)

With the exception of subsection (2) through (4), labor and mileage billing rates for service related activities (i.e. non-commercial device inspections) are one hundred twenty dollars ($120.00) per hour for staff time and two dollars ($2.00) per mile for mileage.

(2)

For inspection of commercial weighing or measuring devices, at the request of the owner or user of such device, when such inspection or testing could legally be performed by a registered repairman, the Director shall charge a fee based upon a uniform fee schedule as authorized in Section 12210.5 of the California Business and Professions Code and adopted by the Secretary of the California Department of Food & Agriculture.

(3)

For administration of Service Agent examinations, the Director shall charge a fee, as authorized in Section 12540 of the California Business and Professions Code, established by the Secretary of the California Department of Food & Agriculture in Section 4083(a) of the California Code of Regulations.

(4)

Equipment-rental fees:

a.

Heavy-capacity scale truck ..... $50.00 per 2 hours*
plus $2.00 per mile

b.

Medium-capacity truck ..... $18.75 per 2 hours*
plus $2.00 per mile

c.

Pickup truck, station wagon, or van ..... $25.00 for each day
plus $2.00 per mile

d.

LPG meter prover ..... $40.00 for each day

e.

Electric meter standard ..... $15.00 for each day

f.

Prover Trailer (50 and 100 Gallon) ..... $12.50 for each day

g.

Gravimetric test equipment ..... $50.00 for each day

* The minimum charge is two hours. Each portion of a two-hour increment is billed the two hour fee.

([1087, 1330,1438] Ord. 1579, Sec. 1; Dec. 4, 2012)