SEC. 1.15. WEIGHTS AND MEASURES – SCALES OF PEDDLERS AND HAWKERS.

All itinerant peddlers and hawkers using scales, balances, weights or measures shall take the same to the office of the Sealer of Weights and Measures, before any use is made thereof, and have the same sealed and adjusted annually. Tax Collector shall issue a license to such peddlers only upon a certificate from the Sealer of Weights and Measures that this Section has been complied with.

(Ord. No. 2698 (N.S.), Sec. 8)

(a) For purposes of this Section, the term "commercial purposes" shall have the meaning prescribed in Section 12500 of the California Business and Professions Code.

(b) Pursuant to the California Business and Professions Code, Division 5, Chapter 2, Article 2, Sections 12210(b) and 12210.5, the Board of Supervisors hereby directs the County Agricultural Commissioner-Sealer of Weights and Measures 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 the written request of any person. The Board of Supervisors hereby authorizes the County Agricultural Commissioner-Sealer of Weights and Measures to establish a schedule of fees for testing of weighing and measuring devices initiated by written request. Pursuant to Section 12210.5 of the California Business and Professions Code, the fee schedule established shall be in accordance with those fees established by the Director of Agriculture of the State of California. The fee schedule shall be ratified by resolution of the Board of Supervisors.

(c) After any commercial weighing or measuring instrument or device has been tested as prescribed by Section 12210(a) of the California Business and Professions Code and found to be outside the tolerances or specifications set by the California Department of Food and Agriculture, the County Agricultural Commissioner-Sealer of Weights and Measures may reinspect, retest and recertify such an 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 such an initial test shall be charged for any required retesting the same fee established for tests conducted upon written request.

(d) Immediately upon the approval of a change in the fees by the State of California, the County Agricultural Commissioner-Sealer of Weights and Measures shall forward to the Board of Supervisors, for the Board's ratification, the change in the fees.

(Added by Ord. 155-81, App. 4/3/81; amended by Ord. 449-88, App. 10/6/88; Ord. 417-93, App. 12/23/93; Ord. 187-04, File No. 040759, App. 7/22/2004)

There shall be no fee charged for the retesting, reinspection or recertification of taximeters occasioned by any taxicab rate change adopted by the Board of Supervisors during 1998, subject to the following conditions:

(1) The fee waiver shall begin the day the rate change takes effect;

(2) The waiver shall only apply to those taxicabs and taximeters for which the registration fee for 1998 has been paid; and

(3) The waiver shall only apply to those taxicabs and taximeters which already have been inspected and sealed, and for which the taximeter is found to be initially correct and accurate in service at the newly approved taximeter rate. If the taximeter fails to pass the required inspection for the new rate accuracy test, a fee of two times the regular test fee shall be charged for the reinspection.

(Added by Ord. 192-98, App. 6/12/98)

In order to comply with the time limitation set forth in Section 6.208 of the Charter, the Controller is hereby authorized and directed to prepare and submit to the Board of Supervisors, not later than August 28th of each year, an ordinance, designated the Annual Tax Rate Ordinance, providing for the levying of a tax, the estimated proceeds of which, together with the total amount of receipts and revenues estimated to be received from all sources, will be sufficient to meet all appropriations made by the Annual Appropriation Ordinance.

As a prerequisite to the levying of a tax pursuant to Section 6.208 of the Charter, the Controller is further authorized and directed, concurrently and in conjunction with the submission of the Annual Tax Rate Ordinance, to prepare and submit to the Board of Supervisors, without reference or amendment to the Annual Budget, an amendment to the Annual Appropriation Ordinance to effect necessary adjustments pursuant to Section 6.208 of the Charter and other requirements.

(Added by Ord. 254-63, App. 9/12/63)