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3994
Ordinance No. 399 An Ordinance Amending Chapter 23C Registration Requirements for Commercia] Weighing and Measuring Instruments of the Butte County Code The Board of Supervisors of the County of Butte ordains as follows: Section L Purpose, This proposed ordinance amends Chapter 23C, Registration Requirements for Commercial Weighing and Measuring Instruments for the Agricultural Commissioner. Fees are being increased as a result of the 200$ Countywide User Fee Study to determine the actual cost of services provided by the County. For non-County established fees, the fees are being adjusted to conform to the fees established by the State of California. ]0 12 13 14 15 16 17 is 19 20 2i 22 23 24 2s 26 Section 2. Butte bounty Code Section 23C-5 is amended to read as follows: 23C-5 Annual fee. An annual registration fee shall be charged for all weighing and measuring instruments requiring a registration certificate as provided for herein. For purposes of this section, the annual registration fee far a business that uses a commercial weighing or measuring device or devices shall consist of a business location fee and a device fee. The annual registration fee shall be the "not to exceed" fee as specified in the California Business and Professions Cade section 12240{f){3} and subsections (g} to {n}, inclusive, effective January 1, 2008. Fee calculation tables provided by the State of California are available from the Butte County Agricultural Commissioner and on the website at w~~~w°.buttecounty.net/agcommissioner. The County chooses to grant an exception to the Calif©rnia Business and Professions Code section 12240{f} and (n} to Certified Farmers Market scalesldevices, not to exceed three (3) scales/devices, that are delivered to the Weights and Measures Office for testing. For the purposes of this section, the fee for such scales/devices shall be: Number of ScalesiDevices Flat Fee I 1 to ~ ~ X0.00 a) Only upon the written request of any person, firm or corporation, the sealer shall calibrate, test, weigh, measure, and certify to the accuracy of, non-commercial weights and measures and weighing and measuring devices, and instruments, tools, and accessories connected therewith. The sealer shall charge and collect the fees to cover the cost of such service as follows: 1 31 5 6 71 8 9 10 12 13 14 15 16 17 18 ]4 ~0 21 ?2 ~~ ?4 25 2b WEIGHTS & MEASURES Fee Name Fee Description ~ Fee A. Electric, Vapor. or Water Meter $100 per location + ~,2~`meter i B. Scale 2,000 to 10,000 lbs $100 per location + $1501scale C. Scale > 10,000 lbs capacity $100 per location + $2501scale D. Livestock Scale ?,000 lbs to $100 per location l 0,000 lbs + $1001scale E. Livestock Scale >10,000 lbs $100 per location + $1 SOlscale F. Stationary or Truck mounted LPG $100 per location meter + $1751tneter G. Wholesale or Vehicle meter $100 per location +$25 meter H. Other Commercial Weighing & $100 per location Measuring device +$20hneter or scale I. Non-Commercial device Based on inspection ~ calculation J. CAL'l'IZANS 10~ Inspection Based on -1 -- calculation All fees in this subsection are determined by the State of California. Section 3. Authority. ~'liis ordinance is enacted pursuant to Government Code Sections 66017{a} and 66016{b}, Article I, Section 1 of the Butte County Charter, and Article XI Section 7 of the Calif©rnia Constitution. Section 4. Se~erabi~ity. If any provision ofthis Ordinance or the application thereof to any person or circumstances is for any reason held to be invalid by a court of competent jurisdiction, such provision shall be deemed severable, and the invalidity thereof shall not affect the remaining provisions or other applications of the Ordinance which can be given effect without the invalid provision or application thereof. 2 ~I 3 ~~ 5 h 7~ 8 4 la ~~ 13 14 15 16 ]7 18 l~ 7~ ~~ 22 7~ 7L~ 2~ 2b Section 5. Effective Date and Publication. This Ordinance shall take effect thirty (30) day after the date of its passage. The Clerk of the Board of Supervisors is authorized and directed to publish this ordinance before the expiration of fifteen (15} days after its passage. This Ordinane shall be published once, ~-ith the names of the members of the Board of Supervisors voting for and against it, in the Enterprise Record, a newspaper of general circulation published in the County of Butte, State of California. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, on the 16th day of December, 2008, by the following vote: AYES: Supervisors Connelly, Dolan, Yamaguchi, Dirk, and Chair Jasiassen NOES: None ABSENT: None NOT VOTING: None (~ .. _ ,~ ,; CURT JOSIASSEN, Chair Butte County Board of Supervisors ATTEST: C. Brian Haddix. Chief Administrative C~ffficer ~ And Clerk of the Board r ~ ~ ~ , p .