ORDINANCE NO. 778 no longer operative

REPEALED Per Ord. 778.1 (Minute Order dated 5/9/00 - # 3.5)

(Effective: June 8, 2000)

ORDINANCE NO. 778.1

AN ORDINANCE OF THE COUNTY OF RIVERSIDE

RELATING TO INSPECTION OF WATERMELONS

The Board of Supervisors of the County of Riverside, State of California, ordains as follows:

Section 1. DEFINITIONS

As used in this Ordinance, the following words or phrases shall have the following meanings:

a. A "Agricultural Commissioner" means the Agricultural Commissioner of Riverside County, or his designated representative.

b. A "Commercial" means an activity carried on for the primary purpose of procuring subsistence or profit.

c. A "Person" means any individual, firm, partnership, joint venture, corporation, association, club or organization.

d. A "Coachella Valley" means that portion of the unincorporated area of the County of Riverside described as being bounded on the north by the Riverside-San Bernardino County line; on the east by the range line between R13E and R14E, SBM; on the south by the Riverside-Imperial County line; and on the west by the range line between R3E and R4E, SBM.

e. A "Approved Inspection Service" means an entity recognized by the California Department of Food and Agriculture and approved by the Agricultural Commissioner.

Section 2. AREA OF APPLICATION AND FINDINGS.

The provisions of this Ordinance shall apply, and otherwise be enforceable, within the Coachella Valley as described above in Section 1 d. The facts constituting the limited area of application within Riverside County are that watermelons are produced in substantial quantities in the Coachella Valley and careful inspection is needed to prevent deterioration and loss in the quality and reputation of this important crop in Riverside County.

Section 3. INSPECTION CERTIFICATE, CERTIFICATION STAMP OR DEVICE.

It shall be unlawful for any Coachella Valley grower or shipper to sell, transport, or ship or have in his possession for sale, transportation or shipment for a commercial purpose, any watermelons without first obtaining from the Agricultural Commissioner or an inspection service approved by the Agricultural Commissioner, an inspection certificate, certification stamp or device issued in accordance with the provisions of Sections 42791, 42792, and 42792.1 of the Food and Agriculture Code.

Section 4. FEE SCHEDULE.

Pursuant to Section 42793 of the Food and Agriculture Code, a schedule of fees for the issuance of inspection certificates, certification stamp or device shall be as established by Resolution adopted by the Board of Supervisors. The schedule of fees shall be based upon the approximate cost of inspection necessary to determine that the watermelons have met the requirements established by said code.

Section 5. PAYMENT OF FEES.

The fees provided for in Section 4 of this Ordinance shall be paid by all commercial growers or shippers whose watermelons are inspected pursuant to law and this ordinance. The fees shall be paid to the county through the Agricultural Commissioner or the approved inspection service as applicable. Fees owed to the county shall be due and payable within 14 calendar days after the inspection. The Agricultural Commission may, in his discretion, refuse to perform an inspection provided by this ordinance until such time as the person for whom the inspection is to be performed deposits with the Agricultural Commissioner funds sufficient to cover the anticipated fees for such inspection as determined by the Agricultural Commissioner. Any unused portion of such deposit shall be refunded.

Section 6. EXEMPTION

This Ordinance shall not apply to watermelons which are exempt under the provisions of Title 3, California Code of Regulations, Section 1390; provided, however, that a valid permit for such exemption has been issued by the Agriculture Commissioner pursuant to Title 3, California Code of Regulations, Section 1390.1 unless such a permit is not required pursuant to Section 43332 of the Food and Agriculture Code.

Section 7. PENALTY.

It shall be unlawful for any person to violate the provisions of Section 3 of this ordinance. Any person violating the provisions of Section 3 of this ordinance shall be deemed guilty of an infraction or misdemeanor as hereinafter specified. Such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Ordinance is committed continued or permitted.

Any person so convicted shall be: (1) Guilty of an infraction offense and punished by a fine not exceeding one hundred dollars ($100.00) for a first violation; (2) guilty of an infraction offense and punished by a fine not exceeding two hundred dollars ($200.00) for a second violation. The third and any additional violations shall constitute a misdemeanor offense and shall be punishable by a fine not exceeding one thousand dollars ($1,000.00) or six (6) months in jail, or both.

Notwithstanding the foregoing, a first offense may be charged and prosecuted as a misdemeanor. Payment of any penalty herein shall not relieve a person from the responsibility for correcting the violation.

Section 8. SEVERABILITY

If any provision, clause, sentence or paragraph of this ordinance or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions or applications of the provisions of this ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are hereby declared to be severable.

ADOPTED: 04/07/98 (Effective: 04-07-98)

AMENDED: 05//09/00 Item 3.5 (Effective: 06/08/00)