§ 30-17. Penalties for violations.

(a)

It shall be unlawful for any person, or any registrant, employee, or agent thereof to violate the provisions of this Chapter, and specifically it shall be unlawful to use unregistered weighing and measuring devices or unregistered point of sale stations.

(b)

Unless otherwise provided, any person failing to comply with the registration provisions of this chapter shall be guilty of an infraction or misdemeanor as hereinafter specified:

(1)

A first offense shall be charged as an infraction. If convicted, the offense shall be punishable by a fine not exceeding one hundred dollars ($100.00). Notwithstanding the foregoing, if the violation appears to be unknowing and the offender corrects the violation promptly upon notification, the sealer may, in lieu of recommending criminal prosecution, accept payment of the original fee and late fee charge, and the additional payment of one hundred dollars ($100.00) additional processing fee. A subsequent violation will be treated as a second offense, punishable as set forth in subsection (b)(2) of this section.

(2)

Any subsequent offense shall be charged as a misdemeanor and shall be punishable by a fine not exceeding one thousand dollars ($1,000.00) and not less than five hundred dollars ($500.00), or any other penalty imposed by a court, or both.

(c)

Payment of any fine or other penalty imposed by a court shall not relieve a person from the responsibility of registering a weighing or measuring device or a point of sale station and paying the applicable registration fee, as required by Sections 30-3, 30-6, 30-12, and 30-14 of this chapter.

(d)

In addition to all other remedies provided by this chapter or state law, the department may seek injunctive relief to restrain continuing violations of the provisions of this chapter. Nothing in this chapter shall preclude the sealer from seeking civil penalties pursuant to Business and Professions Code Sections 12015.3 or 12024.2, or pursuing any other remedy available to the sealer under Division 5 of the Business and Professions Code.

(Ord. No. 5656 § 2, 2006.)