Chapter 5.56
INSPECTION OF AVOCADOS BEING TRANSPORTED
Sections:
5.56.030 Statement of ownership.
5.56.040 Obtaining and retaining the statement of ownership.
5.56.050 Presentation of statement of ownership.
5.56.060 Seizure and impoundment.
5.56.070 Investigation and release to rightful owner.
5.56.010 Purpose and intent.
It is the purpose and intent of this chapter to establish a means of identifying the owner of each commercial quantity of avocados so as to provide a means of controlling the alarming incidence of thefts of avocados within the City. (Ord. 29 § 1, 1981; CC § 21.1501)
5.56.020 Definitions.
Whenever in this chapter the following words or phrases are used, they shall mean:
A. “Chief of Police” means the Chief of Police of the City or any of his duly appointed deputies.
B. “Commercial quantity of avocados” means any quantity of avocados in excess of 40 pounds exclusive of the container.
C. “Handler” means any person, or authorized agent thereof, who grows, distributes or retails avocados, including but not limited to the following: grower, packer, and wholesale or retail fruitstand.
D. “To transport” means the movement or conveyance by any means whatsoever of a commercial quantity of avocados over any road, street or highway within the City. (Ord. 106 § 3, 1983; Ord. 29 § 1, 1981; CC § 21.1502)
5.56.030 Statement of ownership.
A. Every person who transports a commercial quantity of avocados shall:
1. Cause a statement of ownership to be prepared and retained in his personal possession at all times while transporting said avocados; and
2. Deliver a copy of such statement to each handler of the avocados being transported.
B. Such statement of ownership shall contain the following information:
1. The name, address, and telephone number of each person who transports the avocados;
2. The name, address, and telephone number of each handler of the avocados;
3. The date transportation of the avocados begins and estimated time of delivery;
4. The kind and quantity of avocados being transported;
5. Points of origin and destination. (Ord. 29 § 1, 1981; CC § 21.1503)
5.56.040 Obtaining and retaining the statement of ownership.
Every handler who delivers or receives a commercial quantity of avocados shall obtain a copy of the statement of ownership from the person transporting said avocados. The person transporting said avocados and each handler shall retain a copy of each statement of ownership for one year following the date of the transportation of said avocados begins and shall maintain the same for inspection and review at any reasonable time by the Chief of Police upon his request. (Ord. 29 § 1, 1981; CC § 21.1504)
5.56.050 Presentation of statement of ownership.
Any peace officer, upon probable cause to believe a person is transporting a commercial quantity of avocados, may stop such person and inspect such avocados, whereupon, the statement of ownership described in PMC 5.56.030 shall be presented to said peace officer upon request. (Ord. 29 § 1, 1981; CC § 21.1505)
5.56.060 Seizure and impoundment.
Any peace officer, upon reasonable belief that a person is not in legal possession of a commercial quantity of avocados, may seize such avocados without warrant. Upon seizure the peace officer shall take custody of the avocados and turn the same over to the custody of the Chief of Police. The Chief of Police shall receive and provide for the care and safekeeping of such avocados in a refrigerated storage facility at a temperature range of approximately 40 degrees Fahrenheit. (Ord. 29 § 1, 1981; CC § 21.1506)
5.56.070 Investigation and release to rightful owner.
The Chief of Police shall make reasonable investigation to ascertain ownership of all commercial quantities of avocados seized pursuant to this chapter. The Chief of Police shall release custody of said avocados to the rightful owner upon submission to the Chief of Police of satisfactory proof of ownership and after payment of a reasonable charge sufficient to reimburse the Chief of Police for costs incurred in storing said avocados. (Ord. 29 § 1, 1981; CC § 21.1507)
5.56.080 Disposition by sale.
A. If for any reason a commercial quantity of avocados is not released to its rightful owner after being in the custody of the Chief of Police for five days, the Chief of Police may sell said avocados by public auction, in the manner and upon the notice of sale as prescribed by law for the sale of perishable property under execution.
B. All of said avocados remaining unsold after being offered at such public auction may be destroyed or otherwise disposed of by the Chief of Police.
C. All proceeds derived from the sale of said avocados shall be held by the Chief of Police for a period of at least six months, during which time the rightful owner of said avocados may submit satisfactory proof of ownership and obtain possession of the proceeds after payment of a reasonable charge sufficient to reimburse the Chief of Police for costs incurred in storage and sale of said avocados.
D. After retention of the proceeds for a period of at least six months, the Chief of Police shall deposit such proceeds in the general fund of the City. (Ord. 29 § 1, 1981; CC § 21.1508)
5.56.090 Exemption.
This chapter shall not apply to the transportation of a commercial quantity of avocados which has been certified pursuant to Article 2, commencing with Section 44971, Chapter 9, Division 17 of the Food and Agricultural Code. (Ord. 29 § 1, 1981; CC § 21.1509)
5.56.100 Violation – Penalty.
Any person who knowingly provides false information for a statement of ownership, includes false information in a statement of ownership, or alters information contained in a statement of ownership or any copy thereof, shall be guilty of an infraction. (Ord. 29 § 1, 1981; CC § 21.1510)