Chapter 4.46
TRANSPORTATION OF AVOCADOS
Sections:
4.46.030 Statement of ownership.
4.46.040 Obtaining and retaining the statement of ownership.
4.46.050 Presentation of statement of ownership.
4.46.070 Investigation and release to rightful owner.
4.46.010 Purpose.
A. It is the purpose 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 thefts of avocados.
B. It shall be unlawful for any person to knowingly provide false information for a statement of ownership, include false information in a statement of ownership, or alter information contained in a statement of ownership. (Ord. 47 § 1, 1987; 1987 Code § 6.28.010)
4.46.020 Definitions.
As used in this chapter:
A. “Commercial quantity of avocados” means any quantity of avocados in excess of 40 pounds, exclusive of the container.
B. “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 fruit stand.
C. “Sheriff” means the sheriff of the county of San Diego, or any of his duly appointed deputies.
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. 47 § 1, 1987; 1987 Code § 6.28.020)
4.46.030 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 such avocados; and
2. Deliver a copy of said statement to each handler of the avocados being transported.
B. The 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; and
5. The points of origin and destination of the transportation route of the avocados. (Ord. 47 § 1, 1987; 1987 Code § 6.28.030)
4.46.040 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 the avocados. The person transporting the avocados and each handler shall retain a copy of each statement of ownership for one year following the date of the transportation of the avocados begins and shall maintain the same for inspection and review at any reasonable time by the sheriff upon his request. (Ord. 47 § 1, 1987; 1987 Code § 6.28.04.0)
4.46.050 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 required in this chapter shall be presented to such peace officer upon request. (Ord. 47 § 1, 1987; 1987 Code § 6.28.050)
4.46.060 Seizure and impound.
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 sheriff. The sheriff 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. 47 § 1, 1987; 1987 Code § 6.28.060)
4.46.070 Investigation and release to rightful owner.
The sheriff shall make reasonable investigation to ascertain ownership of all commercial quantities of avocados seized pursuant to this chapter. The sheriff shall release custody of such avocados to the rightful owners upon submission to the sheriff of satisfactory proof of ownership and after payment of a reasonable charge sufficient to reimburse the sheriff for costs incurred in storing the avocados. (Ord. 47 § 1, 1987; 1987 Code § 6.28.070)
4.46.080 Disposition by sale.
If for any reason a commercial quantity of avocados is not released to its rightful owner after being in the custody of the sheriff for five days, the sheriff may sell such avocados by public auction, in the manner and upon the notice of sale as prescribed by law for the sale of perishable property upon execution. All of such avocados remaining unsold after being offered at such public auction may be destroyed or otherwise disposed of by the sheriff. All proceeds derived from the sale of such avocados shall be held by the sheriff for a period of at least six months, during which time the rightful owner of the avocados may submit satisfactory proof of ownership and obtain possession of the proceeds after payment of a reasonable charge sufficient to reimburse the sheriff for costs incurred in the storage and sale of such avocados. After retention of the proceeds for a period of at least six months, the sheriff shall deposit such proceeds in the general fund of the city. (Ord. 47 § 1, 1987; 1987 Code § 6.28.080)