BACKGROUND:
A catalytic converter is an exhaust emissions control device located underneath automobiles between the exhaust manifold and the muffler. These devices contain precious metal such as platinum, palladium, and rhodium, some of which are valued at several thousand dollars per ounce. The catalytic converter is easily accessible on most vehicles. In 2021, 24 catalytic converters were stolen in Cathedral City. In 2022, 75 catalytic converters were stolen in Cathedral City and in 2023 to date, 36 catalytic converters have been stolen in Cathedral City.
Catalytic converter thefts are on the rise because individuals are incentivized to commit catalytic converter thefts for multiple reasons including: (1) the ease and undetectable nature of committing such thefts, potentially in a matter of seconds and through the use of common tools; (2) the ability to recycle catalytic converters at scrap metal yards for high dollar returns ranging from $200 to $1,200 per catalytic converter; and (3) loopholes in legislation protecting criminals from prosecution unless a victim can be identified.
While there have been legislative attempts in Sacramento to crack down on catalytic converter thefts, local agencies in California have begun to pass their own ordinances to assist law enforcement in holding these thieves accountable for their crimes. Some of those agencies include the County of Riverside and the cities of Corona, Eastvale, and Palm Springs.
DISCUSSION:
By criminalizing the mere possession of an unattached catalytic converter absent proof of ownership or lawful possession, this ordinance would combat this criminal practice by achieving deterrence by establishing zero-tolerance for catalytic converter thefts:
•establishing sanctions for possessing stolen catalytic converters; •prohibiting the falsification of information in documents and records used to verify ownership or lawful possession of a catalytic converter; •preventing criminals from profiting from the sale and recycling of stolen catalytic converters;
•providing indirect justice to the victims of catalytic converter theft cases that have gone or will go unsolved; and
•minimizing the fiscal and personnel impact on the City of Cathedral City and the Cathedral City Police Department by reducing the time invested in deterring and investigating catalytic converter thefts.
The proposed ordinance adds a new chapter to the Cathedral City Municipal Code. The ordinance is based on an ordinance that was adopted by the Riverside County Board of Supervisors on September 12, 2023. The proposed ordinance makes it unlawful for any person to possess any catalytic converter that is not attached to a vehicle unless the person has a valid proof of ownership of the catalytic converter. Notably, the City is not required to prove the catalytic converter was stolen in order to establish the possession is not a “lawful possession.”
Under the ordinance, “documentation or other proof” could include the following types of documents:
•Bill of sale from the original owner with the signature of the vehicle owner authorizing removal of the catalytic converter, as well as the name, address, and telephone number of the vehicle owner.
•Documentation from an autobody shop or similar business proving that the owner relinquished the catalytic converter to the autobody shop or similar business.
•Verifiable electronic communication from the previous owner to the possessor relinquishing ownership of the catalytic converter.
•Photographs of the vehicle from which the catalytic converter originated clearly showing the license plate number and vehicle identification number (VIN) of the car from which the catalytic converter was removed.
The proposed ordinance also makes it unlawful to falsify or cause to be falsified any information in any documentation or other proof intended to show valid proof of ownership or possession of a catalytic converter.
A violation of this ordinance will result in criminal penalties, primarily a misdemeanor.
The introduction and first reading of the Ordinance was held and approved on November 29, 2023, by a unanimous vote of the City Council.
ENVIRONMENTAL ASSESSMENT
The requested City Council action is not subject to the California Environmental Quality Act (CEQA), as it is not a “Project” as defined by CEQA. (CEQA Guidelines Section 15060(c)(3)). A Project means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is to amend the Municipal Code to create a new criminal offense and is exempt as it will not result in direct or reasonably foreseeable indirect physical change in the environment. This action is further exempt from CEQA under the “common sense” exemption as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. (CEQA Guidelines Section 15061(b)(3)).
FISCAL IMPACT:
None
FIVE-YEAR STRATEGIC PLAN:
Goal E: Cathedral City is safe for all who live, work, visit, and play in our community.