Agenda ReportFullerton City CouncilAgenda ReportFullerton City Council Agenda Report
Fullerton City Council
Agenda Report
Fullerton City Council
MEETING DATE: JUNE 7, 2022
TO: CITY COUNCIL / SUCCESSOR AGENCY
SUBMITTED BY: ERIC J. LEVITT, CITY MANAGER
PREPARED BY: BARON BETTENHAUSEN, DEPUTY CITY ATTORNEY
SUBJECT: REGULATION AND PROHIBITION OF UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS
SUMMARY
Introduction of an ordinance to establish regulations and prohibit the unlawful possession of catalytic converters in the City of Fullerton.
RECOMMENDATION
Introduce Ordinance No. XXXX for first reading by title only and waive further reading of the ordinance.
ORDINNACE NO. XXXX - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, ADDING FULLERTON MUNICIPAL CODE TITLE 7 (PUBLIC SAFETY AND MORALS), CHAPTER 161 (UNLAWFUL POSSESSION OF A CATALYTIC CONVERTER PROHIBITED) ESTABLISHING REGULATIONS PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS IN THE CITY
FISCAL IMPACT
Currently budgeted City staff will manage any increase in the number of criminal cases prosecuted by the Fullerton City Attorney’s Office because of the ordinance.
PRIORITY POLICY STATEMENT
This item matches the following Priority Policy Statements:
Public Safety.
DISCUSSION
Catalytic converters convert most of a vehicle's emissions into less harmful forms, improving air quality and vehicle performance. They are an external component of a vehicle, accessible from the underside of a parked car and made of valuable materials such as platinum, palladium and rhodium - rare metals that command ever-increasing prices on the recyclables market, currently ranging between $1,000 and $17,000 per ounce.
The City has seen a rise in catalytic converter thefts. Individuals commit catalytic converter thefts for multiple reasons including, but not limited to:
the ease and undetectable nature of committing such thefts, potentially in a matter of seconds and through the use of common tools such as a reciprocating saw the ability to recycle catalytic converters at scrap metal yards for high dollar returns loopholes in legislation protecting criminals from prosecution unless a victim is identified.
Catalytic converter thefts have increased nationwide over the past several years. Fullerton has also seen an increase in the number of catalytic converter thefts, as noted in the following table:
City of Fullerton Catalytic Converter Thefts
Year
Number of Thefts
2018
22 2021
304
2022 (January through March)
83 Solving reported cases of catalytic converter theft is a challenge. The following table provides breakdown of the disposition of cases:
The City has no City, State or Federal legislation applicable to define and punish catalytic converter thefts absent an identifiable victim. Additionally, no current City, State or Federal legislation applicable within the City of Fullerton requires individuals to provide proof to law enforcement as to how they obtained catalytic converters. This limits law enforcement's ability to protect the public by preventing catalytic converter thefts and seizing suspected stolen catalytic converters without an identifiable victim present. Preventing and punishing these crimes at present is nearly impossible due to the ease and speed with which individuals can commit catalytic converter thefts and the difficulty of tracing a particular catalytic converter back to its prior owner (the victim) because catalytic converters typically have no identifying markers.
By criminalizing the possession of an unattached catalytic converter absent proof of ownership or lawful possession, the proposed ordinance would combat this criminal practice by:
achieving deterrence by establishing zero-tolerance for catalytic converter thefts establishing sanctions for possessing stolen catalytic converters 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 for the reasons discussed above minimizing the fiscal and personnel impact on the City of Fullerton and the Fullerton Police Department by reducing the time invested in deterring and investigating catalytic converter thefts.
Attachments:
Attachment 1 – Draft Ordinance No. XXXX
Unlawful Possession of Catalytic Converters
June 7, 2022 - Page 2