ORDINANCE NO. 0-2022-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA, ADDING CHAPTER 10.72
(UNLAWFUL POSSESSION OF A CATALYTIC
CONVERTER PROHIBITED) OF TITLE 10 (PEACE,
MORALS AND SAFETY) OF THE PLACENTIA MUNICIPAL
CODE ESTABLISHING REGULATIONS PROHIBITING THE
UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS
IN THE CITY
WHEREAS, the citizens of Placentia have experienced catalytic converter thefts from automobiles over the past several years; and
WHEREAS, there is currently no City, State, or Federal legislation applicable within the City of Placentia to define and punish catalytic converter thefts absent an identifiable victim; and
WHEREAS, there is currently no City, State, or Federal legislation applicable within the City of Placentia requiring individuals to provide proof to law enforcement as to how they obtained catalytic converters, thus limiting law enforcement's ability to (1) protect the public by preventing catalytic converter thefts and (2) seize suspected stolen catalytic converters when no victim is present; and
WHEREAS, catalytic converters contain expensive precious metals including platinum, palladium, and rhodium, which currently the cost ranges between $1,000 and $17,000 per ounce; and
WHEREAS, the average cost of replacing a stolen catalytic converter and repairing the damage to the vehicle is generally between $1,000 and $2,500.
WHEREAS, individuals in possession of stolen catalytic converters often recycle them for substantial profit while victims of these thefts suffer the consequences of paying thousands of dollars in repairs, the inconvenience of repairing their vehicles, and feeling unsafe in the community; and
WHEREAS, catalytic converter thefts are on the rise because individuals are incentivized to commit catalytic converter thefts for multiple reasons including, but not limited to: (1) 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; (2) the ability to recycle catalytic converters at scrap metal yards for high dollar returns; and (3) loopholes in legislation protecting criminals from prosecution unless a victim can be identified; and
WHEREAS, preventing these crimes at present is nearly impossible due to the ease and speed with which catalytic converter thefts can be committed and the difficulty of tracing a particular catalytic converter back to its prior owner (the victim), because catalytic converters typically have no identifying markers; and WHEREAS, due to these crimes seldom being witnessed and a lack of legislation defining and prosecuting these thefts, virtually all catalytic converter theft cases in the City of Placentia have gone unsolved, which is fundamentally unacceptable for the citizens of the City of Placentia; and
WHEREAS, the citizens of Placentia and the Placentia Police Department are in need of legislation criminalizing mere possession of catalytic converters absent proof of ownership or lawful possession, for multiple reasons including, but not limited to: (1) achieving deterrence by establishing zero -tolerance for catalytic converter thefts; (2) establishing sanctions for possessing stolen catalytic converters; (3) preventing criminals from profiting from the sale and recycling of stolen catalytic converters; (4) providing indirect justice to the victims of catalytic converter theft cases that have gone or will go unsolved for the reasons discussed above; and (5) minimizing the fiscal and personnel impact on the City of Placentia and the Placentia Police Department by reducing the time invested in deterring and investigating catalytic converter thefts; and WHEREAS, this Ordinance is necessary to provide the City of Placentia and the Placentia Police Department clear legal authority to better protect the public and deter this criminal activity.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and correct and incorporated herein.
SECTION 2. Chapter 10.72 (UNLAWFUL POSSESSION OF A CATALYTIC CONVERTER PROHIBITED) OF TITLE 10 (PEACE, MORALS AND SAFETY) of the Placentia Municipal Code is hereby added to read in its entirety as follows:
Chapter 10.72 (UNLAWFUL POSSESSION OF A
CATALYTIC CONVERTER PROHIBITED) OF TITLE 10
(PEACE, MORALS AND SAFETY)
10.72.010 - Unlawful possession of a catalytic converter prohibited. a. It is unlawful for any person, other than a Core Recycler as defined in California Business and Professions Code Section 21610, to possess a catalytic converter Ordinance 0-2022-06
that is not attached to a vehicle, unless the possessor has valid documentation or other proof to verify that they are in lawful possession of the catalytic converter. b. This section does not apply to a detached catalytic converter that has been tested, certified, and labeled or otherwise approved for reuse, and being bought or sold for purposes of reuse in accordance with the federal Clean Air Act (42 U.S.C. §§ 7401 et seq,) and regulations under the Clean Air Act, as they may, from time to time, be amended.
10.72.020 Definitions
a. For purposes of this section, "lawful possession" includes (1) being the lawful owner of the catalytic converter or (2) in possession of the catalytic converter with the lawful owner's written consent. It is not required to prove the catalytic converter was stolen to establish the possession is not a "lawful possession." b. For purposes of this section, "documentation or other proof" means written document(s) that clearly identify the vehicle from which the catalytic converter originated based on the totality of the circumstances, and includes, but is not limited to, the following types of documents:
1. The license plate number and vehicle identification number of the car from which the catalytic converter was removed.
2. The name, address, and telephone number of the owner of the vehicle from which the catalytic converter was removed.
3. The signature of the vehicle owner authorizing removal of the catalytic converter.
4. The name, address, and telephone number of the owner of the catalytic converter.
10.72.030. Violations
a. Each and every violation of this section shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the Placentia Municipal Code. Each and every catalytic converter unlawfully possessed is a separate violation of this section.
b. The remedies provided herein are not to be construed as exclusive remedies. The City is authorized to pursue any proceedings or remedies provided by law. c. Any person who violates any provision of this section shall be guilty of a misdemeanor
punishable by a fine not to exceed $1,000, imprisonment in the county jail for a term not exceeding six months, or both.
Ordinance 0-2022-06
SECTION 3. This Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines because there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment. (14 Cal. Code Regs.§ 15061(b)(3).) SECTION 4. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 5. The City Clerk shall certify to the passage of this Ordinance and this Ordinance shall be published as required by law and shall take effect as provided bylaw.
INTRODUCED AND FIRST READ at a Regular Meeting of the Placentia City Council on the 21st day of June, 2022, and thereafter
PASSED, APPROVED AND ADOPTED this 5th day of July, 2022.
Rhonda Shader, Mayor
ATTEST:
Robert S. McKinnell, City Clerk
I, Robert S. McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Placentia, held on the 21st day of June 2022 and adopted at a regular meeting of the City Council of the City of Placentia, held on the 5th day of July 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
Ordinance 0-2022-06
ATTEST:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian Bettenhausen, City Attorney
Ordinance 0-2022-06