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09. L'.2023 3.5
Section 4. DEFINITIONS. 1\s used in this ordinance , Lhc following te1rns shall have the 2 rollowing meanings:
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lL.,AJ:Q. The County of Riverside Board of Supervisors. ('( unt •. The County of Riverside.
C'alc1I ti· comicrtcr. Any exhaust emission control device, or portion thereof. that converts toxic gases and pollutants in exhaust gas from an internal combustion engine into less-toxic pollutant s.
I) Jcumcn1alion or 01hcr prnor Written dornment(s) clearly identifying the vehicle from which the catalytic converter originated based on the totality nr the circumstances, which includes, but is not limited to, the !'olh)\ving types or documents:
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5. Bill or sale from the original owner with photograph s.
V eri liable documentation lrorn an auto-body shop provrng the o,, ncr relinquished the catalytic converter to the auto-body shop.
Verifiable electronic communication from the previous O\Vncr to the possessor relinquishing ownership or the catalytic converter.
Photographs ot' the vehicle from which the catalytic converter ori g inaLed.
Vehicle registration associated with the catalytic converter containing an etched associated license plate number or vehicle identification number or driver 's license number of registered vehicle owner.
I .awful Posscssio_l}. This term includes: (1) being the lawful owner or lhc catalytic converter or (2) being in possession of the catalytic converter with the la1,,vf'ul owner's verifiable written consent. It is not required lo prove the catalytic converter was stolen to establish the possession is an Unlawllrl Possession .
En forccmcnt _O nicer. The Sheri ff. the Transportation and Land Management Agency Director, Building Official, Code Enforcement Official, County CounseL or District Attorney, and their designccs.
2 ORl)]NANCE NO. 987
/\N ORDIN/\NCE OF TIIE COUNTY OF RIVERSIDE RELA nNG TO THL UNLAWFUL POSSESSION rn· A C/\TJ\LYTIC CONVf:R T l:R.
Section 5. l JNLAWFUL POSSESSION OF A CATALYTIC CONVERTER. Barring any 1 provision or stale Ja,--v pcrrnilling the same, it is unlawful for any person lo possess any catalytic co11vcrtcr 3 which is nnl attached Lo a vehicle unless the person has a verifiable valid proof of'owncrship of the catalytic cl C011\'Crlcr.
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This section docs not apply lo a detached catalytic converter that has been veri liably tested, certifi.cd, and labeled or otherwise approved for reuse, and is being bought or sold for purposes of n.:use in accordance with the federal Clean Air /\ct (42 U.S.C. § 7401 ct seq.) and regulations under the Clean Air Act, as they may he amended from time to time.
It is unlawful for any person to knowingly falsif'y or cau se lo be falsilicd any information in a record intended to show valid proor of ownership.
Evidence of unlawful possi.:ssion may he presumed by the number or detached catalytic rnnvcrters within one's possession and/or by the condition or the dismantled catalytic convertcr(s), including but not limited to, the manner a catalytic converter has been detached or cut from a vehicle.
VIOi ,ATIONS AND ENFORCEMENT.
Misdemeanor Penally. Any person who violates any provision of this ordinance is guilty or a misdemeanor, and upon conviction shall be punished by a t'inc not exceeding one thousand dollars ($1,000). or by imprisonrnenl in th<.: county jail for a term not exceeding one year, or by both. Upon any second or subsequent convict inn of the offonsc, the person shall be punished by the penalties or a line of one thousand dollars ($1,000) and by imprisonment tn the County jail for one year.
State Penalties J\pply. Nothing in this ordinance shall be inlcnckd to limil any ol'thc penalties provided for under California law, including hut not limited to the Penal Code, with regard to the sale, use, possession, delivery , and /or receipt or catalytic converters.
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ORD!Nt\NCF NO. 987
/\N ORDINANCE OF Tl IE COUNTY OF RIVERSIDE RELATING TO Tl IE UNLAWFUL POSSESSION 01" /\ CATALYTIC CONVEX! l:R
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Administrative Civil Penalty. In addition to any other penalties provickd by law , whcnever an [nforccmcnt Officer ddcrmim:s a violation of this ordinance has occurred. the Enlcm;cmcnt Officer shall have the authority to issue an administrative citation with an administrative civil penally to any person responsible for the violation. Any administrative civil penalty shall be one thousand dollars ($1.000) !'or the first o!Tcnsc, two thousand dollars ($2,000) for the second offense ,vithin thirty -six (36) month s, and five thousand dollars ($5,000) for each suh si..:quent offense within thirty -six (36) months. The administrative citation shall l'.Ontain the following inlcm11ation: (1) date , location and approximate time thi..: violatio11 was ohsi..:rvcd: (2) thc amount of the administrative civil penalty imposed l'or the violation; (3) instrnctions for the payment of the administrative civil penalty, the time period by which it shall be paid, and the consequences of failure to pay the administrative civil penalty within this time; (4) instructions on how lo appeal the administrative citation: and (5) the signature of the l:nforccrncnt Of'liccr. The failure of the administrative citation to set forth all required conll:nts shall not affect the validity of the administrative citation or any proceedings to cnrorce said citation.
The administrative civil penalty may be imposed via the administrative proces s sd forth in this ordinance or may be imposed hy the court if the violation requires court cnforcement without an admini s trative process.
Separate Offense s. i\cts , omissions, or conditions in violation or this ordinance that continue, exist. or occur on more than one day constitute seraratc violatillllS on each day . Violations continuing, existing, or occurring on the service date, the effective date. and each clay bet\.vecn the service date and the effective date urc separate violations. A person is guilty of a separate offense for each and cvcry day or portion thereof during which he or she commits, continues, or permits a violation of tlti s ordinance. J\ person is deemed guilty of a separate offense for each and every violation of this ordinance, or any portion thereof. Likewise, a person shall be 4 OIWlNAN CE NO. 98 7
AN OR.DI N A N CE OF TII E CO UNTY OF RIVERSIDE REL ATING TO r1 IE UNLAWF UL PO SSES SION OF A C/\.T A J ,Y J IC CO N VE RTER
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deemed guilty of a separate offense for each and every catalytic converter in the person's possession that is not altached to a vehicle unless the person has a val id proof' of ownership or the catalytic converter.
APPEAL OF ADMINISTRATIVE CIVIi. PFNALTIES.
Notice of Appeal. The recipient of an administrati vc citation may appeal its validit y by filing a written notice of appeal with the County department that is sued the administrative citation. The written notice of appeal must be filed within twenty C~0) calendar days of service or the administrative citation. The notice of appeal shall be accompanied by either an advance deposit of the administrative civil penalty imposed in the administrative citation or a request for advance deposit hardsltip waiver as set forth below. Failure to properly Jile a \Vrittcn notice ot' appeal within this time period shall constitute a waiver or the right to appeal the administrative citation. The notice or appeal shall be submitted on a fi.mn rrovidcd by the County department that issued the administrative citation and shall contain the foll<J\\ing information: (I) a brief' statement setting forth the appellant's inti.:rcst in the proceedings; (2) a brief' statement of the material facts which the appellant claims support a contention that no violation exists and that no administrative civil penalt y should be imposed or that an administrative civil penalty or a different amount is warranted; (3) an address at which the appellant agrees that notice of any additional proceeding or an order relating to the imposition of the administrative civil pc11alty may be received by maiL and (4) the notice of appeal must be signed by the appellant under penalty or pc1jury .
Advance Deposit JJardship Waiver, Any person filing a notice or appeal to cuntcst an administrative citation and who is financially unable to make the advance deposit or the administrative civil penally as required may submit a request for advaucc deposit hardship waiver with the notice of appeal. The request for advance clepusit hardship waiver shall be tiled with the County depurtmcnt that issued th e 5 OIU)INANCE NO. 987
J\ N ORDJN/\ NCE OF Tl IE COUNTY OF RIVERSIDE Rl~LATING TO TIIE lJNLA WFlJI. POSSESS!ON OF/\ CATALYTIC CONVERT[R
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administrative citation on a form provided by the same County department. The request shall be documented by a sworn a!Tidavit, logdher with any supporting documents or materials, demonstrating lo the salisraction or the l~nl'orccrrn:11( Officer the person's actual financial inability to deposit the full amount of the administrali\c civil penalty in advance of the hearing. The requirement of dcpositi11g the l'ull amount of the administrative civil penally shall be stayed for ten (10) calendar days pending a determination by the Fnforccmcnt Officer of the approval or denial or the request for advance deposit hardship waiver. The h1forecrnent O!'flccr shall issuL'. a written determination stating the approval or listing the reasons !'or the denial of the request for advance deposit hardship waiver. The written determination shal I be mailed to the appellant at the address provided in the request. Ir the Enforcement Officer denies a request for advance deposit hardship waiver, the appellant shall remit the deposit to the County within fifteen (15) calendilr days of the date or mailing notice of the denial. The written determination or the Fnforccment Ol'ficer on this matter shall be Lina!.
I lcaring 011 Appeal of Administrative Citation. Upon receipt of a tirncly iilcd notice of appeal of an administrative citation with an administrative civil penalty, an appeal hearing to consider the issuance of the administrative civil penalty shall be hcld before the County I Icaring Officer, appointed by the Board of Supervisors pursuant to Ordinance No. 643 and (iovcrnmcnl Code section 27720. At the time fixed in the notice of hearing, the County Hearing Orticer shall receive evidence lhlm the Enforcement Ol1icer and the appellant regarding the violation of prohibitiom contained in Section 5 of this ordinance , as well as any facts the appellant claims support a contention that no violation exists and that no administrative civil penally should be imposed or that an administrative civil penalty of a different amount is warranted. In conducting the hearing, the County I !caring Officer shall not be 6 ORl)INANCE NO. 987
AN URDINANCE OF TIIE COUNTY OF RIVERSIDE RELATING TO Tllf: UNLAWFUL POSSESSION OF A CATAI.YTIC CONVERTER
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limited hy the technical rules of evidence. Failure or the appellant to appear shall not affect the validity or the proceedings or order issued thereon.
County Hearing Officer's Decision. The County Hearing Officer shall issue a written decision following ·the appeal hearing, which shall be issued to the appellant at the appellant's address set forth in the notice of appeal. Ir the administrative citation is determined to have been valid at the time of its issuance, the County Hearing Officer shall affirm the administrative civil penally amount pursuant to subsection C. of Section 6 of this ordinance, and order said penalty to be paid within lilken (15) calendar days of issuance of the County I lcaring Officer's decision. The County Ucaring Oflicer's decision shall contain instructions for obtaining judicial review of the decision as set forth below.
Judicial Review of County Hearing Officer's Decision on Administrative Civil Penalty. Within twenty (20) calendar days of the date of issuance of the final decision or the County Hearing Officer, the appellant may contest the County licaring Officer 's decision by filing an appeal in the Riverside County Superior Court pursuant to Government Code section 53069.4. 'l'he fee for [i!ing the appeal is spcci fied in Government Code section 70615 ($25.00 as of the effective date of this ordinance) and shall be paid to the Clerk of the Court. The failure to file the written appeal and to pay the filing fee within this period shall constitute a waivl:r of the right to an appeal, and the County llcaring Officer's decision shall be deemed final and confirmed. A copy of the notice of appeal of the County If earing Officer's Decision filed in the Riverside County Superior Court shall be served in person or by first class 1nail upon the County Department that issued the administrative citation by the appellant. The conduct or the appeal hearing is a subordinate judicial duly and may be performed by traffic trial commissioners and other subordinak judicial officials at the direction of the Presiding Judge of the Riverside County Superior Court. The appeal shall be heard de novo, and the contents of the file of the County 7 ORDINANCE NO. 987
AN ORDINANCE OF TIIE COUNTY OF RIVERSIDE RELATING TO TIIE UNLAWFUL POSSESSION OF A
CATALYTIC CONVERTER
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Assembly Bill No. 641
CHAPTER 537
An dct to amend Sections 220, 221, and 11500 of the Vehicle Code, relating to vel1icles.
[,\pprn ved by Governor Octobe1 8, 2023. Filed wi,h Seuelary of State Ocwber 8, 202:J.)
LH;}SLATlVE COUNSEL'S Dl(;ES'f
AB 641, Virrce Fong. Automobile dismantlers: catalytic converters.
Existi11g law defines an "automobile disrnantler" as a person who is rng,1ged in the business of buying, selling, or dealing in vehicles that are required to be registered Lmder the Vehicle Code, for the purpose of dism.i1Hl.ing the vehicles, who buys or sells the integral pa1t:s and component materiuls of those vehicles, or deals in used motor vehicle purts, as specified.
The definition of "automobi.le dismantler" also includes a person who keeps or m,1int,1ins on property owned by the person, or under thelr possession or control, 2 or nwre unregistered motor vehicles no longer intended for, or in condition for, lcg,li use on the highways, as specified. Existing law makes it a crime for a person to act as an automobile dismantler without having ,Ill est<11Jlished place of business, meeting specifipd requirements, and having c1 cuirent, valid license or temporary permit issued by the Depa1trnent of MolOI Vehicles.
This b.ill would revise the definition of an automobile dismantler to include a person who keeps or maintains on prnperty owned by the person, or under thl·ir po.,ses,io11 o r rnntrnl, f11r any of the abt1ve-clesc:ribecJ p11111oses 9 or more used catalytic converters that have been cut fiorn a motor vehicle using a sharp implement. The bill would make a first violation of acting as an automobile clismantlrr due to possessing 9 or more catalytic converters as described above punisl1able as an infraction, and subsequent violations punishable as a misdemeanor, as specified. By expanding the definition of an automobile dismantler, the bill would expand the scope of an existing crime, tliereby imposing a state-mandated local program. The bill would exclude from the revised definition of an automobile dismantler a junk dealer, recycler, commercial enterprise, or core recycler, as specified, that has 9 or more of these used catalytic converters.
Existing law excludes from the definition of an "automobile dismantler" tl1e owner or operator of any premises on which 2 or more unregistered and inope1 able vehicles are held or stored, if the vehicles are used for restoration or replacement parts or othen-vise, in conjunction with specified businesses, including the operation and maintenance of any fleet of motor vehicles used for the transportation of persons or property.
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This bill would also exclude fio111 the definition of an "automobile dismantlcr" a pctson who possesses 9 or more cataly1ic conve1ters that are Lised in the same manner as the unregistered and inoperable vehicles.
The California Constitution requires the state to 1eimburse local agencies c1nd school districts for certain costs mandated by the state. StatutOJ}' provisions establish procedures fo r mc1king that reimbursement.
This bill would pmvide that no reimbursement is required by this act for ii specified reason.
The people of the State of California do enact as follows:
SECTION 1. Section 220 of the Vehicle Code is amended to read:
220. (a) An "alllomobile dis111c1ntler" is a person not otherwise expressly excluded by Section 221 who is engaged in the business of buying, selling, 01 de;illng in vehicles of a type requi1ed to be registered under this code, including nomepairable vehicles, for the purpose of dismantling the vehicles, wllo buys or sells the integral parts and c:ompone!ll materials thereof, in whole or in patt, 01 deals in used motor vehicle parts. This section does not apply to the occasional and incidental dismantling of vehicles by dealers \vho l1ave secured dealet· plates from the department for the cunent year whose principal business is buying and selling new and used vehicles, or by owm•rs who desire to dismantle not more than tl1ree personal vehicles within any 12-month pe1 iocl.
(b) Notwithstanding subdivision (a), "automobile dismantler" includes a person not otherwise expressly excluded by Sect.ion 221 who keeps or maintilins on real property owned by the person, or under their possession m control, elther of the following vehicles or catalytic converters, whether for the purpose of resale of used parts, for the purpose of reclaiming for use some 01· all of the mate1 ials, whether metal, glass, fabric, or otherwise, or to dispose of them, 01· fo r any other purpose:
(1) Two m more unregistered motor vehicles no longer intended for, or in condition for, legal use on the highways.
(2) Nine or more used catalytic converters that have been cut from a 1110tor· vehicle using a sharp implement.
(c) (1) Notwithstanding paragraph (2) of subdivision (b), a "junk dealer," as defined in Section 2ltiOJ of the Business and Professions Code, a "recvcler," as defined in Section 21605 of the Business and Professions Code, o!' a "commercial enterprise'' or "core recycler," c1s defined in Section 21610 of the Business and Professions Code, is not an automobile clismantler even if it possesses nine or more used catalytic converters that have been cut from a motor vehicle using a sharp implement,
(2) Tl1is subdivision does not apply to a "commercial enterprise" described in subpu1 agraph (A) of paragrnph (2) of subdivision (a) of Section 21610 of the Business and Professions Code,
SEC. 2. Section 221 of the Vehicle Code is amended to read:
94 -3-Ch. 537
221. (il) The term "a111omobile dismantler" does not include any of the following:
(1) Tl1e owner or operator of any premjses on which two or more unregistered and inoperable vehicles are held or stored, or a perso11 who possesses 11ine or more catalytic converters, if the vehicles or catalytic conve l'ters are used for restoration or replacement parts or otherwise, in conjunction with any of the following:
(A) Any business of a licensed dealer, manufacturer, 01 transporter. (B) The operation and maintenance of any fleet of motor vehicles used for the transportation of persons or property.
(C) Any agricultural, farming, mining, or ranching business that does not sell parts of the vehicles, except for either of the following purposes:
(i) FOi use in repairs performed by that business.
(ii) For use by a licensed dismantkr or an entity described in paragraph (3 }.
(D) Any motor' vehicle repair business registered with the Bureau of Automotive Repair, or those exempt from registra[ion under the Business ,md Profr•ssions Code 01 applicable regulations, thal does not sell part~ of the vehicles, except for either of the following purposes:
(i) Fm use in repairs pe1fonned by that business.
(ii) For use by u licensed rJismantler or an entity described in paragraph (3).
(2) A person engaged in the restmation of vehicles of the type described in Section 5004 or in the restoration of other vehicles having historic or c lassie ,,ig11ificam e.
(3) The owner of a steel mill, scrap metal processing facility, or similar establishment purchasing vehicles of a type subject to registration, not for the pu1pose ol selling the vehicles, in whole or in part, but exclusively for the purpose of reducing the vehicles to their component materials, if either the facility obtains, on ii form approved or provided by the department, a ce1tificc1tion L1y the person from whom the vehicles a1e obtained that each of the vehicles has been cleared for dismantling pursuant to Section 5500 m l 1520, or the facility complies with Section 9564.
(4) Any person who acquires used parts or components for resale from vehicles which have been previously cleared for dismantling pursuant to Section 5500 or 11520.
Nothing in this paragraph permits a dismantler to acquire or sell used pans or components during the time the dismantler license is under suspension.
(b) Any vehicle acquired for the purpose specified in paragraph (3) of subdivision (a) from other than a licensed dismantler, or from other than an i ndPpemlent hauler who obtain eel the vehicle, m ports tllereof from a licensed dismantler, shall be accompanied by either a receipt issued by the department evidencing proof of clearance for dismantling under Section 5500_, or a copy o! the ordinance or order issued by a local autl10rity for the abatement of the vel1icle pursuant to Section 22660. The steel mill, scrap metal processing facility, or similar establishment acquiring the vehicle shall attach the form 94 Ch . .537 -4-
evidencing clearance ot· c1batemenl lo the certification required pursuant to this section.
All forms specified in p,uagrapti (3) of subdivision (a) and in this subdivision sh,111 be ,wailable for inspection by a peace officer during business hours.
SEC. 3. Section 11500 of the Vehicle Code is amended to read:
11500. (il) (I) It shall be unlawful for any person to act as an automoblle dismantler without first having ,m established place of business that meets the requi1 ements sf:'t forth in Section 11 Sl4 and withollt first having procured a license or tempora,y permit issued by tl1e department, or when such license or tcmprn ary permit has been canceled, suspended, revoked, invalidated, expired, or the terms and conditions of an agreement effected pursuant to Sl'ction 11509.1 have not been fulfilled. A vio.lation of this subd.ivision is a misdemeanor, and is subject to the penalties described in paragraph (2). (2) Notwithstanding Section 42002, a person convicted of a first violation of subdivision (a) for any reason other than described in paragraph (3) shall be punished by a fine of not less than two hundred fifty dollars ($250). A person convicted of a second separate violation of subdivision (a) for this reason shilll be punished by a fine of not less than five hundred dollars (SSOO). A person convicted of a third or subsequent violation of subdivision (il) for Lhis reason shall be punished by a fine of not less than one thousand dollars ($1,000).
(3) A person who violates subdivision (a) clue to possessing nine or more c,italytic converters that have been cut from a vehicle pursuant to Section 220 is, for a first violation, guilty of an infiaction punishable by a fine of not mote t\1an one hund1 ed dollars ($100). A person convicted of a second sepa1 ate violation of subdivision (a) for this reason is guilty of a misdemeanor punisliable by a fine of not less than two hundred fifty dollars (SJ.SO). A person convicted of a third separate violation of subdivision (a) for tliio 1e<1son is guilty of a misdemeanor punishable by a fine of not less than live hundred dolL:us (.$500). A person convicted of a fourth or subsequent violation of subdivision (a) for this reason shall be punished by ii fine of not lrss than one thousand dollars ($1,000). (b) (1) A building or· place used for the purpose of automobile disrnat1tling in violation of subdivision (a) is a public nuisance subject to being enjoined, abated, and prevented, and for which damages may be recovered by any public body or officer.
(2) As used in this section, ''public body" means any state agency, county, city, district, or any other political subdivision of the state.
SEC. 4. No reimbursement is required by this act pursuant to Section 6 of A1ticle XII! B of the California Constitution because the only costs that llld.Y be incwTeu IJy a local agency or school district will be incurred because this act creates a ne1,v crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or in fraction, witl1in the meaning of Section 17556 of the Government Code, or changes the definition of a crime 94 -5-Ch. 537
willlin tlie meaning of 5('Ction 6 of Ankle X[I] B of tile Cdlifornia Constitution.
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Department that issued the administrative citation shall be received into cvickncc. /\ copy of the administrative citation and the Tlcaring ()fficer's lkcision shall be admitted inlo evidence as prima facie evidence of the facts stated thc1·ein. The Court shall request that the County Department's file be forwarded to the Court, lo be received within firtecn ( 15) calendar days of the request. The Court shall retain the lee for filing the appeal regardless of the outcome of the appeal. rr Lhe Court finds in favor of the appellant. the amount of the foe shall he reimbursed to the appellant by the County in accordance with the judgment of the Court. If the penalty has not been deposited and the decision of the Court is against the appellant. the County Department tbat issued the administrative civil penalty may proceed to collect Lhc penalty using all means available under the law.
NON-EXCLUSIVE R.EMEDIES AND PENALTIES. !\II remedies and penalties for 1 J violalions of lhc prohihitions in this ordinance shall be cumulative and not exclusive. Fnfom.:mcnt by use 14 or any administrnlivt:, criminal or civil action. citation or administrative proceeding or abatement remedy 1 5 docs nut prccl udc the use of additional citations or other remedies as authorized by other ordinance or law. l (J I in!'orccmcnt n.:mcdics may he employ led concurrently or consecutively. Conviction and punishment or or 17 cnf'orcerncnt against nny person hereunder shall not rcltcve such person Crom the ri..:sponsibility ol' 18 correcting, removing or abating a violation, nor prevent the enforced correction. removal or abatl'nH.:nt 19 thcrrnr.
20 Section 9 . SEVFRABlLfTY. The provisions of this ordinance arc sl.'.paratc and severable. rr 21 any provision of this ordinance is for any reason held by a court to be unconstitutional or invalid, the f~oard 22 declares that it would have passed this ordinance irrespective of the invalidity n t' the provision held to be 23 unconstitutional or invalid. Such unconstitutionality or invalidity shall therefore not arI'ccL the remaining 24 provisions or this ordinance. or the validity of its application to other persons or circumstances. 25 26
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8 ORDINANCE NO. 987
A'.\ ORDINANCE OF Tl IE COl.lN IV OI· IUVEIZSIDE RELATING TO Tl ll: lJNLA WFUL POSSLSSION m ;\
CATALYTIC CONVERTER
Section I 0. EFFECTIVE DATE. This ordinance shall take effect thirty (30) days from the 2 date of adoption.
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CLFRK OF TIIE BOARD
KIMBERLY A. RECTOR
BOARD OF SUPERVISORS OF THE COUNTY
OF RIVERSIDE, STATE OF CALJFORNIA
KEVIN JEFFRIES, Chair
County of Riverside Board or Supervisors
fly fb;ilJ_.,,~~·-_t _
(f;::uly !er· of the Board
(SEAL)
APJJROT 'U AS TO FORM:
MINII C. TRAN
County Counsel
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Kelly Moran
Chief Deputy County Counsel
9 ORDINANCE NO. 987
AN ORDINANCE OF TI IE COUNTY OF RIVERSIDE RELATING TO 'I I IE UNLA WFlJL POSSESSION CW A
CATALYTIC CONVERTER