ORDINANCE NO. ---
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
CLEMENTE ADDING CHAPTER 10.54 (UNLAWFUL POSSESSION OF
A CATALYTIC CONVERTER PROHIBITED) OF TITLE 10 (VEHICLES
AND TRAFFIC) TO THE SAN CLEMENTE MUNICIPAL CODE
ESTABLISHING REGULATIONS PROHIBITING THE UNLAWFUL
POSSESSION OF CATALYTIC CONVERTERS
WHEREAS, citizens nationwide have experienced nsing rates of catalytic converter thefts, numbering approximately 26,000 through May 2021; and WHEREAS, citizens statewide have experienced rising rates of catalytic converter thefts, numbering approximately 8,000 through May 2021; and WHEREAS, citizens countywide have experienced rising rates of catalytic converter thefts, numbering approximately 2,000 this year to date; and WHEREAS, the citizens of San Clemente 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 San Clemente 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 San Clemente 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 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 ranging from $200 to $1,200 per catalytic converter; 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, the citizens of San Clemente and the Orange County Sheriff's 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 8-16-22 / 1 0C-3