ORDINANCE NO. 3917
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TORRANCE, CALIFORNIA, AMENDING CHAPTER 5 OF
DIVISION 4 OF THE TORRANCE MUNICIPAL CODE TO
ADD A NEW SECTION TO ARTICLE 6 PROHIBITING THE
UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS
IN THE CITY
The City Council of the City of Torrance finds and declares :
WHEREAS, the residents of the City of Torrance have been plagued with hundreds of catalytic converter thefts from automobiles over the past several years; and WHEREAS, catalytic converter thefts have dramatically increased over the past several years, amounting to well over 500 thefts per year; and
WHEREAS, there is currently no City, State, or Federal legislation applicable within the City of Torrance to define and punish the sale of unlawfully obtained catalytic converters, thus incentivizing criminal enterprise of catalytic converter thefts; and WHEREAS, there are currently no City, State, or Federal legislation applicable within the City of Torrance requiring individuals to show proof to law enforcement as to how they obtained catalytic converters, thus limiting law enforcement's ability to protect the public by preventing catalytic converter thefts and preventing law enforcement from seizing suspected stolen catalytic converters when no victim is present; and
WHEREAS, catalytic converter thefts continue to occur at a high rate 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 the thefts in a matter of seconds using common tools such as a reciprocating saw, (2) the ability to recycle catalytic converters at scrap metal yards for high dollar returns ranging from $200.00 to $1,200.00 per catalytic converter, and (3) current legislation which inhibits prosecution unless a victim can be positively identified; and WHEREAS, finding a victim of these crimes is nearly impossible due to the undetectable nature of catalytic converter thefts in conjunction with the component not being traceable to link back to the victim; and
WHEREAS, due to the lack of legislation defining and prosecuting these thefts, the majority of all catalytic converter cases in the City of Torrance have gone unsolved, which is fundamentally unacceptable for the residents of the City of Torrance; and WHEREAS, the residents of the City of Torrance and the Torrance Police Department are in need of legislation for multiple reasons including, but not limited to: (1) deterrence, (2) sanctions for possessing stolen catalytic converters, (3) preventing offenders from profiting from the illicit sales or recycling for stolen catalytic converters, (4) providing justice to victims, (5) reducing crime rates, (6) minimizing fiscal and personnel impact invested in addressing these crimes; and
WHEREAS, individuals who are in possession of stolen catalytic converters profit from these crimes while the victims suffer tremendous consequences of paying thousands of dollars in repairs, the inconvenience of repairing their vehicles, and feeling their property is unsafe in the community; and
WHEREAS, this Ordinance is necessary to provide the City of Torrance and the Torrance Police Department with clearly established legal authority to protect the public and deter this criminal activity.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TORRANCE DOES ORDAIN AS FOLLOWS:
SECTION 1
A new Section 45.6.32 is added to Article 6 of Chapter 5 of Division 4 of the City of Torrance Municipal Code to read in its entirety as follows:
45.6.32 UNLAWFUL POSSESSION OF A CATALYTIC CONVERTER
a) It shall be unlawful to possess any catalytic converter that is not attached to a vehicle unless the possessor has valid documentation or other proof to verify they are in lawful possession of the catalytic converter.
b) For purposes of this section, "lawful possession" includes being the lawful owner of the catalytic converter or 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."
c) For the purposes of this section, "documentation o r other proof' means written documentation 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 document types:
1) Bill of sale from the original owner with photographs 2) Documentation from _an auto-body shop proving the owner relinquished the catalytic converter tq the auto -body sh op
3) Verifiable e lectron ic commun ications from the previous owner to the possessor relinquishing ownership of the catalytic converter
4) Photographs of the vehicle from which the catalytic converter originated 5) Vehicle registration associated with the catalytic converter containing an etched associated license plate number or vehicle identification number d) 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 Torrance Municipal Code. Each and every catalytic converter unlawfully possessed is a separate violation of this section.
e) Each and every violation of this section may be prosecuted as a misdemeanor and upon conviction be subject to a fine not to exceed $1000 or imprisonment in the county jail for a period of not more than 12 months, or by both such fine and imprisonment. 2 f) 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.
SECTION 2
This Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to the 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 3
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Ordinance.
The City Council of the City of Torrance hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or other portions might subsequently be declared invalid or unconstitutional.
SECTION4
Any provisions of the Torrance Municipal Code or its appendices, or any other ordinances of the City inconsistent with this Ordinance, to the extent of the inconsistencies and no further, are repealed.
SECTION 5
This Ordinance shall take effect 30 days after the date of its adoption. Within 15 days following adoption, this Ordinance or a summary of this Ordinance if authorized by the City Council, will be published at least once in the Daily Breeze, a newspaper of general circulation, published and circulated in the City of Torrance.
INTRODUCED and APPROVED this 23rd day of May, 2023.
ADOPTED and PASSED this 6th day of June, 2023 .
APPROVED AS TO FORM:
PATRICK Q. SULLIVAN, City Attorney ATTEST:
~ttorney
3 TORRANCE CITY COUNCIL ORDINANCE NO. 3917
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF TORRANCE
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I, Rebecca Poirier, City Clerk of the City of Torrance, California, do hereby certify that the foregoing Ordinance was duly introduced and approved at an adjourned regular meeting of the City Council held on the 23 rd day of May 2023 and was duly adopted at a regular meeting of said Council held on the 6th of June 2023 by the following roll call vote:
AYES: COUNCILMEMBERS Kaji, Kalani, Lewis, Mattucci, Sheikh and Mayor Chen
NOES: COUNCILMEMBERS None.
RECUSE: COUNCILMEMBERS None.
ABSTAIN: COUNCILMEMBERS Griffiths.
This ordinance was duly published in accordance with State law (GC 40806).
Date:
e ecca oiner,
City Clerk of the City of Torrance
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