HomeMy WebLinkAbout2022-02 - Prohibiting the Unlawful Possession of Catalytic ConvertersORDINANCE NO. 2022-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, ADDING CHAPTER XV (UNLAWFUL POSSESSION OF A CATALYTIC
CONVERTER) TO TITLE 11 (OFFENSES —MISCELLANEOUS) OF THE COSTA
MESA MUNICIPAL CODE TO ESTABLISH REGULATIONS PROHIBITING THE
UNLAWFUL POSSESSION OF CATALTYIC CONVERTERS IN THE CITY
WHEREAS, the City of Costa Mesa, pursuant to its police power, may enact
regulations for the public peace, morals, and welfare of the City; and
WHEREAS, in recent years, the residents of the City of Costa Mesa have been the
victims of hundreds of catalytic converter thefts; and
WHEREAS, the theft of catalytic converters is one of the fastest growing crimes in
Costa Mesa, increasing from 26 in 2019 to 218 in 2021, a 1,223% increase; and
WHEREAS, catalytic converters contain expensive precious metals including
platinum, palladium and rhodium; and
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 their community; and
WHEREAS, catalytic converter thefts are on the rise statewide 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 manner 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 to
$1,200 per catalytic converter, and (3) loopholes in current laws protecting suspected
criminals from prosecution unless a victim can be identified; and
WHEREAS, finding the victims of these crimes is nearly impossible due to the
manner in which the catalytic converter thefts occur and lack of identifying markers to link
a stolen catalytic converter to the victim; and
WHEREAS, the inability to identify victims of catalytic converter thefts has stymied
the ability to successfully prosecute individuals for the thefts; and
WHEREAS, there are currently no City, State or Federal laws applicable within the
City of Costa Mesa to define and punish catalytic converter thefts absent an identifiable
victim; and
Ordinance No. 2022-02 Page 1 of 5
WHEREAS, there are currently no City, State or Federal laws applicable within the
City of Costa Mesa to define and punish the recycling or sale of unlawfully obtained
catalytic converters, thus incentivizing criminal enterprise of catalytic converter thefts; and
WHEREAS, there are currently no City, State or Federal laws applicable within the
City of Costa Mesa 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, this Ordinance is necessary to provide the Costa Mesa Police
Department a means to protect the public, deter this criminal activity and promote a more
productive use of Costa Mesa Police Department staff resources by staff responsible for
investigating catalytic converter thefts; and
WHEREAS, all legal prerequisites prior to the adoption of this Ordinance have
occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA
DOES ORDAIN AS FOLLOWS:
Section 1. Recitals. The City Council finds that all the recitals, facts and
conclusions set forth above in the preamble of this Ordinance are true and correct.
Section 2. Amendment to Title 11. Title 11 (Offenses —Miscellaneous) of the
Costa Mesa Municipal Code is hereby amended to add ChapterXV (Unlawful Possession
of a Catalytic Converter) as follows:
CHAPTER XV. UNLAWFUL POSSESSION OF A CATALYTIC CONVERTER
11-400. Definitions. The following terms as used in this chapter shall, unless the context
already indicates otherwise, have the respective meanings herein set forth herein.
(a) 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) Bill of sale from the original owner with photographs.
(2) Documentation from an auto body shop proving the owner relinquished the
catalytic converter to the auto body shop.
(3) Verifiable electronic communication from the previous owner to the possessor
relinquishing ownership of the catalytic converter.
Ordinance No. 2022-02 Page 2 of 5
(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.
(b) Lawful possession means 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.
11-401. Unlawful possession of a catalytic converter
It shall be unlawful for any person to possess any catalytic converter that is not attached
to a vehicle unless the person has valid documentation or other proof to verify that the
person is in lawful possession of the catalytic converter.
11-402. Falsification of proof of ownership.
It shall be unlawful for any person to knowingly falsify or cause to be falsified any
information in any documentation or other proof intended to show lawful possession of a
catalytic converter.
11-403. Violations; penalties.
(a) Each and every violation of this chapter shall constitute a separate violation and
shall be subject to all remedies and enforcement measures authorized by this
Code. Each and every catalytic converter unlawfully possessed shall constitute a
separate violation of this chapter.
(b) Violation of any provision of this chapter shall be deemed a misdemeanor
punishable pursuant to the provisions of section 1-33 of this Code.
(c) 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 3. Environmental Compliance. This Ordinance has been reviewed for
compliance with the California Environmental Quality Act (CEQA) and the CEQA
Guidelines, and has been found to be exempt pursuant to Section 15061(b)(3) (General
Rule) of the CEQA Guidelines because it can be seen with certainty that there is no
possibility that the passage of this Ordinance will have a significant effect on the
environment.
Section 4. Inconsistencies. Any provision of the Costa Mesa Municipal Code or
appendices thereto inconsistent with the provisions of the Ordinance, to the extent of such
inconsistencies and no further, are repealed or modified to that extent necessary to affect
the provisions of this Ordinance.
Ordinance No. 2022-02 Page 3 of 5
Section 5. Severability. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held to be invalid or unconstitutional by any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council of the City of Costa Mesa 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 are portions be declared invalid or
unconstitutional.
Section 6. Effective Date. This Ordinance shall become effective thirty (30)
days after its adoption.
Section 7. Certification. The City Clerk shall certify to the passage and adoption
of this Ordinance and shall cause the same to be posted or published in the manner
required by law.
Ordinance No. 2022-02 Page 4 of 5
PASSED AND ADOPTED this 71h day of June, 2022.
ATTEST:
Brenda Gree ,City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
6o ephens, Mayor
APPROVED AS TO FORM:
KirAberly Ha Barlow, City Attorney
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY
that the above and foregoing Ordinance No. 2022-02 was duly introduced for first reading
at the regular meeting of the City Council held on the 171h day of May, 2022, and that
thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City
Council held on the 7th day of June, 2022, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: CHAVEZ, GAMEROS, HARLAN, HARPER, REYNOLDS, MARR,
AND STEPHENS.
NOES: COUNCIL MEMBERS: NONE.
ABSENT: COUNCIL MEMBERS: NONE.
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 81h day of June, 2022.
B ENDA GRE CITY CLERK
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