HomeMy WebLinkAboutCORRESPONDENCE - #41CITY COUNCIL ORDINANCE NO. 21-13
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
IRVINE, CALIFORNIA, ADDING SECTION 115 TO
CHAPTER 1 OF DIVISION 14 OF TITLE 4 OF THE IRVINE
MUNICIPAL CODE ESTABLISHING REGULATIONS
PROHIBITING THE UNLAWFUL POSSESSION OF
CATALYTIC CONVERTERS IN THE CITY
WHEREAS, the citizens of Irvine have been plagued with hundreds of catalytic
converter thefts from automobiles over the past several years; and
WHEREAS, catalytic converter thefts are the number one property crime in Irvine
in terms of increase over last year, including a 541 % increase from 2020 to 2021, bringing
the total to over 500 since the beginning of 2020; and
WHEREAS, there is currently no City, State, or Federal legislation applicable within
the City of Irvine 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 Irvine 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 legislation applicable
within the City of Irvine requiring individuals to provide 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 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 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 to
$1,200 per catalytic converter, and (3) loopholes in legislation protecting criminals from
prosecution unless a victim can be identified; and
WHEREAS, finding a victim of these crimes is nearly impossible due to the
undetectable nature of the catalytic converter thefts and catalytic converters being
untraceable to link back to a victim (no identifying markers on the catalytic converters);
and
WHEREAS, due to lack of legislation defining and prosecuting these thefts, 99%
of all catalytic converter theft cases in the City of Irvine have gone unsolved, which is
fundamentally unacceptable for the citizens of the City of Irvine; and
1 CC ORDINANCE NO. 21-13
ATTACHMENT
WHEREAS, the citizens of Irvine and the Irvine Police Department are in need of
legislation for multiple reasons including, but not limited to: (1) deterrence by establishing
zero -tolerance for catalytic converter thefts, (2) 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 converters
whose cases will go unsolved, (5) reducing Part I crime statistics which have been
substantially negatively impacted by catalytic converter thefts, and (6) minimizing the
fiscal and personnel impact on the City of Irvine invested in deterring and investigating
catalytic converter thefts; and
WHEREAS, individuals who are in possession of stolen catalytic converters
recycle them for substantial profit while victims of these thefts suffer tremendous
consequences of paying thousands of dollars in repairs, the inconvenience of repairing
their vehicles, and feeling unsafe in the community; and
WHEREAS, this Ordinance is necessary to provide the City of Irvine Police
Department clearly established legal authority to protect the public and deter this criminal
activity.
NOW, THEREFORE, the City Council of the City of Irvine DOES HEREBY
ORDAIN as follows:
SECTION 1. The above recitals are true and correct and incorporated herein.
SECTION 2. Section 115 of Chapter 1 of Division 14 of Title 4 of the Irvine
Municipal Code is hereby added to read in its entirety as follows:
Section 115 of Chapter 1 of Division 14 of Title 4
UNLAWFUL POSSESSION OF A CATALYTIC CONVERTER
Sec. 4-14-115. — 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 purposes of this section, "documentation or other proof' means written
document(s) that clearly identify the vehicle from which the catalytic
converter originated and includes but is not limited to the following
document types: bill of sale from the original owner with photographs,
2 CC ORDINANCE NO. 21-13
documentation from an auto -body shop proving the owner relinquished the
catalytic converter to the auto -body shop, verifiable electronic
communication from the previous owner to the possessor relinquishing
ownership of the catalytic converter, photographs of the vehicle from which
the catalytic converter originated, vehicle registration associated with the
catalytic converter containing an etched associated license plate number or
vehicle identification number. The validity of "documentation or other proof'
is based on the totality of the circumstances.
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 Irvine 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 in the discretion of the District
Attorney be prosecuted as a misdemeanor and upon conviction be subject
to a fine not to exceed $500 or imprisonment in the county jail for a period
of not more than 12 months, or by both such fine and imprisonment.
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 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).) City staff shall cause a
Notice of Exemption to be filed as authorized by CEQA and the State CEQA Guidelines.
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 by law.
3 CC ORDINANCE NO. 21-13
PASSED and ADOPTED by the City Council of the City of Irvine at a regular
meeting held on the day of , 2021.
MAYOR OF THE CITY OF IRVINE
ATTEST:
CITY CLERK OF THE CITY OF IRVINE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF IRVINE )
I, CARL PETERSEN, City Clerk of the City of Irvine, HEREBY DO CERTIFY that
the foregoing ordinance was introduced for first reading on the 26t" day of October, 2021
and duly adopted at a regular meeting of the City Council of the City of Irvine, held on the
day of , 2021.
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
CITY CLERK OF THE CITY OF IRVINE
4 CC ORDINANCE NO. 21-13
THE CITY OF ARTESIA, CALIFORNIA
18747 CLARKDALE AVENUE, ARTESIA, CALIFORNIA 90701
Telephone 562 / 865-6262
FAX 562 / 865-6240
"Service Builds Tomorrow's Progress"
May 6, 2022
Mayor and Members of City Council
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92702
RE: Artesia's New Ordinance to Deter Catalytic Converter Theft
Mayor and City Council:
The City of Artesia has suffered a surge in thefts of catalytic converters over the past year, much
like most cities in California. The Artesia City Council sought a way to effectively address this
huge public safety concern in our community, as there is no State or Federal legislation supporting
law enforcement, in the conviction of individuals found in possession of uninstalled converters.
Our City Council recently amended the Artesia Municipal Code by adding a chapter to make the
possession of an uninstalled catalytic converter unlawful. The new Ordinance will also make it
illegal to knowingly falsify information or documentation intended to show valid proof of ownership
of an uninstalled catalytic converter. The amendment to the Code will give our law enforcement
officers the necessary tools to begin prosecuting these types of crimes in our community
beginning May 14. Each of these offenses will constitute as separate violations and will be treated
as misdemeanors in Artesia, subject to a punishable fine of $1,000 dollars or by jail time for up to
six months, or both.
Catalytic converter theft is a growing problem in Los Angeles County and our State. I am sharing
the steps taken by our City Council and our new Ordinance, to encourage other cities to take
similar action to help protect the property of our citizens. Let's work together to restore safety in
our neighborhoods, and hold those that chose to violate the personal property of others
accountable. My colleagues and I, are committed to collaborating with cities in the region to
address this issue. Please feel free to contact me via email at mram oso aD-cityofartesia.us, or by
calling Artesia City Hall at 562-865-6262.
Sincerely,
Melissfi Ramoso
Mayor
End: Ordinance No. 22-922
CC: Artesia City Council
Mike Egan, Interim City Manager
ORDINANCE NO.22-922
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARTESIA, CALIFORNIA, ADDING CHAPTER 24
(UNLAWFUL POSSESSION OF A CATALYTIC
CONVERTER PROHIBITED) OF TITLE 5 (PUBLIC
WELFARE) OF THE ARTESIA MUNICIPAL CODE
ESTABLISHING REGULATIONS PROHIBITING THE
UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS
IN THE CITY
WHEREAS, the citizens of Artesia 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 Artesia 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 Artesia 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 Artesia and the Los Angeles 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
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 Artesia and the Los Angeles County
Sheriff's Department by reducing the time invested in deterring and investigating catalytic
converter thefts; and
WHEREAS, Individuals who are in possession of stolen catalytic converters
recycle them for substantial profit while victims of these thefts suffer tremendous
consequences in the form of costly repairs, inconvenience, and feelings of a lack of safety
In the community; and.
WHEREAS, this Ordinance is necessary to provide the City of Artesia and the Los
Angeles County Sheriffs Department clear legal authority to better protect the public and
deter this criminal activity,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARTESIA DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and correct and incorporated herein.
65344.003001349186731
Ordinance No. 22-922
Page 2 of 3
SECTION 2. Chapter 24 (Unlawful Possession of a Catalytic Converter
Prohibited) of Title 5 (Public Welfare) of the Artesia Municipal Code is hereby added to
read in its entirety as follows:
'Chapter 24 (Unlawful Possession of a Catalytic
Converter Prohibited) of Title 5 (Public Welfare)
5-24.01 — Unlawful possession of a catalytic converter prohibited.
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 that
they are in lawful possession of the catalytic converter.
b. It is unlawful for any person to knowingly falsify or cause to be falsified any
information in any documentation or other proof intended to show valid proof of
ownership or possession of a catalytic converter.
5-24.02 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. Bill of sale from the original owner with the signature of the vehicle
owner authorizing removal of the catalytic converter, as well as the
name, address, and telephone number of the vehicle owner.
2. Documentation from an auto -body shop or similar business proving
that the owner relinquished the catalytic converter to the auto -body
shop or similar business.
3. Verifiable electronic communication from the previous owner to the
possessor relinquishing ownership of the catalytic converter.
4. Photographs of the vehicle from which the catalytic converter
originated clearly showing the license plate number and vehicle
Identification number (VIN) of the car from which the catalytic
converter was removed.
5-24,03. 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
Artesia Municipal Code. Each and every catalytic converter unlawfully'possessed
Is a separate violation of this section.
b. It is unlawful and a misdemeanor subject to punishment in accordance with
Chapter 2 of Title 1 of this Code, for any person to violate any provision of this
section.
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. 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).) City staff shall cause a
Notice of Exemption to be filed as authorized by CEQA and the State CEQA Guidelines.
65344.00300334918673.1
Ordinance No. 22-922
Page 3 of 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 by law.
PASSED, APPROVED AND ADOPTED this 11th day of April 2022.
MELISSA RAMOSO, MAYOR
ATTEST:
EF&IBSTO SANCHEZ, CITY CLERK
I, Ernesto Sanchez, City Clerk of the City of Artesia, do hereby certify that the foregoing
Ordinance was adopted at the Regular City Council Meeting held on the 11th day of
April 2022, by the following roll call vote:
AYES: COUNCIL MEMBERS: TREVINO, TAJ, LIMA, MANALO, RAMOSO
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
ERNES NCHEZ, CITY CLERK
65344.003034918673.1