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HomeMy WebLinkAboutOrdinance - Ord 873 - 12/13/2023 ORDINANCE NO. 873 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY CALIFORNIA, ADDING CHAPTER 11.78 TO TITLE 11 OF THE CATHEDRAL CITY MUNICIPAL CODE ESTABLISHING REGULATIONS PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS WHEREAS, in 2021, approximately 1,600 catalytic converters were reportedly stolen in California each month, and California accounted for 37% of all catalytic converter theft claims nationwide; and in 2021, 2022 and 2023, 135 catalytic converters have been stolen in Cathedral City. WHEREAS, the residents of Riverside County, including the City of Cathedral City ("City") have experienced rising catalytic converter thefts from automobiles over the past several years; and WHEREAS, there is currently no City legislation to define and impose penalties regarding catalytic converter thefts absent an identifiable victim who is willing to participate in the prosecution of the theft; and WHEREAS, there is currently no State or Federal legislation applicable within the City require individuals discovered to be in possession of detached catalytic converters to provide proor to law enforcement as to how they obtained catalytic converters, therefore limiting law enforcement's ability to protect the public from catalytic converter thefts and seize suspected stolen catalytic converters when no victim is present; and WHEREAS, the legislature has enacted, and the Governor has signed into law, Senate Bill (SB) 1087 and Assembly Bill (AB) 1740, which generally prohibit individuals from purchasing a used catalytic converter from anyone other than certain specified sellers, including automobile dismantlers, automotive repair dealers, or an individual possessing documents, as specified, that they are the lawful owner of the catalytic converter and requires "core recyclers," as defined, to keep a detailed written record, including the year, make and model of the car from which a catalytic converter was removed, as well as a copy of the vehicle's title, prior to purchasing a catalytic converter from a seller; and WHEREAS, pursuant to Article XI, Section 5 of the California Constitution, the City, as a charter city, has broad discretionary power to make and enforce within its limits all ordinances and regulations in respect to municipal affairs; and WHEREAS, catalytic converter thefts are on the rise because individuals are incentivized to commit such 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, (2) the ability to recycle catalytic converters at scrap metal yards for high dollar returns; and (3) legislation requiring a victim in order to prosecute such 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, the City desires to regulate the possession of detached catalytic converters within its jurisdiction in order to better protect its residents, their property and their community; and WHEREAS, regulating possession of detached catalytic converters neither contradicts nor duplicates the statutes adopted by the Legislature on the topic of catalytic converters; and WHEREAS, this ordinance is necessary to provide the City of Cathedral City and the Cathedral City Police Department clear legal authority to better protect the public and deter this criminal activity. THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY ORDAINS AS FOLLOWS: SECTION 1. RECITALS The above recitals are true and correct and are hereby incorporated herein by this reference. SECTION 2. ADDITION OF CHAPTER 11.78 TO TITLE 11 OF THE CATHEDRAL CITY MUNICIPAL CODE Chapter 11.78 is added to Title 11 of the Cathedral City Municipal Code to read in its entirety as follows: "Chapter 11.78 UNLAWFUL POSSESSION OF CATALYTIC CONVERTER 11.78.010 Definitions. A. "Catalytic converter" means 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 pollutants. B. "Documentation or other proof' means written document(s) clearly identifying the vehicle from which the catalytic converter originated based on the totality of the circumstances, which includes, but is not limited to, the following types of documents: 1. Bill of sale from the original owner with photographs. 2. Verifiable documentation from an autobody shop proving the owner relinquished the catalytic converter to the autobody shop. 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. 5. 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. C. "Lawful possession" means being the lawful owner of the catalytic converter or being in possession of the catalytic converter with the lawful owner's verifiable written consent. It is not required to prove the catalytic converter was stolen to establish unlawful possession. D. "Enforcement officer" means code enforcement officer or police officer. 11.78.020 Unlawful possession of a catalytic converter prohibited. A. It shall be unlawful for any person to possess any catalytic converter that is rot attached to a vehicle, unless the possessor has 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 ownership or possession of a catalytic converter. 9.114.040 Violations and enforcement. 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 is a separate violation of this chapter. B. Any person who violates any provision of this chapter is guilty of a misdemeanor, and upon conviction punished by a fine not to exceed one thousand dollars ($1,000), or by imprisonment for a term not exceeding six months or both. C. Nothing in this chapter shall be intended to limit any penalties provided for under state law." SECTION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Adoption of this ordinance is not subject to CEQA, as it is not a "Project" as defined by CEQA. (CEQA Guidelines Section 15060(c)(3)). A Project means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is to amend the Municipal Code to create a new criminal offense and is exempt as it will not result in direct or reasonably foreseeable indirect physical change in the environment. This action is further exempt from CEQA under the "common sense" exemption as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. (CEQA Guidelines Section 15061(b)(3)). SECTION 4. SEVERABILITY If any chapter, sections, subsections, subdivisions, sentences, clauses, phrases, 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 will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that would have adopted this ordinance, and each chapter, sections, subsections, subdivisions, sentences, clauses, phrases, 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. POSTING The City Clerk shall, within fifteen (15) days after passage of this Ordinance, cause it to be posted in at least three (3) designated public places; shall certify to the adoption and posting of this Ordinance; and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of this City. SECTION 6. CERTIFICATION The foregoing Ordinance was approved and adopted at a meeting of the City Council held on the 13 day of December , 2023, by the following vote: Ayes: Councilmember Lamb, Gutierrez, Gregory; Mayor Pro Tem Ross and Mayor Carnevale Noes: None Abstain: None Absent: None Mark arnevale, Mayor ATTEST: Tracey H rmosii;o, City Clerk APPROVED AS TO FORM: Eric S. Vail, City Attorney