Chapter 9.60
UNLAWFUL POSSESSION OF A CATALYTIC CONVERTER
Sections:
9.60.020 Unlawful possession of a catalytic converter.
9.60.030 Violations and enforcement.
9.60.010 Definitions.
As used in this chapter, the following terms shall have the following meanings:
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 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.
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. This term includes:
1. Being the lawful owner of the catalytic converter; or
2. 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 the possession is an unlawful possession. [Ord. 403 § 2, 2024; Ord. 403-U § 2, 2024.]
9.60.020 Unlawful possession of a catalytic converter.
Barring any provision of state law permitting the same, it is unlawful for any person to possess any catalytic converter which is not attached to a vehicle unless the person has a verifiable valid proof of ownership of the catalytic converter.
A. This section does not apply to a detached catalytic converter that has been verifiably tested, certified, and labeled or otherwise approved for reuse, and is being bought or sold for purposes of reuse in accordance with the federal Clean Air Act (42 U.S.C. § 7401 et seq.) and regulations under the Clean Air Act, as they may be amended from time to time.
B. It is unlawful for any person to knowingly falsify or cause to be falsified any information in a record intended to show valid proof of ownership.
C. Evidence of unlawful possession may be presumed by the number of detached catalytic converters within one’s possession and/or by the condition of the dismantled catalytic converter(s), including but not limited to the manner a catalytic converter has been detached or cut from a vehicle. [Ord. 403 § 2, 2024; Ord. 403-U § 2, 2024.]
9.60.030 Violations and enforcement.
Acts, omissions, or conditions in violation of this chapter that continue, exist, or occur on more than one day constitute separate violations on each day. Violations continuing, existing, or occurring on the service date, the effective date, and each day between the service date and the effective date are separate violations. A person is guilty of a separate offense for each and every day or portion thereof during which he or she commits, continues, or permits a violation of this chapter. A person is deemed guilty of a separate offense for each and every violation of this chapter, or any portion thereof. Likewise, a person shall be deemed guilty of a separate offense for each and every catalytic converter in the person’s possession that is not attached to a vehicle unless the person has a valid proof of ownership of the catalytic converter. The following remedies provided herein are not to be construed as exclusive remedies. The city is authorized to pursue any proceedings or remedies provided by law.
A. Misdemeanor. In accordance with Chapter 1.20 CMC, any person who violates any provision of this chapter shall be guilty of a misdemeanor punishable by a fine not to exceed $1,000, imprisonment for a term not exceeding six months, or both a fine and imprisonment. Upon any second or subsequent conviction of the offense, the person shall be punished by the penalties of a fine of $1,000 and by imprisonment in the county jail for six months.
B. Administrative Citation. In addition to any other penalties provided by law, whenever the city determines a violation of this chapter has occurred, the city may issue an administrative citation with an administrative civil penalty to any person responsible for the violation pursuant to Chapter 1.20 CMC.
C. State Penalties Apply. Nothing in this chapter shall be intended to limit any of the penalties provided for under California law, including but not limited to the California Penal Code, with regard to the sale, use, possession, delivery, and/or receipt of catalytic converters. [Ord. 403 § 2, 2024; Ord. 403-U § 2, 2024.]