Chapter 9.60
UNLAWFUL POSSESSION OF A CATALYTIC CONVERTER
Sections:
9.60.030 Unlawful possession of catalytic converter.
9.60.010 Purpose.
The purpose of this chapter is to curb the theft of catalytic converters throughout the City and to provide the City with reasonable means to address the impact on the community and the victims posed by increasing catalytic converter thefts. [Ord. 1498 § 1, 2024].
9.60.020 Definitions.
As used in this chapter, the following terms shall have the meanings set forth herein:
“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.
“City” means the City of Lake Elsinore.
“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.
“Lawful possession” means: (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. 1498 § 1, 2024].
9.60.030 Unlawful possession of catalytic converter.
A. 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 documentation or other proof of lawful possession.
B. 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.
C. It is unlawful for any person to knowingly falsify or cause to be falsified any information in a record intended to show documentation or other proof of lawful possession.
D. 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. 1498 § 1, 2024].
9.60.040 Violation/penalties.
A. Any violation of any provisions of this chapter, at the discretion of the City Attorney or City Prosecutor, is punishable as a misdemeanor or an infraction in accordance with Chapter 1.16 LEMC, or is subject to administrative citation, at the discretion of the City, in accordance with Chapter 1.20 LEMC. Notwithstanding Chapter 1.16 LEMC, a violation of this chapter that is an infraction, and which poses a threat to public health and safety, is punishable by the following:
1. A fine not exceeding $1,000 for a first violation.
2. A fine not exceeding $2,000 for a second violation within three years.
3. A fine not exceeding $5,000 for each additional violation within three years of the first violation.
B. The remedies described in this section are not mutually exclusive. Pursuit of any one remedy shall not preclude the City from availing itself of any or all available administrative, civil, or criminal remedies, at law or equity. [Ord. 1498 § 1, 2024].