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CC SR 20220802 02 - Catalytic Converter Ordinance CITY COUNCIL MEETING DATE: 08/02/2022 AGENDA REPORT AGENDA HEADING: Regular Business AGENDA TITLE: Consideration and possible action to introduce an ordinance prohibiting the unlawful possession of catalytic converters. RECOMMENDED COUNCIL ACTION: (1) Introduce for first reading Ordinance No. _____, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADDING CHAPTER 9.36 (UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS PROHIBITED) TO TITLE 9 (PUBLIC PEACE, MORALS, AND WELFARE) OF THE RANCHO PALOS VERDES MUNICIPAL CODE. FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: McKenzie Bright, Administrative Analyst REVIEWED BY: Karina Bañales, Deputy City Manager APPROVED BY: Ara Mihranian, AICP, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Draft Ordinance No. _____ (page A-1) B. June 21, 2022, staff report C. Letter from the City of Artesia regarding ordinance to deter catalytic converter theft (page C-1) BACKGROUND AND DISCUSSION: Catalytic converters convert most of a vehicle’s emissions into less harmful forms, improving air quality and vehicle performance. Catalytic converters contain valuable, rare metals such as platinum, rhodium, and palladium and are relatively easy to remove, located on the underside of vehicles. Experienced thieves can remove a catalytic converter in one to two minutes using basic tools and can easily sell them for the rare metals inside. 1 CITYOF RANCHO PALOS VERDES Preventing catalytic converter theft is difficult 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 owner (the victim), because they don’t typically have any identifying markers. The Lomita Sheriff’s Station has in recent years hosted two catalytic converter etching events, etching vehicle identification numbers (VINs) free of charge onto catalytic converters for resident vehicles in the station’s service area, including Rancho Palos Verdes. Etching a VIN onto a catalytic converter can help the Los Angeles County Sheriff’s Department (LASD) or other law enforcement agencies identify the owner of a recovered catalytic converter. In Rancho Palos Verdes, thefts of catalytic converters have increased dramatically, from 1 in 2019, to 13 in 2020, and 41 in 2021. Between January and June 2022, 14 catalytic converters were stolen in the City. Existing law requires that law enforcement match a detached catalytic converter with a specific victim and does not require individuals to provide proof to law enforcement as to how a catalytic converter was obtained, limiting law enforcement’s ability to prevent catalytic converter thefts and seize suspected stolen catalytic converters when no victim is present or able to be identified. Due to a lack of legislation defining and prosecuting these thefts when a victim cannot be identified, the vast majority of all catalytic converter theft cases are unsolved or result in a lack of criminal charges being filed. Therefore, Staff has prepared a draft ordinance adding Chapter 9.36 to the Rancho Palos Verdes Municipal Code (RPVMC), which would provide clear legal authority for the City and law enforcement related to unlawful possession of catalytic converters (see Attachment A). The ordinance, as drafted, prohibits the possession of a detached catalytic converter unless the possessor has valid documentation or other proof to verify that they are in lawful possession of the catalytic converter. This would provide an additional tool for law enforcement in that it would require an alleged theft suspect to have valid documentation illustrating lawful possession of the catalytic converter, rather than requiring the deputy to find a direct correlation between a detached catalytic converter and a specific victim. Examples of valid documentation include a signed bill of sale from the original owner authorizing the removal of the catalytic converter; documentation from an auto-body shop or similar business proving that the owner relinquished the catalytic converter to the business; verifiable electronic communication from the previous owner to the possessor relinquishing ownership; or photos of the vehicle from which the catalytic converter originated clearly showing the license plate number and VIN. Violation of this ordinance is subject to a misdemeanor, punishable by a fine of not more than $1,000 or imprisonment in county jail not exceeding six months, or both, or other proceedings or remedies provided by law, for each and every detached catalytic converter. 2 If approved this evening, this ordinance will return for a second reading at the August 16, 2022, City Council meeting, and take effect in 30 calendar days after the second reading. ADDITIONAL INFORMATION: Similar Ordinances in Neighboring Jurisdictions On April 11, 2022, the City of Artesia adopted a similar ordinance in response to a rise in catalytic converter thefts. Artesia Mayor Melissa Ramoso sent a letter to neighboring cities encouraging them to take similar action to help protect citizens’ prope rty (see Attachment C). Artesia also contracts with LASD for law enforcement services. A number of other cities, particularly in Orange County, have also adopted similar ordinances over the last several months. Locally, Redondo Beach adopted a similar ordinance on June 10, 2022. State Legislative Efforts On June 21, 2022, the City Council supported five bills related to catalytic converter theft prevention (see Attachment B), which continue to move through the legislative process. While some of the bills, if passed, may overlap with the ordinance, Staff recommends proceeding with adopting the ordinance to ensure the Sheriff’s Station has this tool to help enforce, and therefore deter, catalytic converter theft in the City. Lomita Station’s Review Lomita Station Captain Powers has reviewed and supports the draft ordinance, as it would provide deputies with an additional enforcement tool related to catalytic converter theft. CONCLUSION: To protect public safety and general welfare, Staff recommends the City Council introduce an ordinance that prohibits the unlawful possession of catalytic converters, to provide the City and LASD with clear legal authority to better protect the public and deter this criminal activity. ALTERNATIVES: In addition to the Staff recommendation, the following alternative action s are available for City Council’s consideration: 1. Identify revisions to the proposed code amendment text and direct Staff to return with a revised ordinance for reintroduction at the August 16, 2022, meeting. 2. Do not adopt the proposed ordinance. 3. Take other action, as deemed appropriate. 3 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, ADDING CHAPTER 9.36 (UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS PROHIBITED) TO TITLE 9 (PUBLIC PEACE, MORALS, AND WELFARE) OF THE RANCHO PALOS VERDES MUNICIPAL CODE WHEREAS, the citizens of Rancho Palos Verdes 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 Rancho Palos Verdes (“City”) 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 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 difficult y 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 Rancho Palos Verdes 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; and (4) minimizing the fiscal and personnel impact on the City and the Los A-1 Ordinance No. __ Page 2 of 5 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 Rancho Palos Verdes and the Los Angeles County Sheriff’s Department clear legal authority to better protect the public and deter this criminal activity. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1: The foregoing recitals are true and correct, and the City Council finds the same to be material to the adoption of this ordinance and incorporates them herein by reference. Section 2: Chapter 9.36 (Unlawful Possession of a Catalytic Converter Prohibited) of Title 9 (Public Peace, Morals, and Welfare) of the Rancho Palos Verdes Municipal Code is hereby added to read in its entirety as follows: “Chapter 9.36 UNLAWFUL POSSESSION OF A CATALYTIC CONVERTER PROHIBITED 9.36.010 Intent. 9.36.020 Definitions. 9.36.030 Unlawful possession of a catalytic converter prohibited. 9.36.040 Violations. 9.36.010 Intent. The purpose of this chapter is to establish clear legal authority for law enforcement to protect the public and deter the unlawful possession of catalytic converters. 9.36.020 Definitions. For purposes of this chapter, the following words and phrases shall have the following meanings: A-2 Ordinance No. __ Page 3 of 5 “Lawful possession” means (1) being the lawful owner of the catalytic converter or (2) in possession of the catalytic converter with the lawful owner’s written consent. “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: A. Bill of sale from the original owner with the signature of the vehicle owner authorizing the removal of the catalytic converter, as well as the name, address, and telephone number of the vehicle owner. B. 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. C. Verifiable electronic communication from the previous owner to the possessor relinquishing ownership of the catalytic converter. D. 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. 9.36.030 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. 9.36.040 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 Section 1.08.010 (Misdemeanors – Infractions – Nuisances) A-3 Ordinance No. __ Page 4 of 5 of the Rancho Palos Verdes Municipal Code. Each and every catalytic converter unlawfully possessed is a separate violation of this section. B. 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: The City Council finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) because it does not constitute a “project” under CEQA Guidelines Section 15378(b)(2) in that it constitutes general policy and procedure making, regulating the unlawful possession of a catalytic converter. Section 4: Severability. The City Council hereby declares, if any provision, section, subsection, paragraph, sentence, phrase or word of this ordinance is rendered or declared invalid, unconstitutional or unenforceable by any final action in a court of competent jurisdiction or by reason of any preemptive legislation, the City Council would have independently adopted the remaining provisions, sections, subsections, paragraphs, sentences, phrases or words of this ordinan ce and as such they shall remain in full force and effect. Section 5: Effectiveness of Ordinance. This Ordinance shall take effect 30 days after its adoption. PASSED, APPROVED AND ADOPTED this 2nd day of August 2022. ___________________________ David L. Bradley, Mayor Attest: ___________________________ Teresa Takaoka, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF RANCHO PALOS VERDES ) A-4 Ordinance No. __ Page 5 of 5 I, Teresa Takaoka, City Clerk of the City of Rancho Palos Verdes, hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. ___ was introduced by the City Council of said City at a regular meeting thereof held on August 2, 2022, and that the same was passed and adopted by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ________________________ Teresa Takaoka, City Clerk A-5 C-1 THE CITY OF ARTESIA, CALIFORNIA "S ervi ce Bu ild s Tomorrow's Progre s s" May 6, 2022 Mayor and Members of City Council City of Rancho Palos Verdes 30940 Hawthorne Blvd. Ranch Palos Verdes, CA 90720 18747 CLARKDALE AVENUE, ARTESIA, CALIFORNIA 90701 Telephone 562 / 865-6262 FAX 562 / 865-6240 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 mramoso@c ityofartesia .us, or by calling Artesia City Hall at 562-865-6262 . Sincerely, 1:ft~ Mayor Encl: Ordinance No . 22-922 CC: Artesia City Council Mike Egan, Interim City Manager C-2 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 speled 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 Sheriff's 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. 65344.00300\349 J 8673. J C-3 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: 5-24.03. 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. 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. 65344.00300\349 J 8673.1 C-4 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 11 th day of April 2022. ~ MELISSA RAMOSO, MAYOR ATTEST: E 0 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 11 th day of April 2022, by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: 65344.00300\349 J 8673. l TREVINO, TAJ, LIMA, MANALO, RAMOSO NONE NONE NONE