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CC SR 20220816 F - Catalytic Converter Ordinance CITY COUNCIL MEETING DATE: 08/16/2022 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA TITLE: Consideration and possible action to adopt an ordinance prohibiting the unlawful possession of catalytic converters. RECOMMENDED COUNCIL ACTION: (1) Adopt Ordinance No. 660, 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. Ordinance No. 660 (page A-1) B. August 2, 2022, staff report BACKGROUND AND DISCUSSION: On August 2, 2022, an ordinance prohibiting the unlawful possession of catalytic converters was presented to the City Council for its first reading (see Attachment B). The ordinance adds chapter 9.36 (Unlawful Possession of Catalytic Converters Prohibited) to the Rancho Palos Verdes Municipal Code (RPVMC) to require an individual in possession of a detached catalytic converter to have valid documentation that they lawfully obtained the catalytic converter. Valid documentation includes a bill of sale from the original owner with the signature of the vehicle owner authorizing the removal of the catalytic converter and their contact information, or documentation from an auto-body shop that the owner relinquished the catalytic converter, among others. 1 CfTYOF RANCHO PALOS VERDES This ordinance will provide an additional tool for the City and law enforcement to enforce and deter catalytic converter theft. Tonight, Ordinance No. 660 is presented for its second reading and adoption. The ordinance will take effect in 30 calendar days after adoption. CONCLUSION: Staff recommends the City Council adopt Ordinance No. 660 to add Chapter 9.36 of the RPVMC to prohibit possession of detached catalytic converters without valid documentation illustrating the catalytic converter was legally obtained. ALTERNATIVES: In addition to the Staff recommendation, the following alternative actions are available for the City Council’s consideration: 1. Do not adopt Ordinance No. 660. 2. Take other action, as deemed appropriate. 2 ORDINANCE NO. 660 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 yard s for high dollar returns ranging from $200 to $1,200 per catalytic converter; and (3) loopholes in legislat ion 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. 660 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. 660 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. 660 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, subse ctions, paragraphs, sentences, phrases or words of this ordinance 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 16TH 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. 660 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. 660, passed first reading on August 2, 2022, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on August 16, 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