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.
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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.
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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
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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:
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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)
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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 )
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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
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