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HomeMy WebLinkAbout2090ORDINANCE NO. 2090 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 11.102 TO TITLE 11 OF THE PALM SPRINGS MUNICIPAL CODE ESTABLISHING REGULATIONS PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS IN THE CITY City Attorney's Summary This ordinance would amend the Palm Springs Municipal Code to prohibit the possession of detached catalytic converters without proof of ownership. WHEREAS, in 2021, approximately 1,600 catalytic converters were reportedly stolen in California each month, and California accounted for 37% of all catalytic converter theft claims nationwide; and WHEREAS, the residents of Palm Springs have experienced rising catalytic converter thefts from automobiles over the past several years; and WHEREAS, there is currently no City legislation applicable within the City of Palm Springs to define and punish catalytic converter thefts absent an identifiable victim who is willing to participate in the prosecution of the theft; and WHEREAS, there is currently no City, State, or Federal legislation applicable within the City of Palm Springs requiring individuals discovered to be in possession of detached catalytic converters 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, the Legislature has enacted, and the Governor has signed into law, Senate Bill (SB) 1087 and Assembly Bill (AB) 1740, which generally prohibit (1) individuals from purchasing a used catalytic converter from anyone other than certain specified sellers, including automobile dismantlers, automotive repair dealers, or an individual possessing documentation, as specified, that they are the lawful owner of the catalytic converter; and (2) requires "core recyclers," as defined, to keep a detailed written record, including the year, make, and model of the car form which a catalytic converter was removed, as well as a copy of the vehicle's title, prior to purchasing a catalytic converter from a seller; and WHEREAS, the Legislature has not expressed its intent, whether explicitly or impliedly, to occupy the field of catalytic converter theft legislation; and WHEREAS, pursuant to Article XI, Section 5 of the California Constitution, the City, as a charter city, has broad discretionary power to make and enforce within its limits all ordinances and regulations in respect to municipal affairs; and 46708.00 1 00\40920509.1 Ordinance No. 2090 Page 2 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 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 residents of Palm Springs and the Palm Springs Police 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 Palm Springs and the Palm Springs Police 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, the City desires to regulate the possession of detached catalytic converters within its jurisdiction in order to better protect its residents, their property, and their community; and WHEREAS, regulating possession of detached catalytic converters neither contradicts nor duplicates the statutes adopted by the Legislature on the topic of catalytic converters; and WHEREAS, this Ordinance is necessary to provide the City of Palm Springs and the Palm Springs Police Department clear legal authority to better protect the public and deter this criminal activity. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The above recitals are true and correct and are hereby incorporated herein by this reference. Ordinance No. 2090 Page 3 SECTION 2. Ordinance: Amending the Municipal Code. Chapter 11.102 of Title 11 of the Palm Springs Municipal Code is hereby added to ready as follows: "Chapter 11.102 Unlawful Possession of Catalytic Converter Section 11.102.010 Unlawful Possession of a Catalytic Converter Prohibited. A. It shall be unlawful for any person 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 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. C. 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." D. 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: 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. E. 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 Palm Springs Municipal Code. Each and every catalytic converter unlawfully possessed is a separate violation of this section. F. It is unlawful and a misdemeanor subject to punishment in accordance with Chapter 1.01 of Title 1 of this Code, for any person to violate any provision Ordinance No. 2090 Page 4 of this section. The City Attorney may, in his or her discretion, prosecute misdemeanor violations of this section as infractions. G. 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. Compliance with California Environmental Quality Act. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, if the activity is deemed a project this City Council finds that this Ordinance is exempt pursuant to Section 15061(b)(3) of the State CEQA Guidelines, as it can be seen with certainty that there is no possibility that this Ordinance may have a significant effect on the environment. SECTION 4. Severability. If any section, subsection, subdivision, sentence, or clause, or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective. SECTION 5. Effective Date. This Ordinance shall become effective thirty (30) days from its adoption. SECTION 6. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published in a newspaper of general circulation printed and published within the City of Palm Springs, pursuant to all legal requirements. Ordinance No. 2090 Page 5 PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 14T" DAY OF DECEMBER 2023. ATTEST: BRENDA PREE, MMC, CERA CITY CLERK WEWtERNSTEIN O. CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss. CITY OF PALM SPRINGS) I, BRENDA PREE, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 2090 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on November 9, 2023, and adopted at a regular meeting of the City Council held on December 14, 2023, by the following vote: AYES: Councilmembers Garner, Holstege, Middleton; Mayor Pro Tern deHarte, and Mayor Bernstein. NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this j()4' day of Dece ber 023. BREND PREE, MMC, CERA CITY CLERK