Blythe Municipal Code Ch. 9.94 Unlawful Possession of a Catalytic Converter

The purpose and intent of this chapter is to deter 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 catalytic converter thefts.

(Ord. No. 924, § 2, 1-9-24)

The following words, terms and phrases when used in this chapter shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

A. "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.

B. "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 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.

C. "Lawful possession" means being the lawful owner of the catalytic converter or 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.

(Ord. No. 924, § 2, 1-9-24)

A. Unlawful Possession. It is unlawful for any person to possess any catalytic converter that is not attached to a vehicle unless the person has valid documentation or other proof to verify that the person is in lawful possession of the catalytic converter.

B. Evidence. Evidence of unlawful possession may be presumed by the number of detached catalytic converters within a person'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.

C. Exception. 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.

(Ord. No. 924, § 2, 1-9-24)

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 lawful possession of a catalytic converter.

(Ord. No. 924, § 2, 1-9-24)

A. Misdemeanor Penalty. Any person who violates any provision of this chapter is guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding one thousand dollars, or by imprisonment in the county jail for a term not exceeding one year, or by both. Upon any second or subsequent conviction of the offense, the person shall be punished by the penalties of a fine of one thousand dollars and by imprisonment in the county jail for one year.

B. State Penalties Apply. Nothing in this chapter shall be intended to limit any of the penalties provided for under California law, including, but not limited to, the Penal Code, with regard to the sale, use, possession, delivery, and/or receipt of catalytic converters.

C. Administrative Penalties. Violation of this chapter may be punishable as a criminal offense or by the issuance of an administrative citation in accordance with Chapter 1.26 of this code. The administrative fine for violation of this chapter shall be as follows:

1. An administrative fine of one thousand dollars for the first violation;

2. An administrative fine of two thousand dollars for the second violation within thirty-six months; and

3. An administrative fine of five thousand dollars for each subsequent violation within thirty-six months.

D. Separate Offenses. Acts, omissions, or conditions in violation of this chapter that continue, exist, or occur on more than one day constitute separate violations on each day. Violations continuing, existing, or occurring on the service date, the effective date, and each day between the service date and the effective date are separate violations. A person is guilty of a separate offense for each and every day or portion thereof during which he or she commits, continues, or permits a violation of this chapter. A person is deemed guilty of a separate offense for each and every violation of this chapter, or any portion thereof. Likewise, a person shall be deemed guilty of a separate offense for each and every catalytic converter in the person's possession that is not attached to a vehicle unless the person has valid documentation or other proof of lawful possession of the catalytic converter.

E. Non-Exclusive Remedies and Penalties. All remedies and penalties for violations of the prohibitions in this chapter shall be cumulative and not exclusive. Enforcement by use of any administrative, criminal, or civil action, citation, or administrative proceeding or abatement remedy does not preclude the use of additional citations or other remedies as authorized by this code or law. Enforcement remedies may be employed concurrently or consecutively. Conviction and punishment of or enforcement against any person hereunder shall not relieve such person from the responsibility of correcting, removing, or abating a violation, nor prevent the enforced correction, removal, or abatement thereof.

(Ord. No. 924, § 2, 1-9-24)