Chapter 11.13 — UNLAWFUL POSSESSION OF A CATALYTIC CONVERTER

The City Council of Canyon Lake finds that the theft of catalytic converters has been an increasing problem in Canyon Lake in recent years. In Riverside County, there were at least 200 reports of catalytic converter thefts in 2022 and, as of July 1, 2023, there were at least 316 reports by victims. The external location of catalytic converters and the use of valuable precious metals, including rhodium, palladium and platinum, in catalytic converters makes these devices a target for thieves. Individuals in possession of stolen catalytic converters often recycle them for substantial profit, while victims of these thefts suffer the consequences of paying thousands of dollars in repairs, the inconvenience of repairing their vehicles, and feeling unsafe in the community. Finding the victim of these crimes is extremely difficult due to the manner in which the catalytic converter thefts occur and lack of identifying markers on catalytic converters to link a stolen catalytic converter to the victim. The inability to identify the victims of catalytic converter thefts can inhibit the ability to successfully prosecute individuals for the thefts. This Chapter is necessary to provide the City, in conjunction with the County of Riverside and other surrounding cities, a means to protect the public, deter this criminal activity and promote a more productive use of Canyon Lake resources. The purpose and intent of this Chapter is to curb 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 increasing catalytic converter thefts.

(Ord. 238, passed 12-13-2023)

As used in this Chapter, the following terms shall have the following meanings:

• (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) “City” means the City of Canyon Lake.

• (c) “Council” means the City Council of Canyon Lake.

(d) “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 the 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.

• (e) “Enforcement Officer” means the Sheriff, the City Manager, Code Enforcement, or Building Official, and any of their designees.

(f) “Lawful possession” includes: (1) being the lawful owner of the catalytic converter or (2) being in possession of the catalytic converter with the lawful owner’s verifiable written consent. It is not required to prove the catalytic converter was stolen to establish the possession is an unlawful possession.

(Ord. 238, passed 12-13-2023)

Barring any provision of state law permitting the same, it is unlawful for any person to possess any catalytic converter which is not attached and an operable part of a vehicle unless the person has a verifiable valid proof of ownership of the catalytic converter.

(a) 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.

(b) It is unlawful for any person to knowingly falsify or cause to be falsified any information in a record intended to show valid proof of ownership.

(c) Evidence of unlawful possession may be presumed by the number of detached catalytic converters within one’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.

(Ord. 238, passed 12-13-2023)

(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 $1,000, 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 $1,000 and by imprisonment in the County jail for one year. The City Attorney, in his or her sound discretion, may prosecute a violation of this Chapter as an infraction, rather than a misdemeanor, or reduce or agree to the reduction of a previously filed misdemeanor to an infraction. Any person convicted of an infraction under this Code shall be punished by a fine not exceeding $100 for the first violation, a fine not exceeding $200 for a second violation within one year, and a fine not exceeding $500 for a third violation within one year. A fourth

violation of this Code within one year shall be charged as a misdemeanor and may not be reduced to an infraction. (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 citations . In addition to any other penalties provided by law, whenever an Enforcement Officer determines a violation of this Chapter has occurred, the Enforcement Officer shall have the authority to issue an administrative citation in the manner described in Chapter 11.26 of this Code.

(Ord. 238, passed 12-13-2023)