Colton Municipal Code Ch. 9.25 Prohibition of Unlawful Possession of Catalytic Converters

The City Council finds that catalytic converter thefts have significantly increased in Colton, causing financial hardship, public safety risks, and community disruption. The purpose of this chapter is to: (1) prohibit the unlawful possession of catalytic converters not attached to a vehicle without valid documentation or proof of lawful possession; (2) deter catalytic converter thefts; (3) impose penalties for possessing stolen catalytic converters; (4) prevent the sale or recycling of stolen catalytic converters; and (5) promote the health, safety, and welfare of Colton residents by reducing property crimes and associated public safety risks.

(Ord. No. O-07-25, § 2, 10-7-2025)

For the purposes of this chapter, the following terms shall have the meanings provided in this section:

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. "Core recycler" shall have the definition given in California Business and Professions Code Section 21610.

C. "Director" means the Director of Development Services or their designee.

D. "Documentation or other proof" means written document(s) or other evidence clearly identifying the vehicle from which the catalytic converter originated, based on the totality of the circumstances, including but not limited to:

1. A bill of sale from the original owner, including the name, address, telephone number, and signature of the vehicle owner authorizing removal of the catalytic converter, accompanied by photographs of the original vehicle.

2. Documentation from an auto-body shop, licensed automotive repair dealer, or similar business proving that the vehicle owner relinquished the catalytic converter to the 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 was removed, clearly showing the vehicle's complete license plate number and vehicle identification number (VIN), with the catalytic converter containing an etched license plate number or VIN matching the vehicle.

5. A certificate of title, vehicle registration, or other ownership document identifying the individual as the legal or registered owner of the vehicle from which the catalytic converter was detached, with a matching VIN permanently marked on the catalytic converter.

6. In the case where the possessor is the current owner of the vehicle from which the catalytic converter was removed, documentation including: (i) ownership documentation for the vehicle; (ii) a valid receipt for a replacement catalytic converter; and (iii) proof of installation of the replacement catalytic converter.

E. "Lawful possession" means: (1) being the lawful owner of the catalytic converter; or (2) possessing the catalytic converter with the lawful owner's written consent. It is not required to prove the catalytic converter was stolen to establish that possession is not lawful.

F. "Permanently marked" means prominently engraved, etched, welded, metal stamped, acid marked, or otherwise permanently displayed using a similarly reliable method of imparting a lasting mark on the exterior case of the catalytic converter, as defined in California Vehicle Code Section 24020(c).

(Ord. No. O-07-25, § 2, 10-7-2025)

A. It shall be unlawful for any person, other than a core recycler 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 shall be 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 lawful possession of a catalytic converter.

(Ord. No. O-07-25, § 2, 10-7-2025)

A. Each and every violation of this chapter shall constitute a separate violation. Each and every catalytic converter unlawfully possessed is a separate violation of this chapter.

B. Any person who violates any provision of this chapter shall be guilty of a misdemeanor, punishable by a fine not exceeding one thousand dollars ($1,000), imprisonment in the county jail for a period not exceeding six months, or both such fine and imprisonment.

C. In addition to criminal penalties, violations of this chapter may result in administrative citations and civil fines as governed by the administrative procedures for imposition, enforcement, collection, and review set forth in Colton Municipal Code Chapter 8.12 (Administrative Fines and Penalties).

D. The remedies and enforcement measures provided herein are not exclusive. The City is authorized to pursue any proceedings or remedies provided by law, including but not limited to injunctive relief, civil penalties, and seizure of unlawfully possessed catalytic converters.

(Ord. No. O-07-25, § 2, 10-7-2025)

A. Any business license issued under Colton Municipal Code Title 5 (Business Licenses and Regulations) may be suspended or revoked by the Director upon sufficient evidence, in the Director's sole discretion, that the licensee, or any person hired, retained, controlled, or employed by the licensee, has violated any provision of this chapter or any state law related to the purchase, sale, or possession of catalytic converters, including but not limited to California Vehicle Code Sections 10852.5 and 10753.

B. For a first violation, the remedy shall be a suspension of the business license for a period not to exceed ninety (90) days.

C. For a second violation, the remedy shall be a suspension of the business license for a period not to exceed one hundred eighty (180) days.

D. For a third or subsequent violation, the remedy shall be permanent revocation of the business license.

E. Any person who continues to engage in any activity for which a business license is required while such license is suspended or revoked under this section shall be guilty of a misdemeanor, punishable by a fine not exceeding one thousand dollars ($1,000), imprisonment in the county jail for a period not exceeding six months, or both such fine and imprisonment. Each day of such activity constitutes a separate violation.

F. The Director shall issue a written order to the licensee, notifying them of the suspension or revocation and directing them to immediately cease activity under the license. The order shall also notify the licensee that they have seven (7) business days from the date of the order to request a hearing to determine whether the license shall be suspended or revoked. Failure to request a hearing in writing within this period shall result in the suspension or revocation taking effect.

G. Upon a timely request for a hearing, the Director shall provide a hearing within fifteen (15) calendar days, at which the licensee may present evidence why the license should not be suspended or revoked. Notice of the hearing's time and place shall be given at least five (5) calendar days prior by depositing a notice in the United States mail directed to the licensee's address on the license application. The notice shall summarize the grounds for suspension or revocation.

H. Any licensee whose license is suspended or revoked under this section shall not engage in licensed activities until authorized by the Director or, on appeal, by the City Council or its designee.

(Ord. No. O-07-25, § 2, 10-7-2025)

This chapter shall not apply to:

A. Licensed automobile dismantlers, as defined in California Vehicle Code Section 220 operating in compliance with Vehicle Code Section 11500.

B. Core recyclers, as defined in California Business and Professions Code Section 21610 who maintain a fixed place of business and obtain catalytic converters in compliance with state law.

C. Motor vehicle manufacturers, dealers, or lessor-retailers licensed pursuant to California Vehicle Code Division 5 (commencing with Section 11100).

D. Automotive repair dealers licensed pursuant to California Business and Professions Code Chapter 20.3 (commencing with Section 9880).

E. Any other licensed business that may reasonably generate, possess, or sell used catalytic converters in compliance with California Vehicle Code Section 10852.5.

(Ord. No. O-07-25, § 2, 10-7-2025)