Commerce Municipal Code Ch. 9.82 Unlawful Possession of Catalytic Converter

As used in this chapter, the following words and phrases shall have the meanings defined in this section unless the context clearly requires otherwise:

(a) "City" shall mean the City of Commerce.

(b) "Core recycler" shall have the same meaning as set forth in California Business and Professions Code Section 21610.

(c) "Enforcement officer" shall mean any person authorized to enforce the provisions of this chapter.

(d) "Lawful possession" shall include:

(1) Being the lawful owner of the catalytic converter; or,

(2) Being in possession of the catalytic converter with the written consent of the lawful owner of the catalytic converter.

(e) "Verifiable proof of ownership" shall mean, at a minimum, all of the following:

(1) The license plate number and Vehicle Identification Number ("VIN") of the motor vehicle from which the catalytic converter was removed;

(2) The name, address, and telephone number of the owner of the motor vehicle from which the catalytic converter was removed;

(3) Either the signature of the vehicle owner authorizing the removal of the catalytic converter or a bill of sale or other documentation from the core recycler that relinquished the catalytic converter; and,

(4) The name, address, and telephone number of the current owner of the catalytic converter.

(Ord. No. 805, § 1, 2-28-2023)

It shall be unlawful and a misdemeanor for any person, other than a core recycler who is in strict compliance with California Business & Professions Code Section 21610, to possess any catalytic converter that is not attached to a vehicle, unless the person has verifiable proof of ownership of the catalytic converter.

(a) An enforcement officer shall not stop any person for a violation of this section based solely on the possession of a catalytic converter without additional indicia that the catalytic converter is unlawfully possessed, including, but not limited to, any of the following:

(1) The catalytic converter has been cut or otherwise shows marks or damage consistent with illicit removal;

(2) The person in possession of the catalytic converter concurrently possesses tools commonly used in the illicit removal of catalytic converters;

(3) The catalytic converter has markings that associate it with a particular vehicle or with a particular make or model of vehicle not associated with the person in possession of the catalytic converter;

(4) The person in possession of the catalytic converter matches the description of suspect of a theft of a catalytic converter as provided by a witness or as otherwise identified through a law enforcement investigation; or,

(5) The person in in possession of, or has sold or attempted to sell, multiple catalytic converters outside the scope of the legitimate activities of a core recycler that acquired the catalytic converter(s) in compliance with the provisions of California Business & Professions Code Section 21610.

(b) In any prosecution for a violation of this section, the prosecutorial agency does not need to present a victim nor to demonstrate that the catalytic converter has been stolen in order to establish that the defendant is not in lawful possession of the catalytic converter.

(Ord. No. 805, § 1, 2-28-2023)

It shall be unlawful and a misdemeanor for any person to knowingly:

a. Falsify or cause to be falsified any information in a record intended to demonstrate verifiable proof of ownership; or

b. Provide, submit, or report any false information or documentation to any person authorized to an enforcement officer that is intended to demonstrate valid proof of ownership.

(Ord. No. 805, § 1, 2-28-2023)

(a) Each and every violation of this chapter shall constitute a separate violation, and each and every catalytic converter unlawfully possessed shall constitute a separate violation of this chapter, and shall be punished as such.

(b) In accordance with Section of 1.12.010 (Penalty for Violations) of Chapter 1.12 (Penalty and Arrest Provisions) of this code, each and every violation of this chapter may be referred by the city to the district attorney and in the discretion of the district attorney may be prosecuted as a misdemeanor. Any person convicted of a misdemeanor under the provisions of this code shall be punished by a fine of not more than one thousand dollars, or by imprisonment in the city or county jail for a period not exceeding six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this code is committed, continued, or permitted by such person, and shall be punished accordingly.

(c) Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the code is committed, continued, or permitted by such person, and shall be punished accordingly.

(d) The city reserves its rights to any and all remedies authorized by this code.

(Ord. No. 805, § 1, 2-28-2023)