Downey Municipal Code Ch. 1.5 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:

"City"

shall mean the City of Downey.

"Core recycler"

shall have the same meaning as set forth in California Business and Professions Code Section 21610.

"Enforcement officer"

shall mean any person authorized to enforce the provisions of this chapter.

"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.

"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.

(Added by Ord. 23-1506, adopted 5-23-23)

(a) Unlawful Possession. It shall be unlawful for any person, other than a Core Recycler who is in strict compliance with California Business and 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.

(b) 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 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 and Professions Code Section 21610.

(c) 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.

(Added by Ord. 23-1506, adopted 5-23-23)

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.

(Added by Ord. 23-1506, adopted 5-23-23)

(a) Violations. Any person who violates any provision of this chapter, or who fails to comply with any obligation or requirement of this chapter, is guilty of a misdemeanor offense punishable in accordance with Section 1200 of this Code.

(b) Separate Offense. Each and every catalytic converter unlawfully possessed shall constitute a separate violation and shall be punishable accordingly as such.

(c) Alternative Remedies. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.

(Added by Ord. 23-1506, adopted 5-23-23)