Duarte Municipal Code Ch. 9.26 Possession of Catalytic Converters

Federal law requires catalytic converters on all motor vehicles, and due to their high costs, catalytic converters have been the subject of significant theft and an attractive target for thieves. The victims of catalytic converter theft in the city experience significant financial hardship, a loss of security, and the inconveniences of not having access to their automobile while their catalytic converters are replaced. The purpose and intent of this chapter is to prohibit unlawful possession of catalytic converters within the city to protect citizens and their vehicles from potential damage and loss of their use and enjoyment of their vehicles stemming from this criminal activity.

(Ord. No. 912, § 10, 10-25-2022)

(a) It is unlawful to possess any catalytic converter that is not attached to a vehicle unless the possessor has valid documentation or other proof to verify they are in lawful possession of the catalytic converter.

(b) For purposes of this section, "lawful possession" includes being the lawful owner of the catalytic converter, the vehicle from which it came, 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."

(c) For purposes of this section, "documentation or other proof" means written document(s) that clearly identify the vehicle from which the catalytic converter originated and includes but is not limited to the following document types: bill of sale from the original owner identifying the catalytic converter, documentation from an auto-body shop proving the owner relinquished the catalytic converter to the auto-body shop, verifiable electronic communication from the previous owner to the possessor relinquishing ownership of the catalytic converter, vehicle registration associated with the catalytic converter containing an etched associated license plate number or vehicle identification number. The validity of documentation or other proof is based on the totality of the circumstances.

(Ord. No. 912, § 10, 10-25-2022)

(a) Any violation of this chapter is a public nuisance that may be abated by any means provided in this Code, including administrative citations, civil action and injunctive relief, and is also punishable as provided in Sections 1.04.090 and 1.04.100 of this Code.

(b) Each and every violation of this chapter, including each catalytic converter that is unlawfully possessed, shall constitute a separate violation, a public nuisance, and shall be subject to all remedies and enforcement measures authorized by this Code.

(Ord. No. 912, § 10, 10-25-2022)