Fresno County Municipal Code Ch. 10.48 Unlawful Possession of a Detached Catalytic Converter

This Chapter shall be known as the Unlawful Possession of a Detached Catalytic Converter Ordinance. The Board of Supervisors finds that catalytic converter theft is an increasing problem within Fresno County and causes significant financial damage to the victims. The purpose and intent of this ordinance is to curb the theft of catalytic converters throughout the unincorporated areas of the County and to hold accountable those engaged in this criminal behavior.

(Ord. No. 25-012, § 2, 6-10-2025)

In accordance with the California Constitution, Article XI, Section 7, a county may make and enforce within its limits all local, police, sanitary and other ordinances and regulations not in conflict with general laws.

(Ord. No. 25-012, § 2, 6-10-2025)

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

(a) Board. The County of Fresno Board of Supervisors.

(b) County. The County of Fresno.

(c) Catalytic converter. 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.

(d) Documentation or other proof. 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 the registered vehicle owner.

(e) Lawful Possession. This term 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. The deputy Sheriff or enforcement officer is not required to prove the catalytic converter was stolen to establish an Unlawful Possession.

(f) Enforcement Officer. The Sheriff, the Code Enforcement Official, or District Attorney, and their designees.

(Ord. No. 25-012, § 2, 6-10-2025)

Barring any provision of state law permitting the same, it is unlawful for any person to possess any catalytic converter which is not attached to a vehicle unless the person has documentation or other proof, as defined in Chapter 10.48.030.

(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. Section 7401 et seq.) and other 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 as defined in Chapter 10.48.030.

(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.

(d) Compliance with Business & Professions Code Section 21610 and Vehicle Code Section 10852.5 is legally required.

(Ord. No. 25-012, § 2, 6-10-2025)

a) Misdemeanor Penalty. Any person who violates any provision of this ordinance is guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding one thousand dollars ($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 one thousand dollars ($1,000) and by imprisonment in the County jail for one year.

b) State Penalties Apply. Nothing in this ordinance 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 unlawful sale, use, possession, delivery, and/or receipt of catalytic converters.

c) Separate Offenses. Acts, omissions, or conditions in violation of this ordinance that continue, exist, or occur on more than one day, constitute separate violations on each day. Violations continuing, existing, or occurring on the service date, the effective date, and each day between the service date and the effective date are separate violations. A person is guilty of a separate offense for each and every instance during which he or she commits, continues, or permits a violation of this ordinance. A person is deemed guilty of a separate offense for each and every violation of this ordinance, or any portion thereof.

(Ord. No. 25-012, § 2, 6-10-2025)

a) Administrative Citations. Pursuant to Section 53059.4, of the California Government Code, a County code enforcement officer or Sheriff's deputy may issue an administrative citation to any person for a violation of this Chapter occurring in the presence of the enforcement officer, or deputy, or upon the enforcement officer or deputy's reasonably reliable confirmation of a violation.

b) Administrative Fine Amounts. The fine amounts for any administrative citation issued under this chapter shall be:

1. Up to one thousand dollars ($1,000) for a first violation.

2. Two thousand dollars ($2,000) for the second offense within thirty-six (36) months.

3. Five thousand dollars ($5,000) for each subsequent offense within thirty-six (36) months.

c) Contents of the Administrative Citation. An administrative citation issued for a violation of this Chapter shall contain the following information:

1. The date, location, and approximate time the violation was observed;

2. A description of the violation;

3. Evidence identifying the person receiving the administrative citation as the person responsible for the violation;

4. The amount of the administrative civil penalty imposed for the violation;

5. Instructions for the payment of the administrative civil penalty, the time period by which it shall be paid, and the consequences of failure to pay the administrative civil penalty within this time;

6. Instructions on how to appeal the administrative citation. The failure of the administrative citation to set forth all required contents shall not affect the validity of the administrative citation or any proceedings to enforce said citation. The administrative civil penalty may be imposed via the administrative process set forth in this ordinance or may be imposed by the court if the violation requires court enforcement without an administrative process.

d) Service of Citations. An administrative citation issued pursuant to this Chapter shall be served on the responsible person as follows:

1. The enforcement officer or deputy Sheriff may personally serve the responsible person at any time. The enforcement officer or deputy Sheriff may obtain the signature of the responsible person on the administrative citation, which shall create a presumption of personal service. The lack of signature shall in no way affect the validity of the administrative citation.

2. Alternatively, or in addition to personally serving the administrative citation, the enforcement officer or deputy Sheriff may provide notice by mailing the administrative citation to the responsible person by first class mail, postage prepaid.

3. Alternatively, or in addition to personally serving or mailing the administrative citation, an enforcement officer or deputy Sheriff may utilize any other means fairly and reasonably calculated to provide notice of the violation.

e) Effective Date of Service. Service of the administrative citation shall be effective on the date it was personally served, mailed, or otherwise delivered by the enforcement officer or deputy Sheriff, regardless of when it is actually received by the responsible person.

f) Finality. Unless the responsible person properly requests a hearing to challenge an administrative citation issued pursuant to this Chapter within thirty (30) days of the date of issuance, the administrative citation shall constitute the final administrative order, and the imposition of the administrative penalty shall become a final order.

1. Separate Offenses. Acts, omissions, or conditions in violation of this ordinance that continue, exist, or occur on more than one day constitute separate violations on each day. Violations continuing, existing, or occurring on the service date, the effective date, and each day between the service date and the effective date are separate violations. A person is guilty of a separate offense for each and every instance during which he or she commits, continues, or permits a violation of this ordinance. A person is deemed guilty of a separate offense for each and every catalytic converter in the person's possession that is not attached to a vehicle unless the person has a valid proof of ownership of the catalytic converter.

(Ord. No. 25-012, § 2, 6-10-2025)

The procedures to appeal an administrative citation issued pursuant to this Chapter are as follows:

a) Hearing Request. Any person issued an administrative citation for violation of this Chapter may contest the citation by requesting a hearing according to the procedures found in Section 1.13.170 of this code. A person financially unable to pay the administrative fine as provided in Section 1.13.170 may request an advance deposit hardship waiver as set forth in Section 1.13.180.

b) Hearing Officer. For hearings to challenge an administrative citation issued pursuant to this Chapter, the County Administrative Officer, or the designee thereof, in consultation with the Director of the enforcing department of the County, or the designee thereof, or the Sheriff-Coroner, or the designee thereof, shall appoint a hearing officer to preside over an administrative citation hearing that has been properly requested under the provisions of this Chapter and this code.

c) Hearing Procedures. The procedures for a hearing to contest an administrative citation issued pursuant to this Chapter are the same as those listed in Section 1.13.200 of this code.

d) Right to Judicial Review. Any person aggrieved by the decision of an administrative hearing officer in any hearing on an administrative citation under this Chapter, may obtain review of the administrative decision by filing a petition for review with the Fresno County Superior Court, in accordance with the timeline and other provisions set forth in Section 53069.4 in the California Government Code.

e) The procedures of Sections 1.14.020-1.14.050 of this code are applicable to this Chapter.

f) Recovery of Administrative Citations and Civil Penalties. The County may collect any past due administrative citation(s) or unpaid civil penalties, assessed, and issued pursuant to this Chapter, by use of any and all available legal means, including without limitation, as a personal obligation or a lien recorded against any real property owned by the person(s) found to have violated this Chapter. County Counsel may bring a civil action in the name of the County to recover any past due administrative citation(s) or unpaid civil penalties and may enforce any judgment to collect any unpaid sum in the same manner as civil judgments.

(Ord. No. 25-012, § 2, 6-10-2025)

All remedies and penalties for violations of the prohibitions in this ordinance shall be cumulative and not exclusive. Enforcement by use of any administrative, criminal or civil action, citation or administrative proceeding or abatement remedy does not preclude the use of additional citations or other remedies as authorized by other ordinance or law. Enforcement remedies may be employed concurrently or consecutively. Conviction and punishment of or enforcement against any person hereunder shall not relieve such person from the responsibility of correcting, removing or abating a violation, nor prevent the enforced correction, removal or abatement thereof.

(Ord. No. 25-012, § 2, 6-10-2025)

The provisions of this ordinance are separate and severable. If any provision of this ordinance is for any reason held by a court to be unconstitutional or invalid, the Board declares that it would have passed this ordinance irrespective of the invalidity of the provision held to be unconstitutional or invalid. Such unconstitutionality or invalidity shall therefore not affect the remaining provisions of this ordinance, or the validity of its application to other persons or circumstances.

(Ord. No. 25-012, § 2, 6-10-2025)

This ordinance shall take effect (the "Effective Date") and be in force and effect thirty (30) days after the second reading hereof by the Board of Supervisors and its passage.

(Ord. No. 25-012, § 2, 6-10-2025)