Indian Wells Municipal Code Ch. 9.07 Unlawful Possession of a Catalytic Converter

Riverside County Ordinance No. 987, an "Ordinance of the County of Riverside Relating to the Unlawful Possession of a Catalytic Converter" ("Ordinance No. 987"), as may be amended in the future, is adopted and made a part of this chapter by reference.

(Ord. 755, 6/20/2024)

All words and terms used herein without definition have the meanings assigned to them in Ordinance No. 987.

(Ord. 755, 6/20/2024)

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

(b) State Penalties Apply. Nothing in this Chapter is intended to limit any of the penalties provided for under California law, including, but not limited to, the Penal Code, with regard to the sale, use, possession, delivery, or receipt of catalytic converters.

(c) Administrative Civil Penalty. In addition to any other penalty provided by law, whenever an enforcement officer determines that a violation of this Chapter has occurred, the enforcement officer has authority to issue an administrative citation with an administrative civil penalty to any person responsible for the violation.

(1) Amount. Any administrative civil penalty shall be: $1,000 for the first offense; $2,000 for a second offense within 36 months of the first; and $5,000 for each subsequent offense within 36 months of the first. An offense occurring more than 36 months from the last one is treated as a first offense.

(2) Information.

(i) The administrative citation shall contain the following information:

(A) The date, location and approximate time the violation was observed;

(B) The amount of the administrative civil penalty imposed for the violation;

(C) 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;

(D) Instructions on how to appeal the administrative citation; and

(E) The signature of the enforcement officer.

(ii) The failure of the administrative citation to set forth all required contents does not affect the validity of the administrative citation or any proceedings to enforce said citation.

(iii) The administrative civil penalty may be imposed via the administrative process set forth in this Chapter or it may be imposed by the court if the violation is enforced by a court without an administrative process.

(d) Separate Offenses.

(1) A person is deemed guilty of a separate offense for each and every violation of this ordinance, or any portion thereof.

(2) Likewise, a person shall be 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.

(e) Non-Exclusive Remedies and Penalties. All remedies and penalties for violations of the prohibitions in this Chapter are cumulative and not exclusive.

(1) 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.

(2) Punishment of or enforcement against any person hereunder does not relieve such person from the responsibility of restitution for correcting or abating a violation, nor does it prevent the enforced correction or abatement thereof.

(Ord. 755, 6/20/2024)