Kern County Municipal Code Ch. 9.46 Unlawful Possession of a Catalytic Converter

Catalytic converter theft is an increasing problem within Kern County and causes significant financial damage to the victims. Due to the lack of federal or state legislation that requires showing proof of ownership of a catalytic converter to law enforcement, criminal enforcement remedies are limited. The purpose and intent of this chapter is to provide Kern County with reasonable means to address the impact on the community and the victims posed by increasing catalytic converter thefts.

(Ord. No. G-9354, § 3, 7-29-25)

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

A. "Catalytic converter" means 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, and shall also mean 'catalytic converter' as that term is used in California Vehicle Code Section 10852.5.

B. "Documentation or other proof" means 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. Signed bill of sale from the original owner authorizing removal of the catalytic converter, including the vehicle owner's name, address, and telephone number.

2. Verifiable documentation from an auto-body shop proving the owner relinquished the catalytic converter to the auto-body shop or similar business.

3. Verifiable electronic communication from the previous owner to the possessor relinquishing ownership of the catalytic converter.

4. Vehicle registration associated with the catalytic converter together with photographs showing an etched associated license plate number or vehicle identification number or driver's license number of registered vehicle owner claimed to have conveyed the catalytic converter to the person now in possession.

C. "Lawful possession" means (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. It is not required to prove the catalytic converter was stolen to establish the possession is not lawful possession.

D. "Enforcement officer" means a sworn officer of the sheriff's department, sworn federal task force officer, building official, code enforcement official, county counsel, or district attorney, and their designees.

(Ord. No. G-9354, § 3, 7-29-25)

A. Barring any provision of state law permitting the same, it is unlawful for any person, other than a core recycler as defined in California Business and Professions Code Section 21610, to possess any catalytic converter which is not attached to a vehicle unless the person has documentation or other proof verifying they are in lawful possession of the catalytic converter.

B. This section does not apply to a detached catalytic converter, otherwise lawfully possessed, that has been verifiably tested, certified, and labeled or otherwise approved for reuse, and is being bought or sold for purpose of reuse in accordance with (i) the federal Clean Air Act (42 U.S.C. § 7401 et seq.) and regulations under the Clean Air Act; or (ii) or applicable regulations of the California Air Resources Board, as they may be amended from time to time.

C. It is unlawful for any person to knowingly falsify or cause to be falsified any information in any documentation or other proof intended to show valid proof of ownership or possession of a catalytic converter.

D. Evidence of unlawful possession may be presumed by the number of detached catalytic converters within one's possession and/or by the conditions of the dismantled catalytic converter(s), including, but not limited to, the manner a catalytic converter has been detached or cut from the vehicle.

(Ord. No. G-9354, § 3, 7-29-25)

A. Misdemeanor Penalty. Any person who violates any provision of this chapter is guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding one thousand dollars ($1,000.00), or by imprisonment in the county jail for a term not exceeding a year, or by both.

B. Unless otherwise specified herein, all administrative citations issued for violations of this chapter shall be subject to the provisions set forth in Chapter 8.54 of the Kern County Ordinance Code (hereinafter, code), including but not limited to, the administrative hearing and appeal process and the county's authority to use any civil remedy available to collect any unpaid administrative fines.

C. State Penalties Apply. Nothing in this chapter 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 sale, use, possession, delivery, and/or receipt of catalytic converters.

D. Administrative Civil Penalty. In addition to any other penalties provided by law, whenever an enforcement officer determines a violation of this chapter has occurred, the enforcement officer shall have the authority to issue an administrative citation with an administrative civil penalty to any person responsible for the violation, in accordance with and subject to the provisions of Chapter 8.54 of this code. Any administrative civil penalty in this chapter shall be one thousand dollars ($1,000.00) for the first offense, two thousand dollars ($2,000.00) for the second offense within thirty-six (36) months, and five thousand dollars ($5,000.00) for each subsequent offense within thirty-six (36) months.

E. If any part or provision of this chapter, or the application thereof to any person or circumstance, is held invalid, the remainder of the chapter, including the application of that part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, the provisions of this chapter are severable.

F. The remedies provided in this chapter shall be construed to be separate and distinct and the pursuit, imposition and enforcement of one shall not prevent or foreclose the pursuit, imposition and enforcement of any other or others.

(Ord. No. G-9354, § 3, 7-29-25)