Kern County Municipal Code Ch. 9.48 Unlawful Possession and Transportation of Commercial Grade Copper And…

Copper and aluminum wire thefts are an increasing problem within Kern County and cause significant financial damage to the victims. Commercial agriculture and oilfield companies are a vital component to the economy of Kern County. These entities rely heavily upon infrastructure, such as energy transmission and telecommunication lines, to operate. Transmission and telecommunication lines, and related infrastructure, are often made of copper wire or aluminum, which can be sold as non-ferrous scrap metal to recyclers or junk dealers. Although these components are much more valuable to their lawful owners when used for their intended purpose, they are nevertheless frequently stolen by thieves seeking to sell copper and aluminum components as scrap.

The process of stealing copper or aluminum wire and components renders vital infrastructure inoperable until repaired, thereby harming public health, and the safety and welfare of those entities which depend on such infrastructure. The cost of repairing and replacing infrastructure damaged by metal thieves substantially burdens businesses, public utilities, laws enforcement and the public in general. Although the damage caused by metal thieves burdens all residents of Kern County, commercial agriculture and oilfield businesses are particularly vulnerable to metal thefts due to the rural nature of their locations. It is estimated that metal thieves inflicted over one million two hundred fifty thousand dollars ($1,250,000.00) in loss and damage to these operations in the county of Kern alone since January 2025.

Telecommunication and transmission lines are nearly always sheathed in a protective, insulation coating of rubber, plastic or similar material which contains markings that identify the type of wire or cable and its lawful owner. Once the sheathing is removed it is difficult for law enforcement to identify the lawful owner of the wire or cable. Wire or cable which has had the sheathing removed also sells for more money to recyclers and junk dealers. For both reasons, metal thieves typically strip off, burn off, or otherwise remove this protective sheathing before attempting to sell the stolen metal as scrap.

Existing California law regulates the businesses of junk dealing and recycling, requiring businesses to adhere to extensive regulations when accepting scrap metal for recycling, but those laws are not readily applied to individuals without a business affiliation. However, metal theft in the county of Kern is overwhelming carried out by individuals acting on their own, with no legitimate business affiliation or purpose. Additionally, Kern is predominately an agricultural and oilfield county and is uniquely and particularly vulnerable to theft and destruction of infrastructure because its telecommunication and energy infrastructure are spread out over vast distances that cannot be feasibly secured or observed. Consequently, existing California law is insufficient to address the unique circumstances faced by the county of Kern, and the board of supervisors finds that a county ordinance is necessary to address these issues.

Due to the lack of federal or state legislation that requires showing proof of ownership of copper wire 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 copper wire thefts.

(Ord. No. G-9357, § 3, 9-23-25)

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

A. "Commercial grade" refers to copper or aluminum wire or cable with a total diameter of 0.15 inches or greater, exclusive of any sheathing or coating, or telecommunications cable with fifty (50) or more pairs of conductors in a single cable.

B. "Sheathing" means the coating, typically made of plastic, rubber, or a similar substance, which insulates and protects commercial grade wire or cable, and often bears markings which identify the lawful owner, purpose, or source of the wire or cable.

C. "Scrap" means material derived from manufactured components, such as transmission or telecommunication lines, which is no longer useful for its intended purpose or is primarily valuable for recycling.

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

(Ord. No. G-9357, § 3, 9-23-25)

No person shall receive, possess, or transport scrap commercial grade copper or aluminum wire, cable, transformer coils, transformer bands, power conducting components, or control system components of the type commonly found in electrical switch gear, or any combination thereof, with a total aggregate weight of ten (10) pounds or more. This section does not apply to a junk dealer or recycler within the meaning of California Business and Professions Code Section 21601, or to the agents or employees of those entities. This section does not apply to any licensed general contractor, subcontractor, or business engaged in the construction, repair, or demolition of buildings, to commercial agricultural businesses, to oil production businesses, to commercial manufacturing businesses, to licensed businesses engaged in the transport or hauling of materials including scrap metal or commercial grade copper or aluminum wire, or to the agents or employees of those entities.

(Ord. No. G-9357, § 3, 9-23-25)

No person shall receive, possess, or transport scrap commercial grade copper or aluminum wire or cable which has had its sheathing stripped, burned off, or otherwise removed. This section does not apply to a junk dealer or recycler within the meaning of California Business and Professions Code Section 21601, or to the agents or employees of those entities. This section does not apply to any licensed general contractor, subcontractor, or business engaged in the construction, repair, or demolition of buildings, to commercial agricultural businesses, to commercial manufacturing businesses, to licensed businesses engaged in the transport or hauling of materials including scrap metal or commercial grade copper or aluminum wire, or to the agents or employees of those entities.

(Ord. No. G-9357, § 3, 9-23-25)

No person shall strip, burn, or otherwise remove the sheathing from commercial grade copper or aluminum wire or cable. This section does not apply to a junk dealer or recycler within the meaning of California Business and Professions Code Section 21601, or to the agents or employees of those entities. This section does not apply to any licensed general contractor, subcontractor, or business engaged in the construction, repair, or demolition of buildings, to commercial agricultural businesses, to commercial manufacturing businesses, to licensed businesses engaged in the transport or hauling of materials including scrap metal or commercial grade copper or aluminum wire, or to the agents or employees of those entities.

(Ord. No. G-9357, § 3, 9-23-25)

A. A violation of this chapter is subject to enforcement through criminal prosecution, civil action, administrative citation, and civil penalties, as provided herein, including by injunction. Any violation of this chapter is a misdemeanor, punishable by imprisonment in the county jail for a term not to exceed one (1) year, a fine of up to one thousand dollars ($1,000.00), or 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 fees.

C. 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.

(Ord. No. G-9357, § 3, 9-23-25)

A. Notwithstanding any other provision in chapter 9.48 of the code, it shall be a defense to any criminal or civil enforcement of this chapter, if, at the time of the alleged violation of Sections 9.48.030, 9.48.040 or 9.48.050 of this chapter, the person alleged to have violated these sections possesses a valid business license for one (1) of the types of commercial activities listed in Sections 9.48.030, 9.48.040 or 9.48.050, or other valid state or local business license which would render the activity prohibited by Sections 9.48.030, 9.48.040 or 9.48.050 a legal and legitimate commercial activity.

B. Notwithstanding any other provision in chapter 9.48 of the code, it shall be a defense to any criminal or civil enforcement of this chapter, if, at the time of the alleged violation of Sections 9.48.030, 9.48.040 or 9.48.050 of this chapter, the person alleged to have violated these sections possesses adequate written evidence of legal ownership of the scrap commercial grade copper or aluminum wire or cable that is the subject of the alleged violation.

C. Notwithstanding any other provision in chapter 9.48 of the code, no citation shall be issued to, and no arrest made of, any person having in their possession at the time of the alleged violation of Sections 9.48.030, 9.48.040 or 9.48.050 of this chapter, a business license as described in subsection A, of this section or adequate written evidence of ownership of the scrap commercial grade copper or aluminum wire or cable that is the subject of the alleged violation as described in subsection B, of this section.

D. Any person who presents, shows or uses false, counterfeit or fraudulent written evidence of ownership of the scrap commercial grade copper or aluminum wire or cable alleged to be the subject of a violation of Sections 9.48.030, 9.48.040 or 9.48.050 of this chapter, in an attempt to prove ownership of those materials shall be guilty of a misdemeanor and subject to the criminal penalties provided in Section 9.48.060.

(Ord. No. G-9357, § 3, 9-23-25)

A violation of this chapter is hereby declared to be a public nuisance.

(Ord. No. G-9357, § 3, 9-23-25)

This chapter is not an exclusive regulation or penalty for acts prohibited hereby. It supplements and is in addition to other regulatory codes, statutes, and ordinances heretofore or hereafter enacted by the County, state or any legal entity or agency having jurisdiction.

(Ord. No. G-9357, § 3, 9-23-25)

If any portion of this chapter is held to be invalid by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter. The board hereby declares it would have passed each remaining portion irrespective of the fact that any one or more portions are declared invalid.

(Ord. No. G-9357, § 3, 9-23-25)