Modesto Municipal Code Ch. 13 Anti-Theft Device Installation Required Prior to the Transfer of Ownership…

The purpose of this chapter is to reduce the incidence of vehicle theft by establishing a requirement that, prior to transferring ownership, auto dealers install an anti-theft device on certain vehicles which have been identified by the National Insurance Crime Bureau (NICB) as vehicles which have been the most commonly stolen vehicles in California.

(Ord. No. 3590-C.S., § 1, effective 12-6-13)

As used in this chapter, the following terms shall have the meanings which are set forth below:

(a) "Anti-theft device" means a hidden device or switch which is accessible to the driver that disables the vehicle's fuel delivery or ignition system, preventing the vehicle from being started.

(b) "Auto dealer" means any person who is the owner or the manager of any business in the City of Modesto which sells motor vehicles, including, but not limited to: auto dealerships, vehicle dismantlers, tow yards, private party impounds, auction yards, and any person acting as the agent or employee of any auto dealer.

(c) "The National Insurance Crime Bureau (NICB) Top Ten Stolen Vehicle List in California" means the annual list published by NICB which identifies the ten (10) vehicles with the highest incidence of having been reported stolen during the preceding year. The NICB Top Ten Stolen Vehicles List by state can be viewed at the NICB website, Theft and Fraud Awareness, Top Vehicles Stolen (by state) at https://www.nicb.org/theft\_and\_fraud\_awareness/top-vehicles-stolen-by-state.

(Ord. No. 3590-C.S., § 1, effective 12-6-13)

(a) Every auto dealer conducting business within the City of Modesto shall be responsible for obtaining and maintaining a copy of the current National Insurance Crime Bureau (NICB) Top Ten Stolen Vehicle List in California for reference in order to assist with compliance with this chapter.

(b) Every auto dealer conducting business in the City of Modesto shall maintain a supply of copies of the current National Insurance Crime Bureau (NICB) Top Ten Stolen Vehicle List in California and of current Modesto Police Department pamphlets on auto theft prevention on hand for distribution to transferees to whom the auto dealer transfers ownership of any vehicle listed on the Top Ten List.

(Ord. No. 3590-C.S., § 1, effective 12-6-13)

(a) Any vehicle which is listed on the then-current National Insurance Crime Bureau (NICB) Top Ten Stolen Vehicle List in California which is transferred by an Auto Dealer to a private person, business or other entity by means of auction, sale, trade, barter, gift or other any means, shall be equipped with an operable anti-theft device prior to the transfer of ownership and/or the execution of any title transfer or release of liability regarding any such vehicle.

(b) Upon the transfer of ownership of any vehicle which is listed on the then-current National Insurance Crime Bureau (NICB) Top Ten Stolen Vehicle List in California, the auto dealer shall provide educational material, consisting of the then-current National Insurance Crime Bureau (NICB) Top Ten Stolen Vehicle List in California and the current Modesto Police Department pamphlets on auto theft prevention, to the transferee of such vehicle, and shall obtain a signed receipt for such educational materials from the transferee.

(c) A copy of the transferee's signed receipt of the above-listed materials must be retained by the auto dealer for a period of one (1) year from the date of the transfer of ownership of each vehicle listed on the National Insurance Crime Bureau (NICB) Top Ten Stolen Vehicle List in California, and shall be made available for the inspection of any peace officer upon request.

(Ord. No. 3590-C.S., § 1, effective 12-6-13)

At the discretion of the City Attorney, violations of the provisions of this chapter may be prosecuted as criminal violations pursuant to title 1, chapter 2 of this Code, or processed administratively pursuant to title 1, chapter 6 of this Code.

(Ord. No. 3590-C.S., § 1, effective 12-6-13)