Murrieta Municipal Code Ch. 9.35 Unlawful Possession of a Catalytic Converter

The city council of the city of Murrieta finds that the theft of catalytic converters has been an increasing problem in the city in recent years. The external location of catalytic converters and the use of valuable precious metals, including rhodium, palladium and platinum, in catalytic converters makes these devices a target for thieves. Individuals in possession of stolen catalytic converters often recycle them for substantial profit, while victims of these thefts suffer the consequences of paying thousands of dollars in repairs, the inconvenience of repairing their vehicles, and feeling unsafe in the community. Finding the victim of these crimes is extremely difficult due to the manner in which the catalytic converter thefts occur and lack of identifying markers on catalytic converters to link a stolen catalytic converter to the victim. The inability to identify the victims of catalytic converter thefts can inhibit the ability to successfully prosecute individuals for the thefts. This chapter is necessary to provide the city a means to protect the public, deter this criminal activity and promote a more productive use of city resources.

(Ord. 606-24 § 2 (part), 2024)

Catalytic converter theft is an ongoing problem within the city and causes significant financial damage to the victims. The purpose and intent of this chapter is to curb the theft of catalytic converters throughout the city and to provide the city with reasonable means to address the impact on the community and the victims posed by increasing catalytic converter thefts.

(Ord. 606-24 § 2 (part), 2024)

For purposes of this chapter, the following words and phrases shall have the following meanings:

“City” means the city of Murrieta.

“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.

“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. 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 registered vehicle owner.

“Lawful Possession” 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. It is not required to prove the catalytic converter was stolen to establish the possession is an unlawful possession.

“Enforcement Officer” means Riverside county sheriff, murrieta police chief, city attorney, or district attorney and their designees.

(Ord. 606-24 § 2 (part), 2024)

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 a verifiable valid proof of ownership of the catalytic converter.

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. § 7401 et seq.) and 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.

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.

(Ord. 606-24 § 2 (part), 2024)

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), 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 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.

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. Any administrative civil penalty shall be one thousand dollars ($1,000) for the first offense, two thousand dollars ($2,000) for the second offense within 36 months, and five thousand dollars ($5,000) for each subsequent offense within 36 months. The administrative citation shall contain the following information: (1) date, location and approximate time the violation was observed; (2) the amount of the administrative civil penalty imposed for the violation; (3) 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; (4) instructions on how to appeal the administrative citation; and (5) the signature of the enforcement officer. 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 chapter or may be imposed by the court if the violation requires court enforcement without an administrative process.

D. Separate offenses. Acts, omissions, or conditions in violation of this chapter 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 day or portion thereof during which he or she commits, continues, or permits a violation of this chapter. A person is deemed guilty of a separate offense for each and every violation of this chapter, or any portion thereof. 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.

(Ord. 606-24 § 2 (part), 2024)

A. Request for appeal. The recipient of an administrative citation may appeal the citation by submitting a written request for a hearing according to the requirements set forth in Murrieta Municipal Code Section 1.26.070.

B. Hardship waiver. The recipient of an administrative citation may request a hardship waiver according to requirements set forth in Murrieta Municipal Code Section 1.26.035.

C. Administrative hearing. Upon a timely written request by the recipient of an administrative citation, an administrative hearing shall be held according to Murrieta Municipal Code Sections 1.26.080, 1.26.090, 1.26.100, 1.26.110, 1.26.120, and 1.26.130. (Ord. 606-24 § 2 (part), 2024)

All remedies and penalties for violations of the prohibitions in this chapter 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. 606-24 § 2 (part), 2024)