Division 22 — UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS

For purposes of this Division, the words and phrases defined herein shall be construed in accordance with the following definitions:

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, and includes, but is not limited to, the following types of documents: (1) bill of sale from the original owner with photographs; (2) documentation from an auto-body shop proving that 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.

Enforcement Officer shall include the Sheriff-Coroner, Building Official, Code Enforcement Officer, County Counsel, or District Attorney, and their designees.

Lawful possession includes: (1) being the lawful owner of the catalytic converter; or (2) in possession of the catalytic converter with the lawful owner's written consent. It is not required to prove the catalytic converter was stolen to establish the possession is not a "lawful possession."

Person means a natural person, partnership, association, company, corporation, or other organization.

(Ord. No. 26-003, § 1(exh. 1), 2-24-26)

(a)

It shall be unlawful for any person, other than a core recycler as defined in California Business and Professions Code Section 21610, to possess any catalytic converter that is not attached to a vehicle,

unless the possessor has valid documentation or other proof to verify that they are in lawful possession of the catalytic converter.

i.

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.

ii.

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.

iii.

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. No. 26-003, § 1(exh. 1), 2-24-26)

(a)

Each catalytic converter unlawfully possessed is a separate violation of this section.

(b)

Each and every violation of this section shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by Division 1, Article 2, of this code, including enforcement as a misdemeanor and infraction.

(c)

The County Counsel or District Attorney may also prosecute a civil action under applicable State law to enforce this section and in any action a civil penalty may be imposed as provided by law and where appropriate, restitution ordered to aggrieved victims.

(d)

Nothing in this ordinance shall be intended to limit any of the penalties provided for under California law, including but not limited to the Penal Code, about the sale, use, possession, delivery, and/or receipt of catalytic converters.

(e)

The remedies provided herein are not to be construed as exclusive remedies. The County is authorized to pursue any proceedings or remedies provided by law.

(Ord. No. 26-003, § 1(exh. 1), 2-24-26)

If any section, paragraph, sentence, clause, phrase or portion of this article is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed severable and such holding shall not affect the validity of the remaining portions hereof. The Board of Supervisors hereby declares that it would have adopted this article irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed, and the balance of the article be enforced.

(Ord. No. 26-003, § 1(exh. 1), 2-24-26)