San Jose Municipal Code Part 6 Catalytic Converters

The definitions set forth in this Section shall govern the application and interpretation of Part 6:

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.

B. "Core recycler" shall have the definition given in California Business and Professions Code Section 21610.

C. "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.

D. "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."

(Ord. 31038.)

A. It shall be unlawful for any person, other than a core recycler, 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.

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 the San José Municipal Code. Each and every catalytic converter unlawfully possessed is a separate violation of this Section.

(Ord. 31038.)