Villa Park Municipal Code Art. 5-16 Unlawful Possession of a Catalytic Converter

This article is intended to address the significant increase in catalytic converter thefts by implementing measures that better enable law enforcement to penalize thieves. The nature of catalytic converter theft makes it nearly impossible to link the stolen property back to its rightful owner, and thieves cannot be charged without an identifiable victim. This article intends to fill the gaps in current legislation by making it unlawful to be in possession of a catalytic converter that is not attached to a vehicle unless proof or valid documentation can be provided to verify lawful possession.

(Ord. #2022-627, § 2)

For the purposes of this article, the following words and phrases shall have the meaning set forth:

a. "Lawful possession" shall mean being the lawful owner of the catalytic converter or being 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."

b. "Documentation or other proof" shall mean written document(s) that clearly identify the vehicle from which the catalytic converter originated and includes but is not limited to the following document types: bill of sale from the original owner with photographs, documentation from an auto-body shop proving the owner relinquished the catalytic converter to the auto-body shop, verifiable electronic communication from the previous owner to the possessor relinquishing ownership of the catalytic converter, photographs of the vehicle from which the catalytic converter originated, and vehicle registration associated with the catalytic converter containing an etched associated license plate number or vehicle identification number. The validity of "documentation or other proof" is based on the totality of the circumstances.

(Ord. #2022-627, § 2)

a. It shall be unlawful to possess any catalytic converter that is not attached to a vehicle unless the possessor has valid documentation or other proof to verify they are in lawful possession of the catalytic converter.

(Ord. #2022-627, § 2)

a. Each and every violation of this article shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the City of Villa Park Municipal Code. Each and every catalytic converter unlawfully possessed is a separate violation of this article.

b. Each and every violation of this article may in the discretion of the District Attorney be prosecuted as a misdemeanor and upon conviction be subject to a fine not to exceed five hundred dollars ($500.00) or imprisonment in the county jail for a period of not more than twelve (12) months, or by both such fine and imprisonment.

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

(Ord. #2022-627, § 2)