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HomeMy WebLinkAbout18 UNLAWFUL POSSESSION OF CATALYTIC CONVERTER CITY ORDINANCEDocuSign Envelope ID: F5AAB750-D243-4FB0-A521-EE7F836FBF11 MEETING DATE TO: FROM: SUBJECT: SUMMARY AGENDA REPORT MAY 17, 2022 MATTHEW S. WEST, CITY MANAGER STU GREENBERG, CHIEF OF POLICE Agenda Item 18 Reviewed: Ds City Manager Finance Director UNLAWFUL POSSESSION OF CATALYTIC CONVERTER CITY ORDINANCE Over the past several years, thefts of catalytic converters within the City of Tustin, as well as within jurisdictions across Orange County and California as a whole, have increased dramatically. In an effort to combat the theft, transportation, and recycling of illegally obtained catalytic converters in the City of Tustin, the Police Department, in conjunction with the City Attorney's office, is proposing a new ordinance which will make it unlawful to possess a catalytic converter that is not attached to a vehicle unless the possessor has valid documentation or other proof of lawful possession. RECOMMENDATION Introduce for first reading and by title only — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADDITION SECTION 6360 TO PART 6 OF THE TUSTIN CITY CODE ESTABLISHING REGULATIONS PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS IN THE CITY. FISCAL IMPACT Minimal prosecutorial hourly costs on a per case basis. CORRELATION TO THE STRATEGIC PLAN Goal B: Public Safety and Protection of Assets — Ensure Tustin is an attractive, safe and well-maintained community in which people feel pride. DocuSign Envelope ID: F5AAB750-D243-4FB0-A521-EE7F836FBF11 Unlawful Possession of Catalytic Converter City Ordinance May 17, 2022 Page 2 of 3 BACKGROUND Over the past three years, the number of catalytic converter thefts within the City has increased dramatically. The number of catalytic converter thefts in the City of Tustin rose from 47 in 2019, to 106 in the year 2020, and to 186 in 2021, marking an increase of approximately 400% over that period. In the first four months of 2022 alone, there have been 115 reported catalytic converter thefts. Projected out for the remainder of the year, the City can expect a total of 345 catalytic converter thefts by the end of 2022. This trend is not unique to the City of Tustin as the entire County has experienced a similar increase during the same time period. In September of 2021, the Community Relations Unit launched the `Etch and Catch Catalytic Converter Theft Prevention Program'. Tustin PD partnered with six (6) auto mechanic businesses within the City of Tustin to offer free etching of the Vehicle Identification Number (VIN) onto the catalytic converter of the vehicle. This is done to deter the theft of the catalytic converter when the criminal sees this marking. If the catalytic converter is stolen, the etched VIN assists law enforcement in locating the owner and making an arrest. In the nine (9) months of this program being operational, approximately 600 vehicles have been etched. The rise in catalytic converter thefts can be attributed to several factors. First, a theft of a catalytic converter can be accomplished within a matter of seconds using common household tools such as a reciprocating saw or handheld circular saw. This, coupled with the ease with which criminals can access a vehicle's catalytic converter, makes it nearly impossible to catch criminals in the act of committing a catalytic converter theft. Next, catalytic converters contain precious metals such as platinum, palladium, and rhodium, which can be recycled for substantial sums. As a result, criminals sell the stolen catalytic converters to scrap metal yards who, in turn, remove the precious metals and sell them for a high profit. Catalytic converter thefts are nearly impossible for law enforcement agencies to investigate because the stolen catalytic converters do not have any identifying markings (e.g. serial numbers, vehicle identification numbers, or license plate numbers) which can be used to identify victims of theft. Without a victim of a theft, law enforcement officers cannot arrest suspected criminals for mere possession of a catalytic converter that appears to be stolen. Thus, despite the fact that there are very few instances when an individual would lawfully be in possession of a catalytic converter that is not attached to a vehicle, criminals cannot be charged with any offense given the lack of a specifically identifiable victim. DocuSign Envelope ID: F5AAB750-D243-4FB0-A521-EE7F836FBF11 Unlawful Possession of Catalytic Converter City Ordinance May 17, 2022 Page 3 of 3 There are currently no federal, state, or local laws or regulations which criminalize the possession of a catalytic converter which is not attached to a vehicle. Further, there is no federal, state, or local law which criminalizes the sale or recycling of unlawfully obtained catalytic converters. The lack of regulation in this area incentivizes criminals to steal catalytic converters and scrap yard and similar businesses to purchase the stolen items in order to recycle the precious metals for a profit. Finally, there are currently no federal, state, or local laws or regulations which require individuals in possession of catalytic converters which are not attached to vehicles to provide proof to law enforcement of lawful possession. This limits law enforcement's ability to protect the public by deterring catalytic converter thefts, as well as limits law enforcement's ability to seize catalytic converters which are suspected to be stolen unless an identifiable victim can be located. Given the lack of regulation in this area, the majority of catalytic converter thefts within the City of Tustin go unsolved. The citizens of Tustin and the Tustin Police Department are in need of legislation for multiple reasons including, but not limited to: (1) the need for deterrence by establishing zero -tolerance for catalytic converter thefts, (2) creating penalties for possessing stolen catalytic converters, (3) preventing criminals from profiting from the sale and recycling of stolen catalytic converters, (4) providing indirect justice to victims of catalytic converter theft, and (5) minimizing the fiscal and personnel impact on the City of Tustin caused by catalytic converter thefts and related investigations. This ordinance will provide the Tustin Police Department with clearly established legal authority to protect the public and deter criminal activity. It is expected that, over time, this ordinance should reduce the total number of catalytic converter thefts within the City. FocuSigned by: . `G'REB E RG Chief of Police Attachments 1. City Ordinance Draft DocuSigned by: Q:/l. 16L c5DE4A1._ City Operations Division Commander DocuSign Envelope ID: F5AAB750-D243-4FB0-A521-EE7F836FBF11 ORDINANCE NO. 1522 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADDING SECTION 6360 TO PART 6 OF CHAPTER 3 OF ARTICLE 6 OF THE TUSTIN CITY CODE ESTABLISHING REGULATIONS PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS IN THE CITY. WHEREAS, the City of Tustin and its citizens have experienced a dramatic increase in the theft of catalytic converters over the past several years; and WHEREAS, the number of catalytic converter thefts in the City of Tustin rose from approximately 47 in the year 2019, to 106 in the year 2020, and to 186 in the year 2021, marking an increase of approximately 400% over that period; and WHEREAS, in the first 4 months of 2022, the City has already experienced approximately 115 catalytic converter thefts; and WHEREAS, the nature of catalytic converter thefts makes it difficult for law enforcement to prosecute offenders due to the fact that it is extremely difficult to identify victims of the thefts; and WHEREAS, there are currently no federal, state, or local laws or regulations which criminalize the unlawful possession within the City of catalytic converters which are not attached to vehicles; and. WHEREAS, there are currently no federal, state, or local laws or regulations which prohibit the unlawful recycling or sale of unlawfully obtained catalytic converters within the City, thus leading to the increase of such activity within the City; and WHEREAS, there are currently no federal, state, or local laws or regulations which require individuals in possession of catalytic converters which are not attached to vehicles to provide proof to law enforcement of lawful possession, which limits law enforcement's ability to protect the public by deterring catalytic converter thefts, as well as limits law enforcement's ability to seize catalytic converters which are suspected to be stolen unless an identifiable victim has been located; and WHEREAS, catalytic converter thefts are on the rise because individuals are incentivized to commit such thefts for many reasons including, but not limited to, (1) the ease such thefts can be committed in a very short period of time with common tools, (2) the ability to recycle catalytic converters as scrap metal for high dollar amounts ranging from $200 to $1,200 per catalytic converter, and (3) loopholes in legislation which protect criminals from prosecution unless a specific victim can be identified; and Ordinance No. 1522 Page 1 DocuSign Envelope ID: F5AAB750-D243-4FB0-A521-EE7F836FBF11 WHEREAS, finding victims of these crimes is nearly impossible because it is extremely difficult to catch criminals in the act of unlawfully removing a catalytic converter, coupled with the fact that catalytic converters do not have any identifying marks which would allow law enforcement to trace stolen catalytic converters to a specific vehicle or victim; and WHEREAS, due to the lack of legislation in this area, most catalytic converter thefts go unsolved, which is fundamentally unacceptable for the citizens of Tustin; and WHEREAS, the citizens of Tustin and the Tustin Police Department are in need of legislation for multiple reasons including, but not limited to: (1) the need for deterrence by establishing zero -tolerance for catalytic converter thefts, (2) creating penalties for possessing stolen catalytic converters, (3) preventing criminals from profiting from the sale and recycling of stolen catalytic converters, (4) providing indirect justice to victims of catalytic converter theft, and (5) minimizing the fiscal and personnel impact on the City of Tustin caused by catalytic converter thefts and related investigations; and WHEREAS, individuals who are in possession of stolen catalytic converters recycle them for substantial sums while the victims of such thefts are required to pay thousands of dollars to repair their vehicles, are inconvenienced by the time such repairs take, and feel less safe in their community; and WHEREAS, this Ordinance is necessary to provide the City of Tustin Police Department with clearly established legal authority to protect the public and deter this criminal activity. Now, therefore, the City Council of the City of Tustin does hereby ordain as follows: SECTION I. Part 6 is hereby added to Chapter 3 (Disorderly Conduct) of Article 6 (Public Welfare) of the Tustin City Code to read as follows: PART 6 — UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS 6360 — Unlawful Possession of a Catalytic Converter 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 establish that they are in lawful possession of the catalytic converter. b) For purposes of this section, "lawful possession" includes being the lawful owner of the catalytic converter, or in possession of the catalytic converter with the lawful owner's written consent. It is not required to prove that a catalytic converter was stolen to establish that the possession is not a "lawful possession." c) For purposes of this section, "documentation or other proof" means 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 Ordinance No. 1522 Page 2 DocuSign Envelope ID: F5AAB750-D243-4FB0-A521-EE7F836FBF11 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 written or 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 which show the vehicle's license plate or vehicle identification number (VIN), or vehicle registration for the vehicle from which the catalytic converter originated, coupled with a corresponding license plate or VIN number etched onto the catalytic converter. The validity of "documentation or other proof" shall be based on the totality of the circumstances. d) Each and every violation of this section shall constitute a separate violation and shall be subject to remedies and enforcement as set forth in the Tustin City Code. Each and every catalytic converter which is unlawfully possessed constitutes a separate violation of this section. e) Violations of this section constitute misdemeanors and upon conviction are punishable by a fine not to exceed $1,000, imprisonment in the county jail for a period of up to six (6) months, or by both such fine and imprisonment. Notwithstanding the foregoing, violations of this section may, at the discretion of the City Attorney, be prosecuted as infractions. f) The remedies provided herein are not to be construed as exclusive remedies. The City is authorized to pursue any proceedings that are authorized by this Code or any other law for violations of this section. SECTION II. CEQA. This Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to state CEQA guidelines because there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment. (14 Cal. Code Regs. § 15061(b)(3)) City staff shall cause a Notice of Exemption to be filed as authorized by CEQA and state CEQA guidelines. SECTION III. Severability. If any section, sub -section, clause or phrase in this Ordinance or the application thereof to any person or circumstances is for any reason held invalid, the validity of the remainder of this Ordinance or the application of such provisions to other persons or circumstances shall not be affected. SECTION IV. Effective Date. This City Clerk shall certify passage of this Ordinance and this Ordinance shall I aw. be published as required by law and shall take effect as provided by PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Tustin on this day of Ordinance No. 1522 Page 3 DocuSign Envelope ID: F5AAB750-D243-4FB0-A521-EE7F836FBF11 AUSTIN LUMBARD, Mayor ERICA N. YASUDA, City Clerk Ordinance No. 1522 Page 4 DocuSign Envelope ID: F5AAB750-D243-4FB0-A521-EE7F836FBF11 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1522 I, Erica N. Yasuda, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance No. 1522 was duly and regularly introduced and read by title only at the regular meeting of the City Council held on the 17th day of May, 2022, and was given its second reading, passed and adopted at a regular meeting of the City Council held on the—day of 2022, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: ERICA N. YASUDA, City Clerk Ordinance No. 1522 Page 5