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Home My WebLink AboutORD 1522 (2022)DocuSign Envelope ID: 7AE10E56-4B65-4BAF-BE70-F3ACEE77B296 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 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, Ordinance No. 1522 Page 1 of 5 DocuSign Envelope ID: 7AE10E56-4B65-4BAF-BE70-F3ACEE77B296 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 of 5 DocuSign Envelope ID: 7AE10E56-4B65-4BAF-BE70-F3ACEE77B296 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 be published as required by law and shall take effect as provided by law. Ordinance No. 1522 Page 3 of 5 DocuSign Envelope ID: 7AE10E56-4B65-4BAF-BE70-F3ACEE77B296 PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Tustin on this 7t" day of June, 2022. DoccuSigned by: 119DEE3867CO41A... AUSTIN LUMBARD, Mayor ATTEST: DocuSigned by: r,A.V'Vtt, (bd wa.V'd, SC7F39A6n9nA4F9 CARRIE WOODWARD, Acting City Clerk Ordinance No. 1522 Page 4 of 5 DocuSign Envelope ID: 7AE10E56-4B65-4BAF-BE70-F3ACEE77B296 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1522 I, Carrie Woodward, Acting 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 by title only at a regular meeting of the City Council held on the 7th day of June, 2022, by the following vote: COUNCILMEMBER AYES: Lumbard, Cooper, Clark, Gallagher, Gomez (5) COUNCILMEMBER NOES: (0) COUNCILMEMBER ABSTAINED: (0) COUNCILMEMBER ABSENT: (0) DocuSigned by: AVVlL �bb�WA4 E SC7F39A6D9D84E2.. CARRIE WOODWARD, Acting City Clerk Ordinance No. 1522 Page 5 of 5