TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Anthony Conrad, Chief of Police
PREPARED BY: Tiffany Israel, City Attorney
SUBJECT:
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Second Reading - Catalytic Converter Possession Municipal Codes
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RECOMMENDATION
recommendation
Conduct the second reading and adopt Ordinance No. 606-24 entitled: An Ordinance of the City Council of the City of Murrieta, California, Amending Title 9 of the Murrieta Municipal Code to Establish a New Chapter 9.35 to Set Forth Regulations Defining and Prohibiting the Unlawful Possession of Detached Catalytic Converters in the City of Murrieta and Adoption of Exemption From CEQA.
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PRIOR ACTION/VOTE
On August 20, 2024, the City Council conducted the first reading and introduced Ordinance No. 606-24.
CITY COUNCIL GOAL
Provide a high level of innovative public safety.
BACKGROUND
The theft of catalytic converters has been an increasing problem throughout Southern California in recent years, with the City of Murrieta experiencing at least six thefts per month. A catalytic converter lies between a car's engine and its exhaust pipe. It is part of a car’s exhaust-system that causes conversion of harmful gases (such as carbon monoxide) into mostly harmless products (such as water and carbon dioxide). The external location of catalytic converters and the use of valuable precious metals, including rhodium, palladium, and platinum, make these devices a target for thieves. Individuals in possession of stolen catalytic converters often recycle them for substantial profit, while victims of these thefts suffer the consequences of paying thousands of dollars in repairs, the inconvenience of repairing their vehicles, and feeling unsafe in the community.
Local agencies in California, and especially Riverside County, have begun to pass similar ordinances to assist law enforcement in holding individuals accountable for their crimes. The purpose and intent of this Ordinance is to curb the theft of catalytic converters throughout the City of Murrieta and to provide the City and the Murrieta Police Department with the authority to help address the impact on the community resulting from the increasing catalytic converter thefts.
DISCUSSION
Catalytic converter thefts are on the rise because individuals are incentivized to commit catalytic converter thefts for multiple reasons, including:
1. The ease and undetectable nature of committing such thefts, potentially in a matter of seconds and through the use of common tools such as a reciprocating saw;
2. The ability to recycle catalytic converters at scrap metal yards for high-dollar returns ranging from $200 to $1,200 per catalytic converter; and
3. Loopholes in existing legislation protect criminals from prosecution unless a victim can be identified.
Finding the victims of these crimes is extremely difficult due to the way catalytic converter thefts occur and the lack of identifying markers on catalytic converters to link a stolen one to its owner. The inability to identify the victims of catalytic converter thefts can currently inhibit the ability to successfully prosecute individuals for these thefts. Catalytic converter theft is an increasing issue statewide and causes significant financial damage to the victims.
Violations & Enforcement
The proposed Ordinance No. 606-24 would make it unlawful for any person to possess a catalytic converter that is not attached to a motor vehicle unless that person provides verifiable valid proof of ownership. Such proof may include a bill of sale from the original owner with photographs, documentation from an autobody shop proving the owner relinquished the catalytic converter to the autobody shop, or other manner of proof as defined in the Ordinance.
Under this Ordinance, unlawful possession can be inferred based on the quantity of detached catalytic converters in one's possession and/or the condition of the dismantled catalytic converters. This includes, but is not limited to, how the catalytic converters have been detached or cut from vehicles. Violators would be subject to administrative fines of one thousand dollars ($1,000.00) for the first offense, two thousand dollars ($2,000.00) for the second offense within thirty-six months, and five thousand dollars ($5,000.00) for each subsequent offense within thirty-six months. Violators may also be charged with a misdemeanor crime.
The proposed administrative fines are higher than those imposed by Murrieta Municipal Code section 1.26.030(D), which provides for administrative fines not exceeding one hundred dollars ($100.00) for a first violation, a fine not exceeding two hundred dollars ($200.00) for a second violation of the same ordinance or permit within one year from the date of the first violation, and a fine not exceeding five hundred dollars ($500.00) for each additional violation of the same ordinance or permit within one year from the date of the first violation. However, the proposed fines are consistent with those that have been implemented in relation to short term vacation rentals, as the City is trying to deter this conduct which has been occurring frequently.
CEQA Evaluation
The proposed code amendment has been evaluated pursuant to the California Environmental Quality Act (CEQA) - Public Resources Code Sections 21000-21189 and the CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3 Sections 15000-15387), and it has been determined that the amendments will have no significant adverse impacts on the environment. Furthermore, the amendment is exempt pursuant to the CEQA Guidelines, specifically Section 15060(c)(2), because the proposed Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment; and Section 15061(b)(3), because CEQA applies only to projects which have the potential for causing a significant effect on the environment.
FISCAL IMPACT
None.
ATTACHMENTS
1. Ordinance No. 606-24