HomeMy WebLinkAbout2022-01-25; City Council; ; Ordinance Prohibiting the Unlawful Possession of Catalytic Converters in the City of CarlsbadMeeting Date:
To:
From:
Staff Contact:
Subject:
District:
Jan. 25, 2022
Mayor and City Council
Scott Chadwick, City Manager
Christie Calderwood, Police Captain
christie.calderwood@carlsbadca.gov, 760-931-2100
Allegra Frost, Deputy City Attorney
allegra.frost@carlsbadca.gov, 760-434-2891
Ordinance Prohibiting the Unlawful Possession of Catalytic Converters in
the City of Carlsbad
All
Recommended Action
Introduce an ordinance to the Carlsbad City Council, adding section 8.28.060 to Chapter 8.28 of
the Carlsbad Municipal Code prohibiting the unlawful possession of catalytic converters in the
City of Carlsbad.
Executive Summary
Over the last year, the theft of catalytic converters has increased significantly in the City of
Carlsbad, the County of San Diego and across the nation. In an effort to combat this increasing
theft trend in the City of Carlsbad, staff are proposing a new ordinance that will make it
unlawful to possess a catalytic converter that is not attached to a vehicle unless the person
possessing it has valid proof of ownership.
Discussion
Catalytic converters are a key component of a gas-powered car’s emissions system, reducing
the amount of harmful pollution going out the tailpipe.
They contain expensive precious metals including platinum, palladium and rhodium. Rhodium
currently costs over $11,000 per ounce. As the price of these metals has increased, so has the
incentive for thieves to steal catalytic converters and sell them to others, who extract the
metals.
The Police Department’s officers have noted that stolen catalytic converters that have been
recovered have rough edges from being cut from the rest of the exhaust system. They are also
typically dirty with engine grease, blackened from heat and perhaps dented from contact with
road hazards. A catalytic converter cut from a car on both ends cannot be reinstalled on
another car.
Jan. 25, 2022 Item #3 Page 1 of 6
According to National Insurance Crime Bureau, there has been a 1,300% increase in claims filed
for stolen catalytic converters since 2018. In San Diego County, there were 393 reports of thefts
in 2020. From Jan. 1, 2021 to Dec. 9, 2021, the number increased 423%, to 2,056 reports by
victims. It is important to note these numbers reflect only victims who took the time to report
the thefts to law enforcement or their insurance companies. How many victims repaired their
vehicle without reporting the crime is unknown.
The current, average cost of replacing a stolen catalytic converter and repairing the damage is
typically over $2,000 to the victim. The repair must be done immediately, because it is illegal to
drive a gas-powered vehicle without a catalytic converter. Doing so also makes a constant
deafening sound due to the damaged exhaust system.
Some steps vehicle owners can take to protect against catalytic converter thefts:
• Install shields, clamps or locks on the catalytic converter
• Engrave the catalytic converter with the vehicle’s identification number
• Park in a garage or well-lighted area. If parking outside, consider installing a light
that points toward the vehicle with a motion-sensor
• Install surveillance cameras where your vehicle is parked
Catalytic converter thefts are challenging for law enforcement agencies to investigate because
of the lack of serial numbers or other identifying markers on or within each unit. According to
the San Diego County District Attorney’s Office, officers may book someone for grand theft
without having a verified victim, although there are challenges in prosecuting such charges
because, under California law, one of the elements of grand theft is that the defendant took
personal property belonging to someone else, something that can be difficult to prove in court
without an identified victim.
The Police Department has taken a leading role in combatting this increase in catalytic
converter thefts:
• The department’s Crime Analyst and Property Crimes detectives created a
countywide working group on the issue with the District Attorney’s Office and
other law enforcement agencies within the county.
• Uniformed and non-uniformed officers have been deployed in areas where
catalytic converter thefts have been reported to deter additional thefts and
undertake proactive enforcement.
• The department’s Public Information Officer created social media campaigns to
educate the public about the risk of catalytic converter thefts and steps they can
take to protect their vehicles.
• Senior volunteers have passed out over 200 flyers to residents and visitors to
educate vehicle owners about how to protect their vehicles.
• Detectives partnered with A-1 Auto Care in the Village on Tyler Street and held
an event there Nov. 6, 2021. Motorists were able to have their vehicle’s
identification number engraved on their catalytic converters for free.
Approximately 50 community members took part in the free event.
This ordinance will provide the Carlsbad Police Department with an additional tool to protect
the public and deter this criminal activity. This ordinance will make the unlawful possession of a
detached catalytic converter prosecutable through the City Attorney’s office, even when there
Jan. 25, 2022 Item #3 Page 2 of 6
is no identified victim. Over time, staff believes that enforcement of this ordinance could help
to reduce the number of catalytic converter thefts within the City of Carlsbad.
Fiscal Analysis
Any increase in the number of criminal cases prosecuted by the Carlsbad City Attorney’s office
as a result of the ordinance is expected to be managed by currently budgeted city staff.
Next Steps
If the ordinance is approved by the City Council, the City Clerk’s office will prepare the
ordinance for adoption at the next regular City Council meeting. Once adopted, the City Clerk
will publish the ordinance or a summary of the ordinance in a newspaper of general circulation
within 15 days. The ordinance will be effective 30 days following its adoption.
Environmental Evaluation
This action does not constitute a “project” within the meaning of the California Environmental
Quality Act under Public Resources Code section 21065 in that it has no potential to cause
either a direct physical change in the environment, or a reasonably foreseeable indirect physical
change in the environment.
Public Notification
This item was noticed in keeping with the state's Ralph M. Brown Act and it was available for
public viewing and review at least 72 hours before the scheduled meeting date
Exhibits
1. City Council ordinance
Jan. 25, 2022 Item #3 Page 3 of 6
ORDINANCE NO. CS-413
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE TITLE 8, CHAPTER
8.28 BY ADDING SECTION 8.28.060-UNLAWFUL POSSESSION OF CATALYTIC
CONVERTERS
WHEREAS, the theft of catalytic converters· has been an increasing problem in the City of
Carlsbad in recent years; and
WHEREAS, catalytic converters contain expensive precious metals including platinum,
palladium, and rhodium, which currently costs over $11,000 per ounce; and
WHEREAS, in San Diego County, there were 393 reports of catalytic converter thefts in 2020
and as of December 2021, the number has increased 423 percent to 2,056 reports by victims; and
WHEREAS, the average cost of replacing a stolen catalytic converter and repairing the damage
to the v~hicle is generally over $2,000 to the victim; and
WHEREAS, individuals in possession of stolen catalytic converters often recycle them for
substantial profit while victims of these thefts suffer the consequences of paying thousands of dollars
in repairs, the inconvenience of repairing their vehicles, and feeling unsafe in the community; and
WHEREAS, catalytic converter thefts are on the rise because individuals are incentivized to
commit catalytic converter thefts for multiple reasons including, but not limited to: (1) the ease and
undetectable nature of committing the thefts in a matter of seconds using common tools such as a
reciprocating saw, (2) the ability to recycle catalytic converters at scrap metal yards for high dollar
returns, and (3) the challenges with prosecuting criminals for catalytic converter theft where a victim
cannot be identified; and
WHEREA$, finding the victim of these crimes is nearly impossible due to manner in which the
catalytic converter thefts occur and lack of identifying markers on catalytic converters to link a stolen . .
catalytic converter to the victim; arid
WHEREAS, the inability to identify the victims of catalytic converter thefts has stymied the
ability to successfully prosecute individuals for the thefts; and
WHEREAS, due to lack of legislation addressing these thefts, over 90 percent of all catalytic
converter theft cases in the City of Carlsbad are unresolved; and
WHEREAS, there is currently no city, state, or federal legislation applicable within the City of
Carlsbad requiring individuals to provide proof to law enforcement showing how they obtained
Jan. 25, 2022 Item #3 Page 4 of 6
detached catalytic converters, thus limiting law _enforcement's ability to protect the public by deterring
catalytic converter thefts; and
WHEREAS, this Ordinance is necessary to provide the City of Carlsbad Police Department a
means to protect the public, deter this criminal activity and promote a more productive use of City of
Carlsbad staff resources by staff responsible for investigating catalytic converter thefts
NOW, THERE_FORE, the City Council of the City of, Carlsbad, California, ordains as follows that:
1. The above recitations are true and correct.
2. Title 8, Chapter 8.28 of the Carlsbad Municipal Code is amended to add Section 8.28.060
as follows:
8.28.060 Unlawful possession of a catalytic converter.
A. It is unlawful for any person, other than a Core Recycler as defined in California Business
and Professions Code Section 21610, to possess any catalytic converter that is not attached to
a vehicle unless the person has valid proof of ownership of the catalytic converter.
B. This section does not apply to a detached catalytic converter that has been tested,
certified, and labeled or otherwise approved for reuse, and being bought or sold for purposes
of reuse in accordance with the federal Clean Air Act (42 U.S.C. §§ 7401 et seq.) and regulations
under the Clean Air Act, as they may, from time to time, be amended.
B. For purposes of this section, "valid proof of ownership" shall contain all the following
information:
1. The license plate number and vehicle identification number of the car from which the
catalytic converter was removed.
2. The name, address, and telephone number of the owner of the vehicle from which the
catalytic converter was removed.
3. The signature of the vehicle owner authorizing removal ofthe catalytic converter.
4. The name, address, and telephone number of the current owner of the catalytic
converter.
C. It is unlawful for any person to knowingly falsify or cause to be falsified any information
in a record intended to show valid proof of ownership.
D. Each violation of this section constitutes a separate violation and is subject to all
remedies and enforcement measures authorized by the Carlsbad Municipal Code.
E. Any person who violates any provision of this section shall be guilty of a misdemeanor
punishable by a fine not to exceed $1,000, imprisonment in the county jail for a term not
exceeding six months, or both.
Jan. 25, 2022 Item #3 Page 5 of 6
3. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this
Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each
section, subsection, subdivision, sentence, clause, phrase, or portion thereof irrespective of the fact
that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions
thereof be declared invalid or unconstitutional.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City
Clerk shall certify the adoption of this ordinance and cause the full text ofthe ordinance or a summary
of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general
circulation in the City of Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 25th
day of January 2022, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the_ day of ___ _, 2022, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
FAVIOLA MEDINA, City Clerk Services Manager
(SEAL)
Jan. 25, 2022 Item #3 Page 6 of 6