HomeMy WebLinkAbout2022-02-08; City Council; ; Adoption of Ordinance No. CS-413 – Ordinance Prohibiting the Unlawful Possession of Catalytic Converters in the City of CarlsbadMeeting Date:Feb. 8, 2022
To:Mayor and City Council
From:Scott Chadwick, City Manager
Staff Contact:Faviola Medina, City Clerk Services Manager
faviola.medina@carlsbadca.gov, 760-434-5989
Subject:Adoption of Ordinance No. CS-413 –Ordinance Prohibiting the Unlawful
Possession of Catalytic Converters in the City of Carlsbad
Districts:All
Recommended Action
Adopt Ordinance No. CS-413 amending Carlsbad Municipal Code Title 8, Chapter 8.28 by adding
Section 8.28.060 – Unlawful Possession of Catalytic Converters.
Executive Summary/Discussion
Ordinance No. CS-413 was introduced and first read at the City Council meeting held on Jan. 25,
2022. On a motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, the
City Council voted 5-0 to introduce Ordinance No. CS-413. The second reading allows the City
Council to adopt the ordinance, which will become effective 30 days after its adoption.
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
The City Clerk’s Office will have the ordinance, or a summary of the ordinance, published in a
newspaper of general circulation within 15 days following adoption of the ordinance.
Environmental Evaluation
This action does not constitute a “project” within the meaning of the California Environmental
Quality Act under California 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 Ralph M. Brown Act and it was available for public
viewing and review at least 72 hours before the scheduled meeting date.
Exhibits
1.Ordinance No. CS-413
Feb. 8, 2022 Item #4 Page 1 of 4
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
Exhibit 1
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 vehicle 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
WHEREAS, 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; and
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 individua.ls to provide proof to law enforcement showing how they obtained
. .
Feb. 8, 2022 Item #4 Page 2 of 4
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, THEREFORE, 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 of the 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.
Feb. 8, 2022 Item #4 Page 3 of 4