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HomeMy WebLinkAbout2022-02-08; City Council; 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 POSSESSIO...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