HomeMy Public PortalAboutOrdinance 1165ORDINANCE NO. 1165
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BEAUMONT, CALIFORNIA, ADDING SECTION 9.42 —
UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS OF
THE BEAUMONT MUNICIPAL CODE ESTABLISHING
REGULATIONS PROHIBITING THE UNLAWFUL POSSESSION
OF CATALYTIC CONVERTERS IN THE CITY
WHEREAS, the citizens of the City of Beaumont have been plagued with a significant
increase of catalytic converter thefts from automobiles over the past several years; and
WHEREAS, catalytic converter thefts increased 1,215% from 2019 and 2022, nationwide;
and
WHEREAS, there is currently no City, State, or Federal legislation applicable within the
City of Beaumont to define and punish catalytic converter thefts absent an identifiable victim; and
WHEREAS, there is currently no City, State, or Federal legislation applicable within the
City of Beaumont to prosecute the recycling or sale of unlawfully obtained catalytic converters,
thus incentivizing criminal enterprise of catalytic converter thefts without a known victim; and
WHEREAS, there are currently no City, State, or Federal legislation applicable within the
City of Beaumont requiring individuals to provide proof to law enforcement as to how they
obtained catalytic converters, thus limiting law enforcement's ability to protect the public by
preventing catalytic converter thefts and preventing law enforcement from seizing suspected stolen
catalytic converters when no victim present; 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 ranging from $200 to $1,200 per catalytic converter, and (3) loopholes in legislation
protecting criminals from prosecution unless a victim can be identified; and
WHEREAS, finding a suspect of these crimes is nearly impossible due to the undetectable
nature of the catalytic converter thefts and catalytic converters being untraceable to link back to a
victim (no identifying markers on the catalytic converters); and
WHEREAS, due to lack of legislation defining and prosecuting these thefts, many of the
catalytic converter theft cases in the City of Beaumont have gone unsolved, which is fundamentally
unacceptable for the citizens of the City of Beaumont; and
WHEREAS, the citizens of Beaumont and the Beaumont Police Department are in need
of legislation for multiple reasons including, but not limited to: (1) deterrence by establishing zero -
tolerance for catalytic converter thefts, (2) sanctions for possessing stolen catalytic converters, (3)
preventing criminals from profiting from the sale and recycling of stolen catalytic converters, (4)
providing indirect justice to the victims of catalytic converters whose cases will go unsolved, (5)
reducing Part I crime statistics which have been substantially negatively impacted by catalytic
converter thefts, and (6) minimizing the fiscal and personnel impact on the City of Beaumont
invested in deterring and investigating catalytic converter thefts; and
WHEREAS, individuals who are in possession of stolen catalytic converters recycle them
for substantial profit while victims of these thefts suffer tremendous consequences of paying
thousands of dollars in repairs, the inconvenience of repairing their vehicles, and feeling unsafe in
the community; and
WHEREAS, this Ordinance is necessary to provide the City of Beaumont Police
Department clearly established legal authority to protect the public and deter this criminal activity.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and correct and incorporated herein.
SECTION 2. Section 9.42 of the Beaumont Municipal Code is hereby added to read in its
entirety as follows:
Section 9.42
UNLAWFUL POSSESSION OF A CATALYTIC CONVERTER
Sec. 9.42 - 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 verifying they are in
lawful possession of the catalytic converter.
B. It shall be unlawful for any person to falsify or cause to be falsified any information
in any documentation intended to show valid proof of ownership or possession of a
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 the catalytic converter was stolen
to establish 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 sale
from the original owner with photographs of the original vehicle from which the
catalytic converter was removed along with the name, address, telephone number and
signature of the original vehicle owner authorizing removal of the catalytic convertor;
documentation from an auto -body shop proving the original vehicle owner from
which the catalytic converter was removed relinquished the catalytic converter to the
auto -body shop; verifiable electronic communication from the previous owner to the
possessor relinquishing ownership of the catalytic converter; photographs of the
vehicle from which the catalytic converter was removed clearly showing the vehicle's
complete license plate number and complete vehicle identification number (VIN)
with the catalytic converter containing the identical etched license plate number or
vehicle identification number. The validity of "documentation or other proof' is
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 all remedies and enforcement measures authorized by the Beaumont
Municipal Code. Each and every catalytic converter unlawfully possessed is a
separate violation of this section.
E. Each and every violation of this section shall constitute a misdemeanor and upon
conviction shall be subject to a fine not to exceed $1,000 or imprisonment in the
county jail for a period of not more than six months as set forth in Section 1.16.020
of this Code, or by both such fine and imprisonment.
F. The remedies provided herein are not to be construed as exclusive remedies. The City
is authorized to pursue any proceedings or remedies provided by law.
SECTION 3. 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 the State CEQA Guidelines.
SECTION 4. 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
the 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.
SECTION 5. The Mayor shall sign and the City Clerk shall certify to the passage of this
Ordinance and cause the same or a summary thereof to be published within 15 days after adoption
in accordance with Government Code Section 36933. This Ordinance shall take effect 30 days
after adoption in accordance with Government Code Section 36937.
INTRODUCED AND READ for the first time and ordered posted at a regular meeting of the
City Council of the City of Beaumont, California, held on the 17th day of October 2023, by the
following roll call vote:
AYES: White, Voigt, Lara, Fenn, Martinez
NOES
ABSENT:
ABSTAIN
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of
Beaumont, California, held on the 7th day of November 2023, by the following roll call vote:
AYES: whit& , doigt, Law, Ftnrt, MAV iAM
NOES
ABSENT:
ATTEST:
Nicole Wheelwright, De _ . City Clerk
APPROVED AS TO FORM:
JWn Pinkney, C' Attorney