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HomeMy WebLinkAboutORD 531 2025 1203ORDINANCE NO. 531 AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, ESTABLISHING REQUIREMENTS GOVERNING THE POSSESSION OF CATALYTIC CONVERTERS AND ADDING CHAPTER 9.36 TO TITLE 9 OF THE MOORPARK MUNICIPAL CODE WHEREAS, the theft of catalytic converters has been an increasing problem in recent years. The external location of catalytic converters and the use of valuable precious metals, including rhodium, palladium and platinum, in catalytic converters makes 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; and WHEREAS, recent state legislation seems to have resulted in a decrease in the number of catalytic converter thefts. However, the state legislation does not provide local law enforcement with the mechanisms to make arrests in many cases. Indeed, law enforcement currently cannot seize a catalytic converter found to have been removed from a vehicle and in someone's possession unless a victim can be identified. Unfortunately, locating the victim without identifying information on the catalytic converter is often impossible; and WHEREAS, in accordance with the California Constitution, Article XI, Section 7, a city may make and enforce within its limits all local, police, sanitary and other ordinances and regulations not in conflict with general laws; and WHEREAS, to deter thefts of catalytic converters and to enhance the capability of law enforcement to arrest and prosecute those suspected of carrying out such crimes, this ordinance makes it unlawful for any person who is not a licensed core recycler to possess a catalytic converter that is not attached to a vehicle unless the person has a valid proof of ownership of the catalytic converter. This ordinance is necessary to provide the City a means to protect the public and deter this criminal activity. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council finds that the above recitals are true and correct and are a substantive part of this Ordinance. SECTION 2. Chapter 9.36 (Unlawful Possession of Catalytic Converters) is hereby added to Title 9 of the Moorpark Municipal Code to read as follows: Ordinance No. 531 Page 2 "Chapter 9.36 Unlawful Possession of Catalytic Converters. Section 9.36.010 Section 9.36.020 Section 9.36.030 Section 9.36.040 Definitions. Prohibition of Unlawful Possession of a Catalytic Converter. Valid Proof of Ownership. Violations and Enforcement. Section 9.36.010 Definitions. "Catalytic converter" means any exhaust emission control device, or portion thereof, that converts toxic gases and pollutants in exhaust gas from an internal combustion engine into less toxic pollutants. "Core recycler" means a person or business, including a recycler or junk dealer, that buys used individual catalytic converters, transmissions, or other parts previously removed from a vehicle. A person or business that buys a vehicle that may contain these parts is not a core recycler. Section 9.36.020 Prohibition of Unlawful Possession of a Catalytic Converter. A. It is unlawful for any person to possess any catalytic converter that is not attached to a vehicle unless the person has a valid proof of ownership of the catalytic converter. B. This Chapter does not apply to core recyclers complying with all the requirements of California Business and Professions Code section 21610, as may be amended. Section 9.36.030 Valid Proof of Ownership. Valid proof of ownership of a catalytic converter can be established as set forth below: A. By the current owner of the vehicle from which it is removed providing any of the following documentation: 1. Ownership documentation for the vehicle; 2. A valid receipt for a replacement catalytic converter; or 3. Proof of installation of the replacement catalytic converter. Ordinance No. 531 Page 3 B. By a party other than the current owner of the vehicle from which it is removed providing documentation containing all of the following: 1. The license plate number and vehicle identification number of the vehicle 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 the removal of the catalytic converter; and 4. The name, address and telephone number of the current owner of the catalytic converter. Section 9.36.040 Violations and Enforcement. Each violation of this Chapter constitutes a separate violation, including, but not limited to, each individual possession of multiple catalytic converters during a single contact by law enforcement, and is subject to all authorized remedies and enforcement measures. A violation of this Chapter shall constitute a misdemeanor punishable by a fine not to exceed $1,000.00, imprisonment in the county jail for a term not exceeding one year, or both. The remedies and penalties provided in this Chapter are not exclusive." SECTION 3. If any section, subsection, sentence, clause, phrase, part or portion of this ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 4. This ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 5. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said City; shall make a written record of the passage and adoption thereof in the minutes of the Ordinance No . 531 Page4 proceedings of the City Council at which the same is passed and adopted ; and shall publish notice of adoption in the manner required by law. PASSED AND ADOPTED this 3rd day of December, 2025 . Chris R. Enegren, Mayor ATTEST: KySpa~~ Ordinance No. 531 Page 5 STATE OF CALIFORNIA COUNTY OF VENTURA CITY OF MOORPARK ss . CERTIFICATION I, Ky Spangler, City Clerk of the City of Moorpark , California , do hereby certify under penalty of perjury that the forego ing Ordinance No . 531 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 3rd day of December , 2025 and that the same was adopted by the following vote: AYES : NOES: ABSENT: ABSTAIN: Councilmembers Barrett , Castro , Delgado , Means , and Mayor Enegren None None None WITNESS my hand and the official seal of said City this 4th day of December , 2025. fo ~ KySpi31er 21= City Clerk (seal)