Ordinance 23-24ORDINANCE NO. 23-24
AN ORDINANCE OF THE CITY OF EASTVALE, ADDING CHAPTER 10.56 TO
TITLE 10 OF THE EASTVALE MUNICIPAL CODE ESTABLISHING
REGULATIONS PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC
CONVERTERS IN THE CITY AND FINDING THAT THIS ORDINANCE IS
EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
WHEREAS, the citizens of Eastvale have experienced catalytic converter thefts from
automobiles over the past several years; and
WHEREAS, there is currently no City, State, or Federal legislation applicable within the
City of Eastvale 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 Eastvale requiring individuals to provide proof to law enforcement as to how they
obtained catalytic converters, thus limiting law enforcement's ability to (1) protect the public by
preventing catalytic converter thefts and (2) seize suspected stolen catalytic converters when
no victim is 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 such thefts, potentially in a matter of seconds and
through the use of common tools such as a reciprocatingsaw;
(2) the ability to recycle catalytic converters at scrap metal yards for high dollar returns ranging
from $200 to $1,200 per catalytic converter; (3) loopholes in legislation protecting criminals
from prosecution unless a victim can be identified; and (4) the increase in the value of precious
metals; and
WHEREAS, preventing these crimes at present is nearly impossible due to the ease and
speed with which catalytic converter thefts can be committed and the difficulty of tracing a
particular catalytic converter back to its prior owner (the victim), because catalytic converters
typically have no identifying markers; and
WHEREAS, the citizens of Eastvale and the Riverside County Sheriff's Department are in
need of legislation criminalizing mere possession of catalytic converters absent proof of ownership
or lawful possession, for multiple reasons including, but not limited to:
(1) achieving deterrence by establishing zero -tolerance for catalytic converter thefts; (2)
establishing 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 converter theft cases that have gone or will go
unsolved for the reasons discussed above; and (5) minimizing the fiscal and personnel impact
on the City of Eastvale and the Riverside County Sheriff's Department by reducing the time
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 in the form
of costly repairs, inconvenience, and feelings of a lack of safety in the community; and
WHEREAS, this Ordinance is necessary to provide the City of Eastvale and the Eastvale
Police Department clear legal authority to better protect the public and deter this criminal
activity.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTVALE DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and correct and incorporated herein. SECTION 2.
Chapter 10.56 (Unlawful Possession of a Catalytic Converter
Prohibited) is hereby added to Title 10 of the Eastvale Municipal Code to read its
entirety as follows:
Chapter 10.56 UNLAWFUL POSSESSION OF A CATALYTIC CONVERTER PROHIBITED
Sections:
10.56.010 Unlawful possession of a catalytic converter prohibited.
Except as otherwise provided in this chapter, it is unlawful for any person, other than a
common carrier or a Core Recycler as defined in California Business and Professions Code
Section 21610, to possess any used catalytic converter that is not attached to a vehicle, unless
the possessor has valid documentation or other proof to verify that he or she is in lawful
possession of the catalytic converter.
10.56.20 Definitions.
A. For purposes of this section, "lawful possession" includes (1) being the lawful owner
of the catalytic converter, or (2) being 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."
B. For purposes of this section, "documentation or other proof' means written
documentation that clearly identifies the vehicle from which the catalytic converter was
removed, and includes, without limitation, the following types of documents:
1. Bill of sale from the previous owner with photographs.
2. Documentation from an automobile repair shop proving that the owner relinquished
the catalytic converter to the shop.
3. Electronic communication from the previous owner to the possessor relinquishing
ownership of the catalytic converter, together with photographs.
10.56.30. Violations.
1. Every violation of Section 10.56.010 is unlawful and a misdemeanor subject to
punishment in accordance with Section 1.01.220 of this Code and constitutes a
separate violation of this chapter.
2 The punishments 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 not subject to review under the California Environmental
Quality Act ("CEQA") pursuant to State CEClA 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)).
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. Certification. The City Clerk is directed to certify the passage and adoption of
this Ordinance; cause it to be entered into the City of Eastvale' book of original ordinances;
make a note of the passage and adoption in the records of this meeting; and, within fifteen (15)
days after the passage and adoption of this Ordinance, cause it to be published or posted in
accordance with California law.
SECTION 6. Effective Date. This Ordinance will take effect on the 30th day following its
final passage and adoption.
PASSED, APPROVED AND ORDAINED this 26th day of April' 2023.
APPROVED AS TO FORM:
L w-*
Erica Vega
City Attorney
; �e4�w
Todd Rigby
Mayor
ATTEST:
Marc A. Donohue, MMC
City Clerk/Communications Director
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) §
CITY OF EASTVALE 1
I, Marc A. Donohue, City Clerk/Communications Director of the City of Eastvale, California, do hereby
certify that the foregoing Ordinance No. 23-24, was introduced at a regular meeting of the City Council
of the City of Eastvale held on the 12th day of April' 2023, and was passed by the City Council of the City
of Eastvale at a regular meeting held on the 261h day of April, 2023, by the following vote:
AYES: Councilmembers Lorimore, McMinn, Yow, Mayor Pro Tern Dinco, and Mayor Rigby
NOES:
ABSENT:
ABSTAIN:
M&
Marc A. Donohue, MMC
City Clerk/Communications Director