Ordinance Number 1103 1 O 1103
ORDINANCE NO. 1103
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADDING CHAPTER 32 “UNLAWFUL POSSESSION OF
A CATALYTIC CONVERTER” TO TITLE 5 OF THE SAN JUAN
CAPISTRANO MUNICIPAL CODE ESTABLISHING REGULATIONS
PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC
CONVERTERS IN THE CITY
WHEREAS, the City of San Juan Capistrano, California (“City”) is a
municipal corporation, duly organized under the constitution and laws of the
State of California; and
WHEREAS, the citizens of San Juan Capistrano have been impacted by
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 San Juan Capistrano 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 San Juan Capistrano to define and punish the
recycling or sale of unlawfully obtained catalytic converters, thus incentivizing
criminal enterprise of catalytic converter thefts; and
WHEREAS, there are currently no City, State, or Federal legislation
applicable within the City of San Juan Capistrano 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 victim 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
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WHEREAS, the citizens of San Juan Capistrano and San Juan Capistrano
Police Services 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 Orange County Sheriff’s Department 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 Orange County
Sheriff’s Department – San Juan Capistrano Police Services Division clearly
established legal authority to protect the public and deter this criminal activity.
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings. The City Council hereby finds and determines
that the above recitals are true and correct and incorporated herein by this
reference.
SECTION 2. CEQA. The City Council finds that this Ordinance is exempt
from the California Environmental Quality Act ("CEQA") pursuant to Section
15378(b)(5) in that it is not a “project” under CEQA, and will not result in direct or
indirect physical changes in the environment.
SECTION 3. Amendment. The City Council hereby adds Chapter 32
“Unlawful Possession of a Catalytic Converter” to Title 5 “Public Welfare” of the
San Juan Capistrano Municipal Code to read as follows:
“Sec. 5-32.01. – 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 to verify they are in lawful possession
of the 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
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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 original
owner with photographs, documentation from an auto-body shop
proving the owner 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 originated, vehicle registration associated with the
catalytic converter containing an etched associated 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 San Juan Capistrano
Municipal Code. Each and every catalytic converter unlawfully
possessed is a separate violation of this section.
(e) Each and every violation of this section is a misdemeanor
punishable by imprisonment in the County Jail not exceeding
twelve (12) months, or by fine of one thousand dollars ($1,000.00),
or by both.
(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 4. Findings. The City Council’s actions are made upon review
of the Staff Report, all oral and written comments, and all documentary evidence
presented on the Ordinance. The documents and materials that constitute the
record of proceedings on which this Ordinance and the above findings have been
based are located at San Juan Capistrano City Hall, City Clerk Department.
SECTION 5. Severability. If any section, subsection, subdivision,
sentence, clause, phrase, or portion of this Ordinance for any reason is 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
this 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,
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subsections, subdivisions, sentences, clauses, phrases, or portions thereof be
declared invalid or unconstitutional.
SECTION 6. Effective Date. This Ordinance shall take effect and be in
force thirty (30) days after its passage.
SECTION 7. Publication. The City Clerk shall certify to the adoption of
this Ordinance and shall post or publish this Ordinance as required by law.
APPROVED AND ADOPTED at a regular meeting of the City Council of
the City of San Juan Capistrano this 19th day of July 2022.
________________________________
DEREK REEVE, MAYOR
ATTEST:
_____________________________
MARIA MORRIS, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing is a true and correct copy of Ordinance No. 1103 which
was regularly introduced and placed upon its first reading at the Regular Meeting
of the City Council on the 21th day of June 2022 and that thereafter, said
Ordinance was duly adopted and passed at the Regular Meeting of the City
Council on the 19th day of July 2022 by the following vote, to wit:
AYES: COUNCIL MEMBERS: Bourne, Farias, Taylor, Hart, and Mayor Reeve
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
_____________________________________
MARIA MORRIS, CITY CLERK
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, declare as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan
Capistrano; That in compliance with State laws, Government Code section
36933(1) of the State of California, on the 23rd day of June 2022, at least 5 days
prior to the adoption of the ordinance, I caused to be posted a certified copy of the
proposed ordinance entitled:
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADDING CHAPTER 32 “UNLAWFUL POSSESSION OF
A CATALYTIC CONVERTER” TO TITLE 5 OF THE SAN JUAN
CAPISTRANO MUNICIPAL CODE ESTABLISHING REGULATIONS
PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC
CONVERTERS IN THE CITY
This document was posted in the Office of the City Clerk
________________________________
MARIA MORRIS, CITY CLERK
San Juan Capistrano, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, declare as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan
Capistrano; that in compliance with State laws, Government Code section
36933(1) of the State of California.
On the 21st day of July 2022, I caused to be posted a certified copy of Ordinance
No. 1103, adopted by the City Council on July 19, 2022, entitled:
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADDING CHAPTER 32 “UNLAWFUL POSSESSION OF
A CATALYTIC CONVERTER” TO TITLE 5 OF THE SAN JUAN
CAPISTRANO MUNICIPAL CODE ESTABLISHING REGULATIONS
PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC
CONVERTERS IN THE CITY
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This document was posted in the Office of the City Clerk
________________________________
MARIA MORRIS, CITY CLERK
San Juan Capistrano, California