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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 2 O 1103 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 3 O 1103 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, 4 O 1103 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 5 O 1103 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 6 O 1103 This document was posted in the Office of the City Clerk ________________________________ MARIA MORRIS, CITY CLERK San Juan Capistrano, California