O-07-25 - Adding Chapter 9.25 to Title 9 of the Colton Municipal Code to Prohibit the Unlawful Possession of Catalytic Converters, Establishing Penalties for Violations, and Making Findings Under CEQA

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I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 into or manipulating a vehicle with intent to commit malicious mischief or other crimes, both classified as misdemeanors; and WHEREAS, California Vehicle Code § 10753 establishes misdemeanor penalties for removing, altering, or obfuscating vehicle identification numbers or unique markings on catalytic converters, and Vehicle Code § 24020 (effective January 1, 2025) prohibits the sale of vehicles without a catalytic converter permanently marked with the vehicle identification number (VIN); and WHEREAS, California Vehicle Code § 11500 and § 220 as amended by Assembly Bill 641 (Stats. 2023), define an "automobile dismantler" to include persons possessing nine or more used catalytic converters cut from vehicles, with violations punishable as infractions or misdemeanors; and WHEREAS, despite these state laws, there is no state or federal legislation requiring individuals in possession of detached catalytic converters to provide proof of lawful possession to law enforcement, limiting the ability of the Colton Police Department to seize suspected stolen catalytic converters or prosecute offenders absent an identifiable victim; and WHEREAS, the absence of such legislation creates a loophole that emboldens thieves, who can profit from selling stolen catalytic converters to unscrupulous buyers or transport them out of state for legal transactions, thereby undermining public safety and economic stability in Colton; and WHEREAS, pursuant to Article XI, Section 7 of the California Constitution, the City of Colton has the authority to enact and enforce local ordinances to protect public health, safety, and welfare, provided they do not conflict with general state laws; and WHEREAS, this ordinance complements existing state laws by addressing the gap in regulating possession of detached catalytic converters, neither contradicting nor duplicating California Vehicle Code §§ 10852, 10852.5, 10853, 10753, 11500, 220, or 24020 or Business and Professions Code § 21610; and WHEREAS, the City Council finds that prohibiting the unlawful possession of catalytic converters will: (1) deter catalytic converter thefts by establishing a zero -tolerance policy; (2) impose sanctions for possessing stolen catalytic converters; (3) prevent criminals from profiting from the sale or recycling of stolen converters; (4) provide indirect justice to victims whose cases remain unsolved; (5) reduce Part I crime statistics impacted by catalytic converter thefts; and (6) minimize the fiscal and personnel burden on the City of Colton for investigating and deterring these crimes; and WHEREAS, this ordinance is necessary to provide the Colton Police Department with clear legal authority to protect the public, deter catalytic converter theft, and enhance community safety and welfare; and