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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1 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 A. Each and every violation of this chapter shall constitute a separate violation. Each and every catalytic converter unlawfully possessed is a separate violation of this chapter. B. Any person who violates any provision of this chapter shall be guilty of a misdemeanor, punishable by a fine not exceeding one thousand dollars ($1,000), imprisonment in the county jail for a period not exceeding six months, or both such fine and imprisonment. C. In addition to criminal penalties, violations of this chapter may result in administrative citations and civil fines as governed by the administrative procedures for imposition, enforcement, collection, and review set forth in Colton Municipal Code Chapter 8.12 (Administrative Fines and Penalties). D. The remedies and enforcement measures provided herein are not exclusive. The City is authorized to pursue any proceedings or remedies provided by law, including but not limited to injunctive relief, civil penalties, and seizure of unlawfully possessed catalytic converters. 9.25.050 — Business License Suspension or Revocation. A. Any business license issued under Colton Municipal Code Title 5 (Business Licenses and Regulations) may be suspended or revoked by the Director upon sufficient evidence, in the Director's sole discretion, that the licensee, or any person hired, retained, controlled, or employed by the licensee, has violated any provision of this chapter or any state law related to the purchase, sale, or possession of catalytic converters, including but not limited to California Vehicle Code Sections 10852.5 and 10753. B. For a first violation, the remedy shall be a suspension of the business license for a period not to exceed ninety (90) days. C. For a second violation, the remedy shall be a suspension of the business license for a period not to exceed one hundred eighty (180) days. D. For a third or subsequent violation, the remedy shall be permanent revocation of the business license. E. Any person who continues to engage in any activity for which a business license is required while such license is suspended or revoked under this section shall be guilty of a misdemeanor, punishable by a fine not exceeding one thousand dollars ($1,000), imprisonment in the county jail for a period not exceeding six months, or both such fine and imprisonment. Each day of such activity constitutes a separate violation. F. The Director shall issue a written order to the licensee, notifying them of the suspension or revocation and directing them to immediately cease activity under the license. The order shall also notify the licensee that they have seven (7) business days from the date of the order to request a hearing to determine whether the license shall be suspended or revoked. Failure to request a hearing in writing within this period shall result in the suspension or revocation taking effect.