HomeMy WebLinkAbout1013 - Ordinances ORDINANCE NO. 1013
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ADDING CHAPTER 9.36 OF THE
RANCHO CUCAMONGA MUNICIPAL CODE TO PROHIBIT THE
POSSESSION OF A CATALYTIC CONVERTER WITHOUT LEGAL
AUTHORITY
A. RECITALS
1. WHEREAS, the City Council finds that residents of Rancho Cucamonga have experienced an
increase in catalytic converter thefts from their automobiles over the past several years; and
2. WHEREAS, catalytic converter theft causes significant financial damage to the victims; and
3. WHEREAS, no City, State, or Federal legislation effectively deters unlawful possession of a
catalytic converter, limiting criminal enforcement remedies; and
4. WHEREAS, catalytic converter thefts are on the rise because: (a)detection is difficult, and
such theft can be easily accomplished, often in a matter of seconds, through the use of
common tools such as a reciprocating saw; (b) catalytic converters can be quickly sold for
recycling to scrap metal yards, usually for$200 to $1,200 each; and
5. WHEREAS, persons stealing catalytic converters recycle them for substantial profit, while the
victims suffer significant consequences in the form of costly repairs and inconvenience.
6. WHEREAS, this Ordinance is necessary to provide the City of Rancho Cucamonga with legal
authority to prosecute a person unlawfully possessing a catalytic converter, in order to better
protect the public and deter this criminal activity.
B. ORDINANCE
The City Council of the City of Rancho Cucamonga does ordain as follows:
Section 1. The above recitals are true and correct and incorporated herein.
Section 2. Chapter 9.36 (Unlawful Possession of a Catalytic Converter Prohibited) of Title 9
(Public Peace Morals and Welfare)of the Rancho Cucamonga Municipal Code is hereby added to read as
follows:
Chapter 9.36 Unlawful Possession of a Catalytic Converter Prohibited
9.36.010— Unlawful Possession of a Catalytic Converter
a. It is unlawful for any person to possess any catalytic converter that is not properly attached to
the exhaust system of a vehicle unless the person has in their possession or under their control
valid documentation or other valid proof of ownership of the catalytic converter.
Ordinance No. 1013 — Page 1 of 3
b. It is unlawful for any person to knowingly falsify or cause to be falsified any information in a
record intended to show valid proof of ownership of a catalytic converter.
9.36.020—Valid Proof of Ownership
a. For purposes of this section, valid proof of ownership means:
a. A document containing all of the following information:
i. The license plate numberand vehicle identification number of the car from which
the catalytic converter was removed;
ii. The name, address, and telephone number of the owner of the vehicle from
which the catalytic converter was removed;
iii. The signature of the vehicle owner authorizing removal of the catalytic converter;
and
iv. The name, address, and telephone number of the current owner of the catalytic
converter.
b. In the event the catalytic converter is in the possession of the current owner of the
vehicle from which it was removed, valid proof of ownership means:
i. Ownership documentation for the vehicle;
ii. A valid receipt for a replacement catalytic converter; and
iii. Proof of installation of the replacement catalytic converter.
9.36.030—Violations and Enforcement
a. Each violation of this Chapter constitutes a separate violation and is subject to all remedies and
enforcement measures authorized by this Code. Any person who violates any provision of this
Chapter shall be guilty of a misdemeanor punishable by a fine not to exceed $1,000,
imprisonment for a term not exceeding six months, or both a fine and imprisonment.
b. 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 3. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this
Ordinance or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any
court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining
portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed
each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the
fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases
be declared unconstitutional, invalid, or ineffective.
Section 4. The City Clerk shall certify to the adoption of this Ordinance and shall cause the
same to be published in the manner prescribed by law.
Ordinance No. 1013— Page 2 of 3
PASSED, APPROVED, AND ADOPTED this 14'" day of December, 2022.
L. ennis ichael, I ayor
ATTEST:
P. eeEds
ice C. Reynolds,Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RANCHO CUCAMONGA )
I, JANICE C. REYNOLDS, City Clerk of the City of Rancho Cucamonga, California, do hereby certify that
the foregoing Ordinance was introduced at a Regular Meeting of the City Council of the City of Rancho
Cucamonga held on the 7" day of December 2022, and was passed at an Adjourned Regular Meeting of
the City Council of the City of Rancho Cucamonga held on the W day of December 2022.
AYES: Hutchison, Michael, Scott and Stickler
NOES: None
ABSENT: Kennedy
ABSTAINED: None
Executed this 15" day of December 2022, at Rancho Cucamonga, California.
nice C. Reynolds, CI rk
Ordinance No. 1013— Page 3 of 3