Agenda Item Wording:
title
First reading of the Ordinance 2023-03 new Visalia Municipal Code Section 9.24.060 to be added to the City of Visalia Municipal Code establishing regulations prohibiting the unlawful possession of a catalytic converter in the City of Visalia.
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Deadline for Action: 3/20/2023
Submitting Department: Police Department
Contact Name and Phone Number: Chief Jason Salazar, 559-713-4215, jason.salazar@visalia.city <mailto:jason.salazar@visalia.city> ; Captain Andrew Swarthout, 559-713-4035, andrew.swarthout@visalia.city <mailto:andrew.swarthout@visalia.city> ; Lieutenant Mike Verissimo, 559-713-4154, mike.verissimo@visalia.city <mailto:mike.verissimo@visalia.city> ; Sergeant Clay Moffett, 559-713-4240, clay.moffett@visalia.city <mailto:clay.moffett@visalia.city> ; Jim Koontz, City Attorney, 559-372-2400, jkoontz@prlawcorp.com <mailto:jkoontz@prlawcorp.com>
Department Recommendation:
It is recommended that the City Council approve Ordinance 9.24.060 to be added to the City of Visalia Municipal Code establishing regulations prohibiting the unlawful possession of a catalytic converter in the City of Visalia.
Summary:
In the City of Visalia and throughout the nation, the theft of catalytic converters has risen dramatically. The following table depicts the increase in catalytic converter thefts reported to the Visalia Police Department over the past five years.
|
Number of Catalytic Converter Thefts |
|
Year |
2017 |
2018 |
2019 |
2020 |
2021 |
2022 |
|
Totals |
1 |
2 |
39 |
21 |
288 |
326 |
One of the factors contributing to the rise in catalytic converter thefts is the increase in the value of precious metals. Catalytic converters contain metals such as platinum, palladium, and rhodium, which makes catalytic converters an attractive target for criminal offenders. Furthermore, a catalytic converter is easily removed from a vehicle with the use of a reciprocating saw, which is a tool easily operated by criminal offenders. Once the catalytic converter is removed, offenders transport the converter to a scrap metal dealer and sell it for cash (ranging from $200-$1,200 per catalytic converter). The scrap metal dealer then extracts the precious metals to sell.
This proposed ordinance endeavors to provide the Visalia Police Department with clearly established legal authority to protect the public and deter this criminal activity by issuing fines and imprisonment to violators. Violators would be those that possess any catalytic converter(s) that are not attached to a vehicle, unless the Possessor has valid “Documentation or Other Reliable Proof” to verify that they are in lawful possession of the catalytic converter(s).
Background Discussion:
Catalytic converter thefts are challenging for law enforcement agencies to investigate due to the lack of serial numbers or other identifying markers on or within each unit. Currently, under California law, a police officer who encounters an individual in possession of a catalytic converter must locate the rightful owner before making an arrest for theft or possession of stolen property, which is difficult or impossible to accomplish without an identifying serial number. If the officer is unable to locate the rightful owner, which is often the case, the person in possession of the catalytic converter may be released, absent additional evidence of criminal activity.
There is currently no City, State, or Federal legislation to define and punish catalytic converter thefts without an identifiable victim, which is a challenge for law enforcement in addressing catalytic converter thefts. Attempts to pass legislation at the State level intended to curb the theft of catalytic converters has failed in the last couple of years. It is anticipated that several bills will be introduced at the State legislature in this coming year in another attempt to provide some relief to the significant increases in this type of crime that proves to be costly to the victims. The average cost of replacing a stolen catalytic converter and repairing the resulting damage can easily exceed $2,000 for the victim in addition to potentially leaving them without an operable vehicle for a period of time.
Due to these challenges, the citizens of Visalia and the Visalia Police Department seek this ordinance for multiple reasons including, but not limited to:
1. Deterrence by establishing a zero-tolerance for catalytic converter thefts.
2. Sanctions for possessing stolen catalytic converters in the form of a misdemeanor violation of the City Ordinance resulting in potential imprisonment or fines.
3. Preventing offenders from profiting from the sale and recycling of stolen catalytic converters.
4. Providing indirect justice to the victims of catalytic converter thefts.
5. Reducing Part One crimes, which have been negatively impacted by catalytic converter thefts.
6. Minimizing the fiscal impact on the City of Visalia related to personnel time which is devoted to deterring and investigating catalytic converter thefts.
The Visalia Police Department researched California municipalities that have drafted a catalytic converter city ordinance. The City of Huntington Beach adopted a similar ordinance in April of 2022 and the City of Irvine adopted their ordinance in October of 2021. At this time, neither agency had statistics to provide; however, both made claims of a decrease in overall catalytic converter thefts. Just this last month, the City of Fresno adopted a similar ordinance in their efforts to deter catalytic converter theft.
Over time, the Department expects that the impact of this ordinance should reduce the number of catalytic converter thefts within the City of Visalia.
Fiscal Impact:
Enforcement of the proposed ordinance will be done by existing staff and will have no fiscal impact related to staffing.
Prior Council Action: N/A
Other: N/A
Alternatives: N/A
Recommended Motion (and Alternative Motions if expected):
recommendation
Approve Ordinance 2023-XX new Visalia Municipal Code Section 9.24.060 to be added to the City of Visalia Municipal Code establishing regulations prohibiting the unlawful possession of a catalytic converter in the City of Visalia.
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Environmental Assessment Status: The requested action is considered exempt under Section 15061(b)(3) Per section 15061 (b) (3) of the State Guidelines for the California Environmental Quality Act (CEQA). A Notice of Exemption has been prepared for the project because Section 15061 (b) (3) states that the project is exempted from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The proposed ordinance will establish regulations prohibiting the unlawful possession of catalytic converters to protect the public and deter this criminal activity.
CEQA Review: The requested action is considered exempt under Section 15061(b)(3) Per section 15061 (b) (3) of the State Guidelines for the California Environmental Quality Act (CEQA). A Notice of Exemption (NOE No. 2023-01) has been prepared for the project and is attached to the staff report.
Attachments: Proposed Ordinance 2023-03, Notice of Exemption (NOE No. 2023-01)