HomeMy WebLinkAboutOrdinance No. 4251 Adding Chapter 10.53 to Title 10 (Vehicle (2) v/s A7W-1WD FM
Inr1>eaw�n�ti' � -c
2000 Main Street,
Huntington Beach,CA
City of Huntington Beach r?FPRD✓tb Fc1-
14XPD40A/ 3 -0
File #: 22-311 MEETING DATE: 4/19/2022
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Sean Joyce, Interim City Manager
VIA: Travis K. Hopkins, Assistant City Manager
PREPARED BY: Catherine Jun, Assistant to the City Manager
Subject:
Adopt Ordinance No. 4251 adding Chapter 10.53 to Title 10 (Vehicles and Traffic) of the
Huntington Beach Municipal Code, prohibiting the unlawful possession of catalytic
converters in the City - Approved for introduction April 5. 2022, Vote: 7-0
Statement of Issue:
City Council approved Ordinance No. 4251 for introduction on April 5, 2022 by a vote of 7-0 and is
requested to consider its adoption for implementation.
Financial Impact:
Not applicable.
Recommended Action:
Adopt Ordinance No. 4251 , "An Ordinance of the City Council of the City of Huntington Beach Adding
a New Chapter 10.53 to Title 10 of the Huntington Beach Municipal Code. Prohibiting the Unlawful
Possession of Catalytic Converters in the City, and Making a Finding of Exemption Under CEQA."
Alternative Action(s):
Do not approve the recommended action, and direct staff accordingly.
Analysis:
The State of California leads the nation in catalytic converter thefts, which have increased in recent
years. According to a report by State Farm Insurance, more than 3 out of 10 claims for catalytic
converter thefts are filed in California, and thefts have risen nationally by 293% in Fiscal Year 2020-
21 .
Catalytic converters are located underneath a vehicle and reduce the amount of pollutants released
from the exhaust system. However, the precious metals inside this auto part (i.e. platinum, palladium
or rhodium) make them a valuable commodity on the black market. Individuals are further
incentivized to steal catalytic converters due to the ease and speed with which they can be removed
City of Huntington Beach Page 1 of 3 Printed on 4/142022
DCHe,�L Leo star"'
File #: 22-311 MEETING DATE: 4/19/2022
with common tools like a reciprocating saw and the ability to recycle them at scrap metal yards for
high dollar returns. Lastly, the lack of identifying information on catalytic converters make it nearly
impossible to locate victims and prosecute criminals. As such, a majority of thefts remain unresolved.
These thefts create financial and logistical burdens for community members. The average cost of
replacing a stolen catalytic converter and repairing residual damage to the vehicle is roughly $2,000.
In an effort to prevent thefts, the Huntington Beach Police Department has hosted several events to
etch identification numbers onto catalytic converters to make them traceable or less attractive on the
black market. HBPD has also paired this program with regular outreach and education about parking
vehicles in well-lit areas and installing protective cages. HBPD has committed to continuing these
efforts and widely publicizing them to the community throughout the year.
However, it remains difficult to halt the transportation, sale and distribution of catalytic converters
within the City's existing laws. Police officers who spot an individual in possession of an unattached
catalytic converter are unable to ask for proof of ownership or the legitimate means of obtaining the
converter, which limits law enforcement's ability to deter thefts. To better equip officers, Ordinance
No. 4251 would establish that it is unlawful for any individual other than a Core Recycler of catalytic
converters to possess an unattached catalytic converter without all of the valid proofs of ownership
below:
1 . The license plate number and vehicle identification number of the car from which the
catalytic converter was removed.
2. The name, address, and telephone number of the owner of the vehicle from which the
catalytic converter was removed.
3. The signature of the vehicle owner authorizing removal of the catalytic converter.
4. The name, address, and telephone number of the current owner of the catalytic
converter.
Each violation of this section may be prosecuted as a misdemeanor, subject to a fine not to exceed
$1,000, imprisonment up to 6 months, or both. If Ordinance No. 4251 is adopted tonight, the Police
Department will gauge its impact over a one-year period and make necessary amendments to
improve its efficacy.
This ordinance would ultimately provide the Police Department with legal authority to deter and
potentially reduce the transfer or theft of catalytic converts within the City of Huntington Beach.
Environmental Status:
The proposed ordinance would not result in direct or indirect physical changes to the environment.
As such, the proposed ordinance is exempt from the California Environmental Quality Act (CEQA)
pursuant to CEQA Guidelines Section 15061(b)(3), which exempts activities 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.
Strategic Plan Goal:
Financial Sustainability, Public Safety or Other
Attachment(s):
City of Huntington Beach Page 2 of 3 Printed on 4/14/2022
oowerc322 Leg,star"
File #: 22-311 MEETING DATE: 4/19/2022
1 . Ordinance No. 4251
City of Huntington Beach Page 3 of 3 Printed on 411412022
nowere323 Legistar"'
ORDINANCE NO. 4251
AN ORDNANCE OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH, ADDING A NEW CHAPTER
10.53 TO TITLE 10 OF THE HUNTNGTON BEACH
MUNICIPAL CODE, PROHIBITNG THE UNLAWFUL
POSSESSION OF CATALYTIC CONVERTERS N THE
CITY, AND MAKING A FI`NDING OF EXEMPTION UNDER
CEQA
WHEREAS, the City of Huntington Beach is a charter city and municipal corporation duly
created and existing under a charter pursuant to which the City has the right and power to make
and enforce all laws and regulations in respect to municipal affairs.
WHEREAS, the theft of catalytic converters has been an increasing problem within the City
in recent years.
WHEREAS, catalytic converters contain expensive precious metals including platinum,
palladium, and rhodium, which costs more than S1 1,000 per ounce.
WHEREAS, the average cost of replacing a stolen catalytic converter and repairing the
damage to the vehicle is typically more than $2,000 to the victim.
WHEREAS. there is no City. State; or Federal legislation applicable within the City to
define and punish catalytic converter thefts absent an identifiable victim.
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: (I) the case
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; and (3) the challenges with prosecuting criminals for catalytic converter theft
where a victim cannot be identified.
WHEREAS, finding the victims of these crimes is nearly impossible due to the manner in
which catalytic converter thefts occur and the lack of identifying markers on catalytic converters
linking stolen catalytic converters to the respective victims.
WHEREAS, due to lack of legislation defining and prosecuting these thefts, an
overwhelming majority of all catalytic converter theft cases in the City have gone unsolved.
WHEREAS, there are no City. State, or Federal legislation applicable within the City
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 deterring catalytic
converter thefts.
WHEREAS. this Ordinance is necessary to provide the City of Huntington Beach Police
Department a means to protect the public, deter this criminal activity and promote a more
productive use of staff resources by staff responsible for investigating catalytic converter thefts.
1
22.1 1140r77947
ORDINANCE NO. 4251
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. The above recitals are true and correct.
SECTION 2. A new Chapter 10.53 is added to Title 10 (Vehicles and Traffic) of the
Huntington Beach Municipal Code, to read as follows:
Chapter 10.53 Unlawful Possession of a Catalytic Converter
A. Except as otherwise provided in this section, it is unlawful for any person; other
than a Core Recycler as defined in California Business and Professions Code Section 21610,
to possess any catalytic converter that is not attached to a vehicle unless the possessor has valid
proof of ownership of the catalytic converter.
B. For purposes of this section, "valid proof of ownership" shall include all of the
following information:
1. The license plate number and vehicle identification number of the car from
which the catalytic converter was removed.
2. The name; address, and telephone number of the owner of the vehicle from
which the catalytic converter was removed.
3. The signature of the vehicle owner authorizing removal of the catalytic
converter.
4. "fhe name, address, and telephone number of the owner of the catalytic
converter.
C. 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.
D. Each violation of this section shall constitute a separate violation and shall be
subject to all remedies and enforcement measures authorized in the Huntington Beach Municipal
Code. Each and every catalytic converter unlawfully possessed, and each falsification of
information is a separate violation of this section.
E. Each violation of this section may, in the discretion of the City Attorney, be
prosecuted as a misdemeanor and upon conviction be subject to a fine not to exceed S1,000 or
imprisonment in the county jail for a period not more than 6 months, or by both such tine and
imprisonment.
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 3. CE A. This Ordinance was assessed in accordance with the authority and
criteria contained in the California Environmental Quality Act ((`CEQ.A"), the State CEQA
Guidelines, and the environmental regulations of the City. The City Council hereby finds and
2
ORDINANCE NO. 4251
determines that the Ordinance is not subject to CEQA under the general rule in CEQA
Guidelines Section 15061(b)(3) that CEQA applies only to projects which have the potential for
causing a significant effect on the environment. City staff shall cause a Notice of Exemption to
be filed as authorized by CEQA and the State CEQA Guidelines.
SECTION 4. Effective Date. This Ordinance shall become effective 30 days after its
passage.
SECI`ION 5. Severability. If any section, subsection, subdivision, sentence, clause, phrase,
or portion of this Ordinance or the application thereof to any person or place, is for any reason
held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remainder of this ordinance and shall not affect other
provisions of this Ordinance which can be given effect without the invalid provision or
application, and to this end, the provisions of this Ordinance are severable. The City Council
hereby declares it would have adopted this Ordinance, and each and every section, subsection,
subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or
more sections, subsections. subdivisions, sentences, clauses, phrases, or portions thereof be
declared invalid or unconstitutional.
SECTION 6. Publication. The City Clerk shall certify to the adoption of this Ordinance
and shall post or publish this Ordinance in the manner required by law.
PASSED AND .ADOPTED at a regular meeting of the City Council of the City of
Huntington Beach at a regular meeting thereof held on the /�/r" day of i _ri 2022.
I � �
Mayor
ATTEST: APPROVED AS 0 FORM:
City Clerk Cit , r ttorney ►W
REV1E\VED AND . PPROVED: FNIT►ATED AND APPROVED:
City Manager C?cssistant City Manager
3
Ord. No. 4251
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU,the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven;that the foregoing ordinance was read to said City Council at
a Regular meeting thereof held on April 5,2022, and was again read to said City
Council at a Regular meeting thereof held on April 19,2022, and was passed and
adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Peterson, Bolton,Posey, Delgleize, Carr,Moser, Kalmick
•
NOES: None
ABSENT: None
ABSTAIN: None
I,Robin Estanislau,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been published in
the Huntington Beach Wave on April 28,2022.
421/414ti 9A6/-4/1141444)
In accordance with the City Charter of said City.
Robin Es nislau, City Clerk City Clerk and ex-officio Clerk
Deputy City Clerk of the City Council of the City
of Huntington Beach, California
Huntington Beach Wave
1771 S.Lewis Street
Anaheim,CA 92805
714-796-2209
•
5190751
HUNTINGTON BEACH, CITY OF PROOF OF PUBLICATION
CITY CLERK DEPARTMENT
2000 MAIN ST Legal No. 0011531868
HUNTINGTON BEACH, CA 92648-2763 CITY OF HUNTINGTON BEACH
LEGAL NOTICE
ORDINANCE NO.4251
Adopted by the City Council on April 19,2022
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH,ADDING A NEW CHAPTER 10.53 TO TITLE 10
OF THE HUNTINGTON BEACH MUNICIPAL CODE, PROHIBITING
AFFIDAVIT OF PUBLICATION THE UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS IN
THE CITY, AND MAKING A FINDING OF EXEMPTION UNDER
CEQA"
STATE OF CALIFORNIA, SYNOPSIS
SS. Ordinance No.4251 establishes that it is unlawful for any individual other
than a Core Recycler of catalytic converters to possess an unattached
County of Orange catalytic converter without all of the valid proofs of ownership.
Each violation of this section may be prosecuted as a misdemeanor,
subject to a fine not to exceed $1,000, imprisonment up to 6 months, or
both.
I am a citizen of the United States and a resident of the This ordinance provides the Police Department with legal authority to
deter and potentially reduce the transfer or theft of catalytic converters
County aforesaid; I am over the age of eighteen years, and within the City of Huntington Beach.
not a party to or interested in the above entitled matter. I COPIES OF THIS ORDINANCE ARE AVAILABLE IN THE CITY
am the principal clerk of the Huntington Beach Wave, a CLERK'S OFFICE.
newspaper that has been adjudged to be a newspaper of PASSED AND ADOPTED by the City Council of the City of Huntington
general circulation by the Superior Court of the County of vote h at a regular meeting held April 19,2022 by the following roll call
Orange, State of California, on July 1, 1998, Case No. AYES: Peterson,Bolton,Posey,Delgleize,Carr,Moser,Kalmick
A-185906 in and for the City of Huntington Beach, County NOES: None
of Orange, State of California;that the notice, of which the
annexed is a true printed copy, has been published in ABSENT: None
each regular and entire issue of said newspaper and not in This ordinance is effective May 19,2022.
any supplement thereof on the following dates,to wit: CITY OF HUNTINGTON BEACH
2000 MAIN STREET
HUNTINGTON BEACH,CA 92648
04/28/2022 714-536-5227
ROBIN ESTANISLAU,CITY CLERK
Publish: Huntington Beach Wave April 28,2022 11531868
I certify(or declare) under the penalty of perjury under the
laws of the State of California that the foregoing is true
and correct:
Executed at Anaheim, Orange County, California, on
Date:April 28,2022.
/ ebxree
• i
Signature
•
r.LP1-12/15116 t
2000 Main Street,
Huntington Beach. CA
City of Huntington Beach 9264d
fttri Wjj �P- iuTMWenz n!
7 -U
File #: 22-249 MEETING DATE: 4/5/2022
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Sean Joyce, Interim City Manager
VIA: Travis K. Hopkins, Assistant City Manager
PREPARED BY: Catherine Jun, Assistant to the City Manager
Subject:
Approve for Introduction Ordinance No. 4251 adding Chapter 10.53 to Title 10 (Vehicles and
Traffic) of the Huntington Beach Municipal Code, prohibiting the unlawful possession of
Catalytic Converters in the City
Statement of Issue:
The City Council is requested to approve Ordinance No. 4251, adding Chapter 10.53 to Title 10 of the
Huntington Beach Municipal Code that establishes regulations to prohibit the unlawful possession of catalytic
converters in the City
Financial Impact:
Not applicable
Recommended Action:
Approve for introduction Ordinance No. 4251, "An Ordinance of the City Council of the City of
Huntington Beach Adding a New Chapter 10.53 to Title 10 of the Huntington Beach Municipal Code.
Prohibiting the Unlawful Possession of Catalytic Converters in the City. and Making a Finding of
Exemption Under CEOA."
Alternative Actionfs):
Do not approve the first reading of the ordinance and direct staff accordingly
Analysis:
The State of California leads the nation in catalytic converter thefts, which have increased in recent years.
According to a report by State Farm Insurance, more than 3 of 10 claims for catalytic converter thefts are fled
in California and thefts have risen nationally by 293% in Fiscal Year 2020-21
Catalytic converters are located underneath a vehicle and reduce the amount of pollutants released from the
exhaust system. However, the precious metals contained inside this auto part (i.e. platinum, palladium or
rhodium) make them a valuable commodity on the black market Individuals are further incentivized to commit
catalytic converter thefts due to the ease and speed with which they can be removed with common tools like a
reciprocating saw and the ability to recycle catalytic converters at scrap metal yards for high dollar returns.
Lastly, the lack of identifying information on catalytic converters make it nearly impossible to locate victims and
City of Huntington Beach Page t of 2 Printed on 3/302022
File #: 22-249 MEETING DATE: 4/5/2022
prosecute criminals. As such, a majority of thefts remain unresolved.
These thefts create financial and logistical burdens for community members. The average cost of replacing a
stolen catalytic converter and repairing residual damage to the vehicle is more than $2,000. In an effort to
prevent thefts, the Huntington Beach Police Department has hosted several events to etch identification
numbers onto catalytic converters to make them traceable and less attractive on the black market. HBPD has
also paired this program with regular outreach and education about parking vehicles in well-lit areas and
installing protective cages.
However, it remains difficult to halt the transportation, sale and distribution of catalytic converters within the
City's existing laws. Police Officers who spot an individual in possession of an unattached catalytic converter
are unable to ask for proof of ownership or legitimate means of obtaining the converter, limiting law
enforcement's ability to deter thefts. Ordinance No. 4251 would establish that it is unlawful for any individual
other than a Core Recycler of catalytic converters to possess a catalytic converter that is not attached to a
vehicle without all of the valid proofs of ownership below:
1. The license plate number and vehicle identification number of the car from which
the catalytic converter was removed.
2. The name, address, and telephone number of the owner of the vehicle from
which the catalytic converter was removed.
3. The signature of the vehicle owner authorizing removal of the catalytic converter.
4. The name, address, and telephone number of the current owner of the
catalytic converter.
Each violation of this section may be prosecuted as a misdemeanor, subject to a fine not to exceed $1,000,
imprisonment up to 6 months, or both.
This ordinance would ultimately provide the Police Department with legal authority to deter and potentially
reduce the transfer or theft of catalytic converts within the City of Huntington Beach.
Environmental Status:
The proposed ordinance would not result in direct or indirect physical changes to the environment. As such,
the proposed ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA
Guidelines Section 15061(b)(3), which exempts activities 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.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. Ordinance 4251 - Adding Chapter 10.53 to Title 10 of the Huntington Beach Municipal Code
City of Huntington Beach Page 2 of 2 Printed on 3/30/2022
ocwefc487�Legisuul"
ORDINANCE. NO. 4251
AN ORDINANCE OF THE CITY COUNCIL OF THE CYfY
OF HUNTINGTON BEACH, ADDING A NEW CHAPTER
10.53 TO TITLE 10 OF THE HUNTINGTON BEACH
MUNICIPAL CODE, PROHIBITING THE UNLAWFUL
POSSESSION OF CATALYTIC CONVERTERS IN THE
CITY, AND MAKING A FINDING OF EXEMPTION UNDER
CEQA
WHEREAS, the City of Huntington Beach is a charter city and municipal corporation duly
created and existing under a charter pursuant to which the City has the right and power to make
and enforce all laws and regulations in respect to municipal affairs.
WHEREAS, the theft of catalytic converters has been an increasing problem within the City
in recent years.
WHEREAS, catalytic converters contain expensive precious metals including platinum,
palladium, and rhodium, which costs more than $1 1,000 per ounce.
WHEREAS, the average cost of replacing a stolen catalytic converter and repairing the
damage to the vehicle is typically more than $2,000 to the victim.
WHEREAS, there is no City, State, or Federal legislation applicable within the City to
define and punish catalytic converter thefts absent an identifiable victim.
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; and (3) the challenges with prosecuting criminals for catalytic converter theft
where a victim cannot be identified.
WHEREAS, finding the victims of these crimes is nearly impossible due to the manner in
which catalytic converter thefts occur and the lack of identifying markers on catalytic converters
linking stolen catalytic converters to the respective victims.
WHEREAS, due to lack of legislation defining and prosecuting these thefts, an
overwhelming majority of all catalytic converter theft cases in the City have gone unsolved.
WHEREAS, there are no City, State, or Federal legislation applicable within the City
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 deterring catalytic
converter thefts.
WHEREAS, this Ordinance is necessary to provide the City of Huntington Beach Police
Department a means to protect the public, deter this criminal activity and promote a more
productive use of staff resources by staff responsible for investigating catalytic converter thefts.
1
22-11140277947
ORDINANCE NO. 4251
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. The above recitals are true and correct.
SECTION 2. A new Chapter 10.53 is added to Titic 10 (Vehicles and "fraftic) of the
Huntington Beach Municipal Code, to read as follows:
Chapter 10.53 Unlawful Possession of a Catalytic Converter
A. Except as otherwise provided in this section, it is unlawful for any person, other
than a Core Recycler as defined in California Business and Professions Code Section 21610,
to possess any catalytic converter that is not attached to a vehicle unless the possessor has valid
proof of ownership of the catalytic converter.
B. For purposes of this section, "valid proof of ownership" shall include all of the
following information:
1. The license plate number and vehicle identification number of the car from
which the catalytic converter was removed.
2. The name, address, and telephone number of the owner of the vehicle from
which the catalytic converter was removed.
3. The signature of the vehicle owner authorizing removal of the catalytic
converter.
4. The name, address, and telephone number of the owner of the catalytic
converter.
C. 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.
D. Each violation of this section shall constitute a separate violation and shall be
subject to all remedies and enforcement measures authorized in the Huntington Beach Municipal
Code. Each and every catalytic converter unlawfully possessed, and each falsification of
information is a separate violation of this section.
E. Each violation of this section may, in the discretion of the City Attorney, be
prosecuted as a misdemeanor and upon conviction be subject to a fine not to exceed $1,000 or
imprisonment in the county jail for a period not more than 6 months, or by both such fine and
imprisonment.
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 3. CE A. This Ordinance was assessed in accordance with the authority and
criteria contained in the California Environmental Quality Act ("CEQA"), the State CEQA
Guidelines, and the environmental regulations of the City. The City Council hereby finds and
2
ORDINANCE NO. 4251
determines that the Ordinance is not subject to CEQA under the general rule in CEQA
Guidelines Section 15061(b)(3) that CEQA applies only to projects which have the potential for
causing a significant effect on the environment. City staff shall cause a Notice of Exemption to
be filed as authorized by CEQA and the State CEQA Guidelines.
SECTION 4. Effective Date. This Ordinance shall become effective 30 days after its
passage.
SECTION 5. Severability. If any section, subsection, subdivision, sentence, clause, phrase,
or portion of this Ordinance or the application thereof to any person or place, is for any reason
held to be invalid or unconstitutional by the decision of any court of competentjurisdiction, such
decision shall not affect the validity of the remainder of this ordinance and shall not affect other
provisions of this Ordinance which can be given effect without the invalid provision or
application, and to this end, the provisions of this Ordinance are severable. The City Council
hereby declares it would have adopted this Ordinance, and each and every section, subsection,
subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or
more sections, subsections, subdivisions, sentences, clauses, phrases, or potions thereof be
declared invalid or unconstitutional.
SECTION 6. Publication. The City Clerk shall certify to the adoption of this Ordinance
and shall post or publish this Ordinance in the manner required by law.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Huntington Beach at a regular meeting thereof held on the day of , 2022.
Mayor
ATTES"I': APPROVED AS 0 FORM:
City Clerk Cit ttorney ►w
REVIEWED AND PPROVED: INITIATED AND APPROVED:
City Manager t kssistant City Manager
3
4/5/2022
\NppRPORgTfo �� Introduction of Ordinance No. 4251
Adding Chapter 10.53 to HBMC Title 10
= Prohibiting the
- — _ - Unlawful Possession of
Catalytic Converters
Ffe 17, t 909 p� \� April 5, 2022
NT �
SUPPLEMENTAL
COMMUNICATION
Meeting Date: '4/ L
Agenda Item No.;
Background
• Catalytic converters are located
underneath vehicles and reduce the
amount of harmful pollutants released
from the exhaust system and into the
environment
FWi2
• They re highly valued for their precious ,.
metals (i a platinum, k palladium.
rhodium)which are altogether valued
at -$11,000 per ounce (depending on '
market conditions)
r
• As such, thefts are on the rise
nationally, with 3 out of 10 theft claims
fled in California
4/5/2022
Background
• Thefts are further incentrvized due to.
• The ease and speed of removal using
common tools (i a reciprocating saw)
• Lack of identifying markers that make it
nearly impossible to find owners and
therefore prosecute criminals
• Most thefts remain unresolved
• The average cost for a vehicle Owner t0
replace a converter and repair residual
damage to a vehicle is $2 000, depending on
the car make and model
Catalytic Converter Theft Statistics
REPORTED TO HBPD
CATALYTIC CONVERTER THEFTS
4/5/2022
Ongoing Prevention Efforts
• HBPD actively engages in prevention efforts by f
hosting free "etching events" to engrave identifying
information on catalytic converters This makes them
less prone to thefts and more traceable on the black _
market _ -
• HBPD also teaches residents about practices like - --_ �4• -
parking in well-lit areas and installing protective cages '- -���- �■
around catalytic converters J
• However, HBPD would benefit from additional
tools to deter the transportation, sale and
distribution of stolen converters.
Potential Prevention Efforts
• Currently HBPD is unable to ask individuals who
are in possession of unattached catalytic
converters for proof of ownership or the legitimate
means of obtaining them This limits the Ciry's /
ability to detereterthefts
• Local cities including Irvine. Lake Forest and / yy
several in San Diego County adopted ordinances
to prohibit the transportation of unattached
catalytic converters without proof of ownership •
• Mission Viejo also approved the first reading of a
similar ordinance with a 2^d reading scheduled for
4/12/22
4/s/2022
Proposed Ordinance 4251
• If approved, Ordinance No 4251 would establish that it is unlawful for any individual
(except a core recycler) to possess an unattached catalytic converter without all of
the valid forms of proofs below
• License plate and VIN of the car from which the catalytic converter was removed
• Name, address, phone number of the vehicle owner
• Signature of the owner authorizing removal of the catalytic converter
• Name, address, phone number of the current owner of the catalytic converter
• Each violation of this ordinance may be prosecuted as a misdemeanor,
subject to a fine not to exceed $1,000, imprisonment up to 6 months. or both.
• This ordinance would provide HBPD with legal authority to deter and
potentially reduce the transfer and/or theft of catalytic converters locally.
Recommendation
(1) Approve for introduction Ordinance No. 4251 , "An Ordinance of the City
Council of the City of Huntington Beach Adding a New Chapter 10.53 to Title 10
of the Huntington Beach Municipal Code, Prohibiting the Unlawful Possession of
Catalytic Converters in the City, and Making a Finding of Exemption Under
CEQA."
OR
(2) Do not approve the first reading of the ordinance and direct staff accordingly
4
4/5/2a22
NT I N GToA,
\N�pRPORArEo Introduction of Ordinance No. 4251
Adding Chapter 10.53 to HBMC Title 10
= Prohibiting the
Unlawful Possession of
Catalytic Converters
O 17, 1909, P �� April 5, 2022
COUNT`( cps.
5