9.82.020 - Unlawful possession of a catalytic converter.

It shall be unlawful and a misdemeanor for any person, other than a core recycler who is in strict compliance with California Business & Professions Code Section 21610, to possess any catalytic converter that is not attached to a vehicle, unless the person has verifiable proof of ownership of the catalytic converter.

(a)

An enforcement officer shall not stop any person for a violation of this section based solely on the possession of a catalytic converter without additional indicia that the catalytic converter is unlawfully possessed, including, but not limited to, any of the following:

(1)

The catalytic converter has been cut or otherwise shows marks or damage consistent with illicit removal;

(2)

The person in possession of the catalytic converter concurrently possesses tools commonly used in the illicit removal of catalytic converters;

(3)

The catalytic converter has markings that associate it with a particular vehicle or with a particular make or model of vehicle not associated with the person in possession of the catalytic converter;

(4)

The person in possession of the catalytic converter matches the description of suspect of a theft of a catalytic converter as provided by a witness or as otherwise identified through a law enforcement investigation; or,

(5)

The person in in possession of, or has sold or attempted to sell, multiple catalytic converters outside the scope of the legitimate activities of a core recycler that acquired the catalytic converter(s) in compliance with the provisions of California Business & Professions Code Section 21610.

(b)

In any prosecution for a violation of this section, the prosecutorial agency does not need to present a victim nor to demonstrate that the catalytic converter has been stolen in order to establish that the defendant is not in lawful possession of the catalytic converter.

(Ord. No. 805, § 1, 2-28-2023)