ORD 614 Catalytic Converter Section 11.82ORDINANCE NO. 614
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, ADDING CHAPTER 11.82 TO
TITLE 11 OF THE LA QUINTA MUNICIPAL CODE,
ESTABLISHING REGULATIONS PROHIBITING THE
UNLAWFUL POSSESSION OF A CATALYTIC
CONVERTER(S)
WHEREAS, La Quinta citizens have experienced rising catalytic converter thefts
from automobiles over the past several years. In 2022, there were 51 catalytic converter
thefts in La Quinta, 38 thefts in 2023, with the month of September spiking at 13 thefts.
The financial burden on the residents of La Quinta was approximately $133,000 in loss
for both years; and
WHEREAS, currently, the City of La Quinta ("City") does not have applicable
regulation under the La Quinta Municipal Code to define and punish catalytic converter
thefts absent an identifiable victim; and
WHEREAS, currently, there is no City, State, or Federal legislation applicable
within the City of La Quinta requiring individuals discovered to be in possession of
detached catalytic converters to provide proof to law enforcement as to how they obtained
catalytic converters, thus limiting law enforcement's ability to: (1) protect the public by
preventing catalytic converter thefts; and (2) seize suspected stolen catalytic converters
when no victim is present; and
WHEREAS, the California legislature has enacted, and the Governor of California
has signed into law, Senate Bill 1087 [Stats. 2022, Ch. 514, SB 1087, Gonzalez] (SB
1087) and Assembly Bill 1740 [Stats. 2022, Ch. 513, AB 1740, Muratsuchi] (AB 1740),
which generally prohibit: (1) individuals from purchasing a used catalytic converter from
anyone other than certain specified sellers, including automobile dismantlers, automotive
repair dealers, or an individual possessing documentation, as specified, that they are the
lawful owner of the catalytic converter; and (2) requires core recyclers to keep a detailed
written record, including the year, make, and model of the car from which a catalytic
converter was removed, as well as a copy of the vehicle's title, prior to purchasing a
catalytic converter from a seller; and
WHEREAS, the California legislature has not expressed its intent, whether
explicitly or impliedly, to occupy the field of catalytic converter theft legislation; and
WHEREAS, pursuant to Article XI, Section 5 of the California Constitution, the City,
as a charter city, has broad discretionary power to make and enforce within its limits all
ordinances and regulations in respect to municipal affairs; and
Ordinance No. 614
Adding Chapter 11.82 Catalytic Converter(s) to Title 11 of the La Quinta Municipal Code
Adopted: July 2, 2024
Page 2 of 7
WHEREAS, catalytic converter thefts have been on the rise for multiple reasons
including, but not limited to:
(1) the ease and undetectable nature of committing such thefts, potentially in a
matter of seconds and through the use of common tools such as a reciprocating
saw;
(2) the ability to recycle catalytic converters at scrap metal yards for high dollar
returns ranging from $200 to $1,200 per catalytic converter;
(3) legislation that may hamper prosecution of catalytic converter theft unless a
victim can be identified; and
WHEREAS, preventing these crimes at present is difficult due to the ease and
speed with which catalytic converter thefts can be committed and the difficulty of tracing
a particular catalytic converter back to its prior owner because catalytic converters
typically have no identifying markers; and
WHEREAS, the City of La Quinta seeks to adopt legislation criminalizing the
possession of catalytic converters absent proof of ownership or lawful possession, for
multiple reasons including, but not limited to, the following:
(1) achieving deterrence by establishing zero -tolerance for catalytic converter thefts;
(2) establishing sanctions for possessing stolen catalytic converters;
(3) preventing criminals from profiting from the sale and recycling of stolen catalytic
converters;
(4) providing indirect justice to the victims of catalytic converter theft cases that have
gone or will go unsolved for the reasons noted above;
(5) minimizing the fiscal and personnel impact to the City by reducing the time invested
in deterring and investigating catalytic converter thefts; and
WHEREAS, individuals who are in possession of stolen catalytic converters
recycle them for substantial profit while victims of these thefts suffer from potentially costly
repairs and inconvenience, as well as from the secondary effects from a perception of a
lack of safety or security for their personal property (automobiles and vehicles); and
WHEREAS, the City desires to regulate the possession of detached catalytic
converters within its jurisdiction in order to better protect its citizens, their property, and
their community; and
WHEREAS, regulating possession of detached catalytic converters neither
contradicts nor duplicates the statutes adopted by the California legislature on the topic
of catalytic converters; and
WHEREAS, this Ordinance is necessary to provide the City and all law
enforcement personnel, including the Riverside County Sheriff's Department, legal
authority to better protect the public and deter the criminal activity relating to catalytic
converter thefts; and
Ordinance No. 614
Adding Chapter 11.82 Catalytic Converter(s) to Title 11 of the La Quinta Municipal Code
Adopted: July 2, 2024
Page 3 of 7
WHEREAS, all other legal prerequisites to the adoption of the Ordinance have
occurred.
NOW, THEREFORE, the City Council of the City of La Quinta does ordain as
follows:
SECTION 1. ADOPTION: Chapter 11.82 is hereby approved and adopted by the
City Council and shall be added to Title 11 of the La Quinta Municipal Code as written in
"Exhibit A" attached hereto and incorporated herein by this reference.
SECTION 2. RECITALS: The Recitals set forth above are incorporated herein and
made an operative part of this Ordinance.
SECTION 3. CEQA: The City Council finds that adoption of this Ordinance is
exempt from the California Environmental Quality Act, Public Resources Code section
21000 et seq. ("CEQA") and implementing regulations, California Code of Regulations,
Title 14, Section 15000 et seq. ("CEQA Guidelines"), as it is not a "Project" as defined by
CEQA. (CEQA Guidelines, § 15060(c)(3).) Pursuant to CEQA Guidelines Section
15378(a), a "Project" means the whole of an action, which has a potential for resulting in
either a direct physical change in the environment or a reasonably foreseeable indirect
physical change in the environment. The requested action is to amend the La Quinta
Municipal Code to create a new criminal offense and is exempt from CEQA under the
"common sense" exemption (CEQA Guidelines, § 15061(b)(3)), as 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 requested action is further exempt under CEQA
Guidelines Section 15060(c)(2), as it will not result in a direct or reasonably foreseeable
indirect physical change in the environment.
SECTION 4. EFFECTIVE DATE: This Ordinance shall be in full force and effect
thirty (30) days after its adoption.
SECTION 5. POSTING: The City Clerk shall, within 15 days after passage of this
Ordinance, cause it to be posted in at least three public places designated by resolution
of the City Council (Resolution No. 2022-027), shall certify to the adoption and posting of
this Ordinance, and shall cause this Ordinance and its certification, together with proof of
posting to be entered into the permanent record of Ordinances of the City of La Quinta.
SECTION 6. CORRECTIVE AMENDMENTS: The City Council does hereby grant
the City Clerk the ability to make minor amendments and corrections of typographical or
clerical errors to "Exhibit A" to ensure consistency of all approved text amendments prior
to the publication in the La Quinta Municipal Code.
SECTION 7. SEVERABILITY: If any section, subsection, subdivision, sentence,
clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, such decision shall
Ordinance No. 614
Adding Chapter 11.82 Catalytic Converter(s) to Title 11 of the La Quinta Municipal Code
Adopted: July 2, 2024
Page 4 of 7
not affect the validity of the remaining portions of this Ordinance. The City Council hereby
declares that 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 section, subsections, subdivisions, sentences, clauses,
phrases, or portions thereof be declared unconstitutional.
PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City
Council held this 2nd day of July 2024, by the following vote:
AYES: Councilmembers Fitzpatrick, McGarrey, Pena, Sanchez, and Mayor
Evans
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
MONIKA RADEV , City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
LINDA EVANS, Mayor
City of La Quinta, California
Ordinance No. 614
Adding Chapter 11.82 Catalytic Converter(s) to Title 11 of the La Quinta Municipal Code
Adopted: July 2, 2024
Page 5 of 7
EXHIBIT A
CHAPTER 11.82 CATALYTIC CONVERTER(S)
11.82.010 Purpose.
The purpose of this chapter is to regulate the possession of detached catalytic converters
absent proof of ownership or lawful possession, to assist in deterring future thefts,
establish sanctions for possession stolen catalytic converters, and minimize the fiscal and
personal impact on the City of La Quinta and law enforcement personnel, including the
Riverside County Sheriff's Department, by reduction of the time invested in deterring and
investigating catalytic converter thefts.
11.82.020 Definitions.
For the purposes of this chapter, the following meanings shall apply:
A. "Lawful possession" includes (1) being the lawful owner of the catalytic converter
or (2) in possession of the catalytic converter with the lawful owner's written
consent. It is not required to prove the catalytic converter was stolen to establish
the possession is not a "lawful possession."
B. "Documentation" or "proof" means written documentation(s) that clearly identify the
vehicle from which the catalytic converter originated based on the totality of the
circumstances and includes, but is not limited to, the following types of documents:
1) Bill of sale from the original owner with the signature of the vehicle owner
authorizing removal of the catalytic converter, as well as the name, address,
and telephone of the vehicle owner,
2) Documentation from an auto -body shop or similar business proving that the
owner relinquished the catalytic converter to the auto -body shop or similar
business.
3) Verifiable electronic communication from the previous owner to the
possessor, relinquishing ownership of the catalytic converter.
4) Photographs of the vehicle from which the catalytic converter originated
clearly showing the license plate number and vehicle identification number
(VIN) of the car from which the catalytic converter was removed.
Ordinance No. 614
Adding Chapter 11.82 Catalytic Converter(s) to Title 11 of the La Quinta Municipal Code
Adopted: July 2, 2024
Page 6 of 7
11.82.030 Unlawful possession of a catalytic converter prohibited.
A. It shall be unlawful to possess any catalytic converter that is not attached to a
vehicle, unless the possessor has valid documentation or proof to verify that they
are in lawful possession of the catalytic converter.
B. It is unlawful for any person to falsify or cause to be falsified any information,
documentation or other proof intended to show valid proof of ownership or
possession of a catalytic converter.
11.82.040 Violations — Misdemeanor
A. Each and every violation of this section shall constitute a separate violation and
shall be subject to all remedies and enforcement measures authorized by the La
Quinta Municipal Code. Each and every catalytic converter unlawfully possessed
is a separate violation of this section.
B. Any person who violates any provision of this chapter is guilty of a misdemeanor,
and upon conviction punished by a fine not to exceed one thousand dollars
($1,000), or by imprisonment for a term not exceeding six months, or both.
C. The remedies provided herein are not to be construed as exclusive remedies. The
City is authorized to pursue any proceeding or remedies provided by the law.
Ordinance No. 614
Adding Chapter 11.82 Catalytic Converter(s) to Title 11 of the La Quinta Municipal Code
Adopted: July 2, 2024
Page 7 of 7
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss.
CITY OF LA QUINTA )
I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify the
foregoing to be a full, true, and correct copy of Ordinance No. 614, which was introduced
at a regular meeting on the 18th day of June 2024, and was adopted at a regular meeting
held on the 2nd day of July 2024, not being less than 5 days after the date of introduction
thereof.
I further certify that the foregoing Ordinance was posted in three places within the City of
La Quinta as specified in the Rules of Procedure adopted by City Council Resolution No.
2022-027.
DECLARATION OF POSTING
I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify that
the foregoing ordinance was posted on the 3rd day of July 2024, pursuant to Council
Resolution.
MONIKA RPIDEVAtity Clerk
City of La Quinta, California