O27511
City Council Meeting: June 13, 2023 Santa Monica, California
ORDINANCE NUMBER 2751 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ADDING SANTA MONICA MUNICIPAL CODE SECTION 4.08.830 AND
ESTABLISHING REGULATIONS PROHIBITING THE UNLAWFUL POSSESSION OF
CATALYTIC CONVERTERS WITHIN THE CITY OF SANTA MONICA
WHEREAS, the theft of catalytic converters has been an increasing problem within
the City of Santa Monica in recent years; and
WHEREAS, catalytic converters contain expensive precious metals including
platinum, palladium, and rhodium; and
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; and
WHEREAS, since 2020, over 646 catalytic converter thefts have occurred in the
City of Santa Monica, and catalytic converter thefts are increasing every year, with an
average of approximately 50 incidents per month; and
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 these thefts using relatively
common tools; (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; and
WHEREAS, individuals who are in possession of stolen catalytic converters
recycle them for substantial profit while victims of these thefts suffer the tremendous
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consequence of paying thousands of dollars in repairs, the inconvenience of repairing
their vehicles, and the feeling of being unsafe in the community; and
WHEREAS, finding a victim of these crimes is difficult due to the relatively
undetectable nature of the catalytic converter thefts and the difficulty in tracing catalytic
converters back to a particular victim; and
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; and
WHEREAS, the proposed ordinance seeks to: (1) deter criminal activity by
establishing regulations addressing catalytic converter thefts; (2) sanction individuals in
unlawful possession of stolen catalytic converters; (3) prevent criminals from profiting
from the sale and recycling of stolen catalytic converters; (4) provide justice to the victims
of catalytic converters; (5) reduce crime; and (6) minimize the impact on the City of Santa
Monica;
WHEREAS, this Ordinance is necessary to provide the Santa Monica Police
Department a means to protect the public, deter this criminal activity and promote a more
productive use of resources by staff responsible for investigating catalytic converter
thefts; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 4.08.830 is hereby
added to read as follows:
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4.08.830 Unlawful Possession of a Catalytic Converter
(a) It shall be unlawful for any person to possess any catalytic converter that is
not attached to a vehicle unless the possessor has valid documentation or other proof to
verify they are in lawful possession of the catalytic converter.
(b) As used in this Section, the following items shall have the following
meanings:
(1) “Lawful possession” includes being the lawful owner of the catalytic
converter or 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.”
(2) “Documentation or other proof” means written document(s) that
clearly identify the vehicle from which the catalytic converter originated and
includes, but is not limited to, the following document types: bill of sale from the
original owner with photographs, documentation from an auto-body shop proving
the owner relinquished the catalytic converter to the auto-body shop, or vehicle
registration associated with the catalytic converter containing an etched
associated license plate number or vehicle identification number. The validity of
“documentation or other proof” is based on the totality of the circumstances.
(c) Each violation of this Section shall constitute a separate violation and shall
be subject to all remedies and enforcement measures authorized in the Santa Monica
Municipal Code.
(d) Any person violating this Section shall be guilty of a misdemeanor, which
shall be punishable by a fine not exceeding five hundred dollars per violation, or by
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imprisonment for a period not exceeding six months, or by such fine and imprisonment.
The remedies provided in this subsection are not exclusive, and nothing in this subsection
shall preclude the use or application of any other remedies, penalties, or procedures
established by law.
SECTION 2. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary to
effect the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed
this Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within 15 days after its adoption. This Ordinance shall become effective 30
days from its adoption.
APPROVED AS TO FORM:
_________________________________
Douglas Sloan, City Attorney
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Approved and adopted this 14th day of June, 2023.
_____________________________
Gleam Davis, Mayor
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do
hereby certify that the foregoing Ordinance No. 2751 (CCS) had its introduction
on May 24, 2023 and was adopted at the Santa Monica City Council meeting
held on June 13, 2023, by the following vote:
AYES: Councilmembers Torosis, Brock, Parra, Zwick
Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: Councilmember de la Torre
ATTEST:
_____________________________________ _________________
Denise Anderson-Warren, City Clerk Date
A summary of Ordinance No. 2751 (CCS) was duly published pursuant to
California Government Code Section 40806.
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6/20/2023