(a)
It
shall be unlawful 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)
For
purposes of this section, “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.”
(c)
For
purposes of this section, “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 original owner
with photographs, documentation from an auto-body shop proving the
owner relinquished the catalytic converter to the auto-body shop,
verifiable electronic communication from the previous owner to the
possessor relinquishing ownership of the catalytic converter, photographs
of the vehicle from which the catalytic converter originated, 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.
(d)
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 San Juan Capistrano Municipal Code. Each and every catalytic
converter unlawfully possessed is a separate violation of this section.
(e)
Each
and every violation of this section is a misdemeanor punishable by
imprisonment in the County Jail not exceeding 12 months, or by fine
of $1,000, or by both.
(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.
(Ord. No. 1103, § 3, 2022)
