Chapter 5.37
UNLAWFUL POSSESSION OF A DETACHED CATALYTIC CONVERTER
Sections:
5.37.03 Unlawful possession of a catalytic converter.
5.37.04 Criminal and administrative penalties.
5.37.05 Nonexclusive remedies and penalties.
5.37.01 Purpose.
This chapter shall be known as the “Unlawful Possession of Detached Catalytic Converter Ordinance.” The City Council finds that catalytic converter theft is an increasing problem within the City of Clovis and causes significant financial damage to the victims. The purpose of this chapter is to deter catalytic converter theft throughout the City of Clovis and to ensure accountability for individuals involved in such criminal activity. (§ 1, Ord. 25-10, eff. September 10, 2025)
5.37.02 Definitions.
As used in this chapter, the following terms shall have the following meanings:
(a) “Catalytic converter” means any exhaust emission control device, or portion thereof, that converts toxic gases and pollutants in exhaust gas from an internal combustion engine into less toxic pollutants.
(b) “Documentation or other proof” means written document(s) clearly identifying the vehicle from which the catalytic converter originated based on the totality of the circumstances. This includes, but is not limited to, the following types of documents:
1. Bill of sale from the original owner with photographs.
2. Verifiable documentation from an auto-body shop proving the owner relinquished the catalytic converter to the auto-body shop.
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.
5. Vehicle registration associated with the catalytic converter containing an etched associated license plate number or vehicle identification number or driver’s license number of the registered vehicle owner.
(c) “Lawful possession” includes being the lawful owner of the catalytic converter or being in possession of the catalytic converter with the lawful owner’s verifiable written consent, an auto dismantler as defined by Vehicle Code Section 220, or a core recycler as defined by Business and Professions Code Section 21610. The peace officer or enforcement officer is not required to prove the catalytic converter was stolen to establish an unlawful possession.
(d) “Enforcement officer” includes the Chief of Police, a code enforcement officer, and their designees. (§ 1, Ord. 25-10, eff. September 10, 2025)
5.37.03 Unlawful possession of a catalytic converter.
Barring any provision of State law permitting the same, it is unlawful for any person to possess any catalytic converter which is not attached to a vehicle unless the person has documentation or other proof, as defined in Section 5.37.02(b).
(a) This section does not apply to a detached catalytic converter that has been verifiably tested, certified, and labeled or otherwise approved for reuse, and is being bought or sold for purposes of reuse in accordance with the Federal Clean Air Act (42 U.S.C. Section 7401 et seq.) and other regulations under the Clean Air Act, as they may be amended from time to time.
(b) 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 as defined in Section 5.37.02.
(c) Evidence of unlawful possession may be presumed by the number of detached catalytic converters within one’s possession and/or by the condition of the dismantled catalytic converter(s), including, but not limited to, the manner in which a catalytic converter has been detached or cut from a vehicle.
(d) Compliance with Business and Professions Code Section 21610 and Vehicle Code Sections 10852.5 and 11500 is required. (§ 1, Ord. 25-10, eff. September 10, 2025)
5.37.04 Criminal and administrative penalties.
(a) Misdemeanor violation. Any person who violates any provision of this chapter is guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding one thousand and 00/100ths dollars ($1,000.00), or by imprisonment in the County jail for a term not exceeding six (6) months, or by both.
(b) State penalties apply. Nothing in this chapter shall be intended to limit any of the penalties provided for under California law, including but not limited to the Penal Code, with regard to the unlawful sale, use, possession, delivery, and/or receipt of catalytic converters.
(c) Administrative fine amounts. The fine amount for any administrative citation issued under this chapter shall be up to one thousand and 00/100ths dollars ($1,000.00) for each violation.
(d) Separate offenses. Acts, omissions, or conditions in violation of this chapter that continue, exist, or occur on more than one day constitute separate violations for each day. Violations continuing, existing, or occurring on the service date, the effective date, and each day between the service date and the effective date are separate violations. A person is guilty of a separate offense for each and every instance during which he or she commits, continues, or permits a violation of this chapter. A person is deemed guilty of a separate offense for each and every violation of this chapter, or any portion thereof. (§ 1, Ord. 25-10, eff. September 10, 2025)
5.37.05 Nonexclusive remedies and penalties.
All remedies and penalties for violations of the prohibitions within this chapter shall be cumulative and not exclusive. Enforcement by use of any administrative, criminal or civil action, citation or administrative proceeding or abatement remedy does not preclude the use of additional citations or other remedies as authorized by other ordinance or law. Enforcement remedies may be employed concurrently or consecutively. Conviction and punishment of or enforcement against any person hereunder shall not relieve such person from the responsibility of correcting, removing or abating a violation, nor prevent the enforced correction, removal or abatement thereof. (§ 1, Ord. 25-10, eff. September 10, 2025)
5.37.06 Severability.
If any portion of this chapter is held to be invalid by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter. The Council hereby declares it would have passed each remaining portion irrespective of the fact that any one or more portions are declared invalid. (§ 1, Ord. 25-10, eff. September 10, 2025)