(Added by Ord. No. 187,818, Eff. 6/5/23.)
(a) Definitions. The following definitions shall apply to this section:
1. “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.
2. “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, and includes, but is not limited to, the following types of documents:
i. Bill of sale from the original owner with photographs.
ii. Documentation from an auto-body shop proving that the owner relinquished the catalytic converter to the auto-body shop.
iii. Verifiable electronic communication from the previous owner to the possessor relinquishing ownership of the catalytic converter.
iv. Photographs of the vehicle from which the catalytic converter originated.
v. Vehicle registration associated with the catalytic converter containing an etched associated license plate number or vehicle identification number.
3. “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”.
4. “Person” shall have the same meaning as set forth in Subsection (a) of Section 11.01 of this Code.
(b) Prohibition. It shall be unlawful for any person, other than a core recycler as defined in California Business and Professions Code Section 21610, to possess any catalytic converter that is not attached to a vehicle, unless the possessor has valid documentation or other proof to verify that they are in lawful possession of the catalytic converter.
(c) Penalty.
1. 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 Los Angeles Municipal Code. Each and every catalytic converter unlawfully possessed is a separate violation of this section.
2. A violation of this section shall constitute a misdemeanor and upon conviction may be punished by a fine not to exceed $1,000, or by imprisonment in the county jail not to exceed six months, or by both.
3. The City Attorney may also prosecute a civil action under applicable State law to enforce this section and in any action a civil penalty may be imposed as provided by law and where appropriate, restitution ordered to aggrieved victims.
4. 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.
(d) Severability. If any subsection, sentence, clause or phrase of this section is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this section. The City Council hereby declares that it would have adopted this section and each and every subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional, without regard to whether any portion of the section would be subsequently declared invalid or unconstitutional.