It shall be unlawful for any person, group, or "Possessor" to possess any catalytic converter(s) that is not attached to a vehicle, unless the Possessor has valid “Documentation or Other Reliable Proof” to verify that they are in lawful possession of the catalytic converter(s).
A. For purposes of this section, "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; or 3) owners and employees of a licensed business involving the legal purchase and sale of catalytic converters may possess them during lawful business operations. It is not required to prove the catalytic converter was stolen to establish the possession is not a "lawful possession" and any of the following may also be considered to determine that possession of a catalytic converter is unlawful:
1. The catalytic converter has been cut or otherwise shows marks or damage consistent with illegal removal.
2. The person in possession of the catalytic converter is also in possession of tools that can be used in the illicit removal of catalytic converters.
3. The catalytic converter has markings that associate it with a particular vehicle or make or model of vehicle not associated with the person in possession of the catalytic converter.
4. The person is not able to reasonably account for the origin of the catalytic converter.
5. The person is in possession of, or has sold or attempted to sell, multiple catalytic converters outside of the scope of a licensed business enterprise.
B. For purposes of this section, “Documentation or Other Reliable Proof” means a sales receipt, other proof of purchase, or written document(s) that identifies proof of ownership of catalytic converters or ownership of the vehicle from which a used catalytic
converter originated based on the totality of the circumstances, and includes, but is not limited to, the following types of documents:
1. Verifiable bill of sale from the original owner.
2. Documentation from an auto-body shop proving that 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 or similar visual representation of the vehicle from which the catalytic converter originated.
5. Certificate of title or registration that identifies the individual as the legal or registered owner of the vehicle from which the catalytic converter was detached.
C. Each violation of this section shall constitute a separate violation, including but not limited to, possessing multiple catalytic converters during a single contact by law enforcement or the locating of catalytic converters at other locations but arising from the initial contact by law enforcement or any other circumstance connecting the potential violator to the unlawful possession of the catalytic converter(s) and shall be subject to all remedies and enforcement measures authorized by the Visalia Municipal Code. For clarity, each catalytic converter unlawfully possessed is a separate violation of this section.
D. It is unlawful and a misdemeanor subject to punishment in accordance with Section 1.12.010 of the Visalia Municipal Code for any person to violate any provision of this section. The general rule stating violations of this chapter shall be treated as infractions does not apply to violations of this section.
E. 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. 2023-03 § 2, 2023)