Ord 2024-002 Catalytic Converter

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ORDINANCE NO. 2024-002 2 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. 4-43-120 Lawful Possession “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.” 4-43-130 Person “Person” shall mean any individual, partnership, corporation, association or other organization, however formed. Article 2 Prohibition 4-43-200 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. 4-43-210 Penalty 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 Leandro Municipal Code. Each and every catalytic converter unlawfully possessed is a separate violation of this section. 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. 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. 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. SECTION 3. ENVIRONMENTAL. The passage of this ordinance is not a project according to the definition in the California Environmental Quality Act and, therefore, is not subject to the provisions requiring environmental review. SECTION 4. ORDINANCES REPEALED. With the exception of the provisions protected by the savings clause, all ordinances (or parts of ordinances) in conflict with or inconsistent with this ordinance are hereby repealed. SECTION 5. SEVERABILITY. 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 will not