Loading...
HomeMy WebLinkAboutOrdinances (O-22-2232)-12/20/2022ORDINANCE 0-22-2232 AN ORDINANCE AMENDING CHAPTER 62 (OFFENSES AND MISCELLANEOUS PROVISIONS) OF THE CITY OF COLLEYVILLE CODE OF ORDINANCES BY ADDING ARTICLE IV (POSSESSION OF CATALYTIC CONVERTERS); MAKING IT UNLAWFUL TO POSSESS A USED CATALYTIC CONVERTER; PROVIDING FOR AN AFFIRMATIVE DEFENSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council finds that catalytic converter thefts are on the rise across the nation, including the State of Texas; and WHEREAS, the National Insurance Crime Bureau has reported that the claims of catalytic converter thefts rose nationally from 3,389 in 2019 to 14,433 in 2021; and WHEREAS, since January 2021, the Colleyville Police Department has taken over 36 reports with a total of 45 catalytic converters stolen from vehicles; and WHEREAS, the existence of catalytic converters on essentially all motor vehicles makes these devices attractive targets for criminal activity due to a number of factors, including, but not limited to, (1) the ability of individuals to access and remove these devices from motor vehicles in a matter of seconds using common tools such as metal saws; (2) the ability of individuals to profit from recycling these devices at scrap metal yards where high market prices incentivize such conduct; and (3) the inability of local law enforcement to effectively prosecute these crimes under existing state and federal legislation; and WHEREAS, on September 1, 2021, Texas H.B. 4110 was enacted to address this issue; however, the bill only addresses those trying to sell or purchase catalytic converters; and WHEREAS, the City Council of the City of Colleyville, Texas, finds that it is in the best interest of the safety and welfare of the citizens of the City of Colleyville to adopt local regulations to provide law enforcement the ability to criminally enforce unlawful possession of catalytic converters by amending Chapter 62 of the Code of Ordinances, as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Ordinance 0-22-2232 Page 2 of 4 Sec. 1. THAT Chapter 62, Offenses and Miscellaneous Provisions, is hereby amended by adding a new Article IV, entitled "Possession of Catalytic Converters", and adding Sections 62- 71 to 62-79 to read as follows: "Chapter 62 — OFFENSES AND MISCELLANEOUS PROVISIONS ... ARTICLE IV. — POSSESSION OF CATALYTIC CONVERTERS Sec. 62-71. — Definitions The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this section: Catalytic converter means an exhaust emission control device that reduces toxic gases and pollutants from internal combustion engines that has been removed from a vehicle by cutting or some means other than unbolting it from the vehicle. The term catalytic converter includes any material removed from a catalytic converter. Metal recycling entity has the meaning assigned by Section 1956.001(7) of the Texas Occupations Code, as the same may be amended. Sec. 62-72. — Possession of catalytic converter It shall be unlawful for any person or entity, other than a metal recycling entity, to possess a catalytic converter, as defined in Section 62-71. Each catalytic converter in an individual or entity's possession shall constitute a separate offense. Sec. 62-73. — Affirmative defense It is an affirmative defense to the prosecution for an offense under Section 62-72 if the person or entity: (a) provides (i) the year, make, model and vehicle identification number for the vehicle from which the Ordinance 0-22-2232 Page 3 of 4 catalytic converter was removed, (ii) a copy of the certificate of title or other documentation indicating that the person or entity has an ownership interest in such vehicle, and (iii) proof that the catalytic converter was removed from such vehicle; or (b) person presents proof that the possession of the catalytic converter lawfully passed from the owner of the vehicle from which the catalytic converter was removed to the person in possession of the catalytic converter. Secs. 62-74 — 62-79 Reserved" Sec. 3. THAT all provisions of the Code of Ordinances of the City of Colleyville, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. Sec. 4. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 5. Any person or entity who violates any provision of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction, shall be fined in an amount not exceeding five hundred dollars ($500.00). A violation of any provision of this Ordinance shall constitute a separate violation for each calendar day in which it occurs. The penal provisions imposed under this Ordinance shall not preclude Colleyville from filing suit to enjoin the violation. Colleyville retains all legal rights and remedies available to it pursuant to local, state, and federal law. Sec. 6. THAT this Ordinance shall become effective from and after its passage and approval and after publication as may be required by law or by the City Charter or Ordinance. AND IT IS SO ORDERED. Ordinance 0-22-2232 Page 4 of 4 The first reading and public hearing being conducted on the 6t" day of December 2022. The second reading and public hearing being conducted on the 20th day of December 2022. PASSED AND APPROVED BY A VOTE OF 7 AYES, 0 NAYS ON THIS THE 20TH DAY OF DECEMBER 2022. Mayor Bobby Lindamood Brandi Elder, Place 1 George Dodson, Place 4 Callie Rigney, Place 6 ATTEST: Christine Loven, TRMC City Secretary APPROVE TO FORM: Whitt W City Attorney Aye Mayor Pro Tern Kathy Wheat Aye Aye George Bond, Place 2 Aye Aye Chuck Kelley, Place 5 Aye Aye ITY OF COLLEYVILLE \ A.wcoa� Bobby Li amood Mayor