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
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Bobby Li amood
Mayor