Loading...
Ord 57-2022 Amending Chapter 78 of the Code Adding Section VI Catalytic Converter 11/15/2022 Ordinance No. 57-2022 Ordinance establishing Article VI-Catalytic Converters; providing for severability; and providing an effective date WHEREAS, catalytic converters contain the precious metals of rhodium, palladium, and platinum. The value for these metals, especially rhodium, have been at an all-time high since 2019; and, WHEREAS, The National Insurance Crime Bureau has reported the claims of catalytic converter thefts rose nationally from 3,389 in 2019 to 14,433 in 2020. In Wichita Falls, from 2019 to 2022, there have been over 130 reported catalytic converters stolen. Local Mechanic and Muffler shops have repaired or replaced multiple catalytic converters where the victim never made a police report; and, WHEREAS, on September 1, 2021, Texas H.B. 4110 was enacted to help combat the rise in catalytic converter thefts, however, the bill only addressed those trying to sell and purchase catalytic converters. Multiple cities across the country and Texas are trying to help combat the thefts via possession ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: ARTICLE VI. — CATALYTIC CONVERTER Sec. 78-90. - Definitions. The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Catalytic Converter. An exhaust emission control device that reduces toxic gases and pollutants from internal combustion: this includes any material removed from a catalytic converter. Metal Recycling Entity. A business that is operated from a fixed location and is engaged in the practice as defined in the Occupations Code Title 12, Chapter 1956. Sec. 78-91. — Possession of a Catalytic Converter. (a) It shall be unlawful for any person or entity other than a metal recycler to possess a used catalytic converter that was removed from a motor vehicle unless the individual or entity provides the following: (1) Provide proof of ownership of the motor vehicle from which the converter was removed, and can reasonably link the catalytic converter to the vehicle. a. Proof of ownership includes a copy of the certificate of title or other documentation indication the person has an ownership interest in the vehicle from which the catalytic converter was removed. b. Year, make, model, and vehicle identification number for the vehicle from which the catalytic converter was removed; or, (2) The person or entity presents proof the possession of the catalytic converter lawfully passed from the owner of the vehicle from which the converter was removed to the person in possession of the converter. (b) Each catalytic converter in an individual or entity's possession shall constitute a separate offense. Sec. 78-92. — Enforcement (a) Violation of this chapter is a Class C misdemeanor and shall be fined for this offense not to exceed five hundred dollars ($500.00). Sec. 78-93-78-100. Reserved. 1. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 2. It is the intention of the City Council of the City of Wichita Falls, Texas, that the provisions of this ordinance shall become a part of the Code of Ordinances of the City of Wichita Falls, Texas, and that sections of this ordinance may be renumbered or relettered to accomplish such intention. 3. Should any word, phrase, paragraph, section or portion of this ordinance or the Code of Ordinances, as amended hereby, be held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. 4. This ordinance shall become effective on December 15, 2022. PASSED AND APPROVED this the 15th day of November, 2022. MAYOR ATTEST: City Clerk