At the City Council Meeting held on April 26, 2022, Mayor Pro Tem Diedre Thu-Ha Nguyen asked and received by a unanimous vote that the City Council support listing an ordinance to establish legal authority to protect the public and deter criminal activity and prohibit unlawful possession of catalytic converters and sales and repairs of bicycles within the City.   Over the past several years, thefts of catalytic converters within the City of Garden Grove, as well as within jurisdictions across Orange County and California as a whole, have increased dramatically. In addition, there has been an increase of bicycle thefts due to both a general increase in property related crimes as well as a shortage of bicycles and bicycle parts with many of these crimes going unreported to police. 

Over the past three years, the number of catalytic converter thefts within the City has increased dramatically. According to crime statistics from the Garden Grove Police Department there were 163 reported catalytic converter thefts reported in the City. That number increased by approximately 375% in 2021 to a total of 607 such thefts.  And, in the first four months of 2022 alone, there have been 216 reported catalytic converter thefts. Projected out for the remainder of the year, the City can expect a total of 864 catalytic converter thefts by the end of 2022. This trend is not unique to Garden Grove.

The rise in catalytic converter thefts can be attributed to several factors. First, a theft of a catalytic converter can be accomplished within a matter of seconds using common household tools such as a reciprocating saw or handheld circular saw. This, coupled with the ease with which criminals can access a vehicle’s catalytic converter, makes it nearly impossible to catch criminals in the act of committing a catalytic converter theft. Next, catalytic converters contain precious metals such as platinum, palladium, and rhodium, which can be recycled for substantial sums. As a result, criminals sell the stolen catalytic converters to scrap metal yards who, in turn, remove the precious metals and sells them for a high profit. Catalytic converter thefts are nearly impossible for law enforcement agencies to investigate because the stolen catalytic converters do not have any identifying markings (e.g. serial numbers, vehicle identification numbers, or license plate numbers) which can be used to identify victims of theft. Without a victim of a theft, law enforcement officers cannot arrest suspected criminals for mere possession of a catalytic converter that appears to be stolen. Thus, despite the fact that there are very few instances when an individual would lawfully be in possession of a catalytic converter that is not attached to a vehicle, criminals cannot be charged with any offense given the lack of a specifically identifiable victim. There are currently no federal, state, or local laws or regulations which criminalize the possession of a catalytic converter which is not attached to a vehicle. Further, there is no federal, state, or local law which criminalizes the sale or recycling of unlawfully obtained catalytic converters.

The lack of regulation in this area incentivizes criminals to steal catalytic converters and scrap yard and similar businesses to purchase the stolen items in order to recycle the precious metals for a profit. Finally, there are currently no federal, state, or local laws or regulations which require individuals in possession of catalytic converters which are not attached to vehicles to provide proof to law enforcement of lawful possession. This limits law enforcement’s ability to protect the public by deterring catalytic converter thefts, as well as limits law enforcement’s ability to seize catalytic converters which are suspected to be stolen unless an identifiable victim can be located Given the lack of regulation in this area, the majority of catalytic converter thefts within the City of Garden Grove go unsolved. As to the increase of bicycle thefts, many of these bicycles are stolen and then dismantled in public areas in the City of Garden Grove and sold within days of being stolen. There is a narrow window for stolen bicycles to be recovered while they are being taken apart in public spaces before being sold.

Such open-air "bike chop shops" can be seen throughout the City, but confronting the illegal activities this practice supports is difficult without better tools to reduce the illegal activity.  Thus, creating a specific law for the removal of bicycles and/or bicycle parts from the public right-of-way and public property will add an enforcement tool to remove clutter from the public right-of-way and public property, prevent illegal commercial activity, and, if any bicycles or bicycle parts are lost or stolen, restore such items to their lawful owners and deter future bicycle theft. This ordinance will provide the Garden Grove Police Department with clearly established legal authority to protect the public and deter criminal activity.

It is recommended that the City Council:

Introduce for first reading and pass to second reading the Ordinance entitled:  

 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE, CALIFORNIA, ADDING CHAPTERS 8.92 AND 8.94 TO TITLE 8 OF THE GARDEN GROVE MUNICIPAL CODE ESTABLISHING REGULATIONS PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS IN THE CITY, AND REPAIRS AND SALES OF BICYCLES AND BICYCLE PARTS ON PUBLIC PROPERTY.