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Steve McGlothin, owner of Steve's Muffler in Bakersfield, welds and secures a new catalytic converter to a Toyota vehicle in this March 2021 file photo. The vehicle's previous catalytic converter had been stolen.

Steve McGlothin, owner of Steve's Muffler in Bakersfield, welds and secures a new catalytic converter to a Toyota vehicle in this March 2021 file photo. The vehicle's previous catalytic converter had been stolen.

Experts have advised caution over implementing a proposed city ordinance to curtail catalytic converter theft, a topic which also divided Bakersfield City Council members in regard to its effectiveness and the consequences of passing such a law.

The city attorney’s office drafted an ordinance that says possessing a detached catalytic converter is unlawful unless its valid ownership is proved. That valid proof could include a bill of sale, with photographs, documentation from an auto body shop or “verifiable communication demonstrating relinquishment from the prior owner,” according to a recent presentation by the city attorney’s office to Bakersfield City Council members. A person could be charged with an infraction or a misdemeanor for a violation.

The ordinance is scheduled for its first reading at the Aug. 17 City Council meeting, prompting a University of Southern California governance professor to recommend waiting for the outcome of several bills making their way through the state and federal legislatures to then determine what a local ordinance, if any, should say. A local defense lawyer said several constitutional concerns would arise if a municipal code is passed, because it would allow police to cite anyone with a detached catalytic converter when they cannot prove ownership.

“The fact that people who run for office in this country are willing to call constitutional protections ‘loopholes’ demonstrates that some people slept during civics and American history classes," local defense attorney Kyle J. Humphrey wrote in an email.

Councilmembers debated similar concerns for nearly an hour during the July 13 City Council meeting. A motion to grant a first reading passed 5-4. City Councilmen Eric Arias, Andrae Gonzales, Bob Smith and Chris Parlier voted to move forward. Ken Weir, Bruce Freeman and Patty Gray voted against that motion.

The prevailing bloc largely sought to stay ahead of any legislative developments at the state level, while the minority voters urged caution against an ordinance untested in courts and questioned its effectiveness.

Bakersfield Police Department Assistant Chief Brent Stratton said during the July 13 City Council meeting police officers would not rely on the ordinance, if passed, to apprehend thieves because it's similar to existing penal codes. And despite these existing penal codes, Stratton said, the theft of catalytic converters has been rampant.

The city attorney’s office called for council members to wait and see what may happen in Sacramento. Gov. Gavin Newsom must sign into law or veto bills by Sept. 30 and the legislative session ends Aug. 31. City Attorney Ginny Gennaro said that if the council votes to move forward with an ordinance after the first reading on Aug. 17, a second reading would happen Aug. 31. It could go into effect 30 days later, on Sept. 30, she said.

At the council meeting Gennaro also advised the council on constitutional concerns. She warned civil lawsuits could be filed against the city.

“(The ordinance) is really contrary to pretty much everything we have been taught as attorneys,” Gennaro said at the City Council meeting.

But Ward 1 councilman Arias mentioned that Kern County District Attorney Cynthia Zimmer said there is a way to discern if a part has been stolen. Thieves use a particular saw to detach a catalytic converter, while professionals do not, he said at the City Council meeting.

Humphrey, the defense attorney, wrote police may only detain people with probable cause. The U.S. Constitution guarantees citizens are protected against unreasonable searches and seizures.

“You can’t simply say you may not possess something lawful to possess, and then go on a fishing expedition on every encounter to find out if the item is lawfully possessed,” Humphrey added. “This would allow the police to stop and question everybody simply for having a lawful item or items in their possession.”

Ward 2 City Councilman Gonzales said in a phone interview he doesn’t want to wait for Sacramento to come up with a solution. He wants to be innovative, aggressive and assume some risk. He pointed out the city takes on liability by simply running the government, and there is no perfect ordinance.

“If we create a new ordinance that we designed ourselves, I'd absolutely be part of it and absolutely support it,” Gonzales said. The city attorney’s office drafted the proposed Bakersfield ordinance similar to one passed by Artesia in Los Angeles County.

Nothing will change when this ordinance is implemented, Ward 3 Councilman Weir said in a phone interview. Police will still arrest people for crimes the same way they did prior to the ordinance’s enactment, he added.

“I think it’s a poorly written ordinance and it could come back and cause trouble for us,” Weir said.

Frank V. Zerunyan, a professor of the practice of governance at the USC Sol Price School of Public Policy, said a governance standpoint indicates making this decision is premature.

Zerunyan also referred to several state bills that have passed or are traveling through the state Legislature which could provide a stronger penalty than a local ordinance.

Senate Bill 986 requires dealers to etch a vehicle identification number to the catalytic converter on cars for sale. Core recyclers must record the VIN number of the catalytic converter and identify details of the seller. The business must also get a photograph of the seller and cannot accept cash and a written statement about how the seller got the catalytic converter. It was referred to the Committee on Appropriations on June 28.  

Assembly Bill 1653 allows the California Highway Patrol and the Department of Justice to expand the scope of an existing regional property crimes task force. The bill allows the theft of vehicle parts and accessories to be considered property crimes under the task force. It was signed by Newsom.

But it also remains to be seen if these laws actually make a dent in deterring the crime, Zerunyan added.

“The question becomes — do we wait 30 days?” he said.

Editor's note: This story has been updated to reflect that SB 986 was referred to the Committee on Appropriations on June 28.  

You can reach Ishani Desai at 661-395-7417. You can also follow her at @_ishanidesai on Twitter. 

The Bakersfield City Council could soon consider measures aimed at cracking down on catalytic converter thefts and illegal tobacco sales after…

Positive Cases Among Kern Residents: 272,015

Recovered and Presumed Recovered Residents: 258,738

Percentage of all cases that are unvaccinated: 72.68

Percentage of all hospitalizations that are unvaccinated: 83.34

Source: Kern County Public Health Services Department

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