22-2163ORDINANCE NO. 22-2 163
AN ORDINANCE OF THE CITY OF DENTON AMENDING CHAPTER 21 OF THE CODE OF
ORDINANCES (OFFENSES) TO ADD ARTICLE V, TITLED “POSSESSION OF CATALYTICCONVERTER;” PROVIDING SEVERABILITY; PROVIDING A SAVINGS CLAUSE;PROVIDING FOR A PENALTY; PROVIDING FOR PUBLICATION AND CODIFICATION;AND PROVIDING AN EFFECTIVE DATE.
WHEREAS the City Council of the City of Denton finds that it would be advantageous and
beneficial to the citizens of the City of Denton to amend Chapter 21 of the Denton Code of Ordinances, as
set forth herein; and
WHEREAS, due to the precious metals ofrhodium, palladium, and platinum contained in catalytic
converters, the National Insurance Crime Bureau has reported that the claims of catalytic converters thefts
rose nationally from 3,389 in 2019 to 14,433 in 2020; and
WHEREAS, the City of Denton had a total of 187 reported catalytic converters thefts in 202 1 and
as of August 24, 2022, have already had 221 reported stolen; and
WHEREAS, on September 1, 2021, Texas H.B. 4110 was enacted to address this issue, however;
the bill only addressed those trying to sell or purchase catalytic converters; and
WHEREAS, City Staff recommends adopting an Ordinance focused on the possession of cut or un-
bolted catalytic converters, which are common methods to remove the catalytic converters during the theft;NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1: The findings and recitations contained in the preamble of this Ordinance are incorporated
herein by reference to the body of this Ordinance as if fully set forth herein.
SECTION 2: The City Council finds that adopting this Amendment to the City Code of Ordinances enhance
the quality of life of the citizens of the City of Denton and serves a compelling law enforcement need.
SECTION 3: Chapter 21 of the City of Denton Code of Ordinances entitled “Offenses,” is hereby,
amended to add Article V, entitled “Possession of Catalytic Converter,” as provided as follows:
Chapter 21 - Offenses
Article V - Possession of Catalytic Converters
21-66 Definitions
(a)
(b)
Catalytic converter means 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" means a business that is operated from a fixed location and is predominantly
engaged in:
( 1) performing the manufacturing process by which scrap, used, or obsolete ferrous or nonferrous
metal is converted into raw material products consisting of prepared grades and having an existingor potential economic value, by a method that in part requires the use of powered tools and
1
equipment, including processes that involve processing, sorting, cutting, classifying, cleaning,
baling, wrapping, shredding, shearing, or changing the physical form of that metal;
(2) the use of raw material products described under Paragraph (1) in the manufacture of produceror consumer goods; or
(3) purchasing or otherwise acquiring scrap, used, or obsolete ferrous or nonfenous metals for the
eventual use of the metal for the purposes described by Paragraph ( 1) or (2).
21-67 Possession of catalytic converter
(a) it shall be unlawful for any person or entity other than a metal recycler to possess a used catalytic
converter as defined by Section 21-66 (a) that was removed from a motor vehicle by cutting or some
other means other than unbolting it from the vehicle, unless the individual or entity can:
(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; or
(2) The person presents proof that 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.
21-68 Penalty
Any violation of the provisions or terms of this Ordinance by any person, firm or corporation shall be a
misdemeanor offense and shall be subject to a fine of up to FIVE HUNDERED DOLLARS ($500.00) in
accordance with Section 1-12(a)(4) of the City of Denton Code of Ordinances for each offense. Every day
a violation continues shall constitute a separate offense. The penal provisions imposed under this Ordinance
shall not preclude the City of Denton from filing suit to enjoin the violation. The City of Denton retains all
legal rights and remedies available to it pursuant to local, state, and federal law.
SECTION 4: This Ordinance shall be cumulative of all provisions of ordinances of the City of Denton,
except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances,
in which event the conflicting provisions of such ordinances are hereby repealed.
SECTION 5: it is hereby declared to be the intention of the City Council that the phrases, clauses, sentences,
paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or
section of this Ordinance, shall be declared unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City
Council without the incorporation in this ordinance of any
SECTION 6: The City Secretary is hereby directed to record and publish the attached rule, regulation,
and policy in the City’s Code of Ordinances as authorized by the Texas Local Government Code.
SECTION 7: This Ordinance shall be effective upon its passage, and the City Secretary is hereby directed
to cause the caption of this Ordinance to be published twice in the Denton Record-Chronicle , the official
newspaper of the City of Denton, within ten (10) days of the date of its passage.
The motion to approve this Ordinance was made by Br iM &’ck and seconded by
$ moM OW M<6€e , the Ordinance was F) owing vote Lg -01
2
Nay Abstain Absent
Gerard Hudspeth, Mayor:
Vicki Byrd, District 1 :
Brian Beck. District 2:
Jesse Davis. District 3 :
Alison Maguire, District 4:
Brandon Chase McGee, At Large Place 5
Chris Watts, At Large Place 6
14
V/
k’
r
b/
PASSED AND APPROVED this the ASh day of CF J'otBr ' 2022.
GERARD HUDSPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY 1\\\1111111
BY:,r7Z2/2 ,ZZ&bJ
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY, .'/#(,Ja Ul