9.30.050 Catalytic converters.
(a) Purpose. Catalytic converter thefts are on the rise due to the ease and undetectable nature of committing the thefts in a matter of seconds using common tools such as a reciprocating saw and because of loopholes in legislation protecting criminals from prosecution unless a victim can be identified. Finding a victim of these crimes is nearly impossible due to the undetectable nature of the catalytic converter thefts since they are not traceable. The majority of all catalytic converter theft cases in the City of Topeka have gone unsolved, which is fundamentally unacceptable for the citizens.
(b) Unlawful Possession.
(1) It shall be unlawful for any person to possess, accept, process, store, hold, keep, receive, reuse, or collect a catalytic converter that has been detached from a motor vehicle unless they can demonstrate a legitimate reason for such possession by producing either:
(i) A letter of permission from the Topeka Police Department to temporarily possess a catalytic converter that includes a law enforcement case number or property identification number; or
(ii) A bill of sale, purchase receipt, or vehicle title that includes the vehicle identification number of the source vehicle, accurate contact information for the owner of the source vehicle, and a signed release from the owner of the vehicle; or
(iii) Proof that the catalytic converter belongs to a vehicle that is owned by the person in possession of the detached catalytic converter;
(iv) A work order that identifies the owner of the vehicle and the work being performed on the vehicle, so long as detachment of the catalytic converter is essential to the work performed.
(2) City officials or law enforcement personnel disposing of lost, found, or stolen catalytic converters are exempt from the requirements of this section.
(3) Precious metal dealers who are regulated pursuant to K.S.A. 50-6109, et. seq. are exempt from the requirements of this section.
(4) Failure to comply with the foregoing provisions shall result in the immediate confiscation of a catalytic converter by law enforcement until such time as legal ownership may be determined or any criminal charges are adjudicated. A guilty finding, diversion or deferred judgment requires the catalytic converter be forfeited to the City of Topeka to be sold, destroyed or released to the rightful owner if the property was stolen.
(5) “Catalytic converter” means a device installed in the exhaust system of a motor vehicle that uses a catalyst to convert pollutant gases into less harmful gases.
(c) Penalty. Any person convicted under this chapter shall be guilty of a misdemeanor, and shall be sentenced as follows: upon a first conviction, a person shall be sentenced to not more than six months’ imprisonment and fined not less than $250.00 nor more than $1,000. Upon a second or subsequent conviction a person shall be sentenced to not less than 30 days’ imprisonment nor more than one year’s imprisonment, and fined not less than $500.00 nor more than $2,500. The person convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served the minimum mandatory sentence as provided herein. Upon a mandatory sentence, after 48 consecutive hours in jail, the jail sentence may be converted to work release or house arrest. (Ord. 20403 § 1, 1-10-23.)