Ordinance 2022-62 ORDINANCE NO. 2022-62
LAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS,
AMENDING WYLIE'S CODE OF ORDINANCES, ORDINANCE NO. 2021-17,
AS AMENDED, CHAPTER 74 (OFFENSES AND MISCELLANEOUS
PROVISIONS) BY ADDING ARTICLE XIII (POSSESSION OF CATALYTIC
CONVERTER); PROVIDING A PENALTY CLAUSE, REPEALING/SAVINGS
CLAUSE, SEVERABILITY CLAUSE AND AN EFFECTIVE DATE; AND
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS the City Council of the City of Wylie,Texas("City Council") finds that it would be
advantageous and beneficial to the citizens of the City of Wylie,Texas("Wylie")to amend Chapter 74 of
the Wylie Code of Ordinances,as set forth herein; and
WHEREAS, due to the precious metals of rhodium, 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, Wylie had a total of 24 catalytic converters thefts in 2021 and as of September 19,
2022,have had 7 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 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 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS:
SECTION 1: Findings Incorporated. The fmdings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2: Amendment of Wylie's Code of Ordinances,Ordinance No. 2021-17, as amended, Chapter
74. The Code of Ordinances shall be, and is hereby,amended by adding a new Article XIII to Chapter 74
of said Code,such new Article to be read and numbered as follows:
"Chapter 74-Offenses and Miscellaneous Provisions
Article XIII-Possession of Catalytic Converters
74-200 Definitions
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 Entities means a business that is operated from a fixed location and is predominantly
L engaged in the practice as defined in the Occupations Code Title 12,Chapter 1956.
74-201 Possession of catalytic converter
Ordinance No.2022-62 Possession of Catalytic Converters Page 1 of 2
(a) It shall be unlawful for any person or entity other than registered metal recycling entities to possess a
used catalytic converter that was removed from a motor 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 was lawfully passed
from the owner of the vehicle from which the converter was removed to the person in possession
of the converter."
SECTION 3: Savings/Repealing. It is the legislative intent of the City Council that any conflicting
provision of this Article with other sections of this Code be read together and reconciled to preserve the
meaning, intent, and effect of each provision if possible. But should conflicts be irreconcilable,then it is
the City Council's intent that the provisions of this Article shall control to the extent necessary to resolve
the conflict. Nothing herein is intended to repeal any provision of the Code unless such repeal is clearly
stated herein.
SECTION 4: Penalty Provision. Any person or entity who violates any provision of this Ordinance
shall be deemed guilty of a misdemeanor and,upon conviction, shall be fined in an amount not exceeding
five hundred dollars ($500). Each day of violation shall constitute a separate offense. The penal
provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation.
Wylie retains all legal rights and remedies available to it pursuant to local,state,and federal law.
SECTION 5: Severability. Should any section,subsection,sentence,clause,or phrase of this Ordinance
be declared unconstitutional and/or invalid by a court of competent jurisdiction, it is expressly provided
that any and all remaining portions of this Ordinance shall remain in full force and effect. The City
Council hereby declares that it would have passed this Ordinance, and each section, subsection, sentence,
clause, and phrase thereof regardless of whether any one or more sections, subsections, sentences,
clauses,or phrases may be declared unconstitutional and/or invalid.
SECTION 6: Effective Date. This Ordinance shall be effective upon its passage and publication as
required by law.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS,on this 27th day of September,2022.
- cj
atthew Porter,Mayor
ATTESTED AND
CORRECTLY RECORDED:JkLekafita-0. 06tittk,
;
Stephanie Storm, City Secretary
Div = ; _ lam.
s7^,4T:: �,��:
Date to be published in The Wylie News—October 5,2022
Ordinance No.2022-62 Possession of Catalytic Converters Page 2 of 2
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Q7,1) (!'noc,,, • Murphy Monitor • The Princeton;lei aki • 74 S.1,it, Nov', • THE WYLIE NEWS
media
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally appeared Chad Engbrock,
publisher of C & S Media, dba The Wylie News, a newspaper regularly published in
Collin County, Texas and having general circulation in Collin County, Texas, and being
in compliance with Section 2051.044, Texas Government Code (a); (1), (2), (3) and (4),
who being by me duly sworn, deposed and says that the foregoing attached:
City of Wylie
Legal Notice—Ordinance No. 2022-62
was published in said newspaper on the following date(s), to-wit:
October 5, 2022
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the 6th day of October, 2022, to certify which
witness my hand and seal of office.
i1111":All I'
No:ONIA A DUGGAN Notary Public i firgor
The State of Te a
ary ID#126646343
Alit My Commission Expires
1.e OF August 12, 2024 My commission expires 08/12/2024.
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4C October 5-6,2022
CITY OFFOrdinance
No.202242
An Ordinance Of The
City Council Of The
City Of Wylie, Texas,
Amending Wylie's
Code Of Ordinances,
Ordinance No. 2021-
17, As . Amended,
Cater 74 (Offence
And Miscellaneous
Provisions) By Add-
ing Article Xiii (Po:-
session Of Catalytic
Converter); Providing
A Penalty Clause, Re-
pealing/Savings
Clause, Severab'
Q1 And An
tive ;,ltnl[ vid-
ing For The Publica-
tion Of The Caption
Hereof.
23-ie-301i