With little fanfare, Fresno County supervisors unanimously cleared the way for a controversial ordinance to take effect on Tuesday.
Deputies can now cite or arrest those with over 10 pounds of copper wire they suspect is stolen.
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“That’s going to give them another tool to deal with what is really an epidemic for a lot of people when they steal copper wire,” Supervisor Garry Bredefeld told Action News.
But as the county cracks down, it appears out of step with its own prosecutors.
District Attorney Lisa Smittcamp told KMJ Radio earlier this month that the ordinance might conflict with state law.
“If it impacts the state regulations on recycling, we have to ensure, as prosecutors, that our local laws will not violate the state laws,” she said on KMJ.
Smittcamp wanted the Attorney General to weigh in first.
Bredefeld says they can do that later.
“This is a board that is doing something about it,” he said. “I would encourage our DA to prosecute these cases, and if the AG has a problem, let him have a problem later on.”
Copper wire theft is a growing issue. County data shows it costs farmers, businesses and residents more than $3 million in 2023.
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The problem also impacts the City of Fresno.
“They will steal copper wire from HVAC systems, from irrigation systems,” Council President Mike Karbassi said at a recent meeting.
Councilmembers took the first step with their ordinance this month.
Violators in the city could face up to a year in jail and a $1,000 fine. City Attorney Andrew Janz would prosecute them as misdemeanors.
“We’re prepared to prosecute it on day one,” Janz said. “I’m not concerned about the Attorney General. I don’t think the District Attorney needs to wait for direction from Attorney General Rob Bonta to be able to prosecute these crimes.”
The city’s second and final vote on its ordinance is scheduled for Thursday.
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