The Fresno City Council on Thursday introduced a rule allowing police to seize excessive amounts of copper wire from people and empowering the city attorney to prosecute those crimes.

People caught with at least 10 pounds of commercial grade wire — excluding people with business licenses — can have it seized and then be fined $1,000 and jailed up to a year.

The decision comes after Fresno County supervisors passed a similar ordinance on Tuesday. Supervisors and councilmembers said both governments need to work together to prosecute thieves who often use jurisdictional boundaries to evade law enforcement.

Council President Mike Karbassi and councilmembers Annalisa Perea and Tyler Maxwell worked with supervisors Garry Bredefeld and Nathan Magsig on the rule along with City Attorney Andrew Janz and Fresno County Sheriff John Zanoni.

“The fact that we were together on Tuesday — all of us, everybody — sends a very clear message that we are very different now, it is a city-county collaboration effort,” Karbassi said.

Related Story: Smittcamp Warns Fresno Supervisors About New Copper Theft Law. Bredefeld Wants ...

Councilmembers, Supervisors Promise Greater Collaboration

Maxwell said beyond farm equipment and property, street lights and telecommunications systems are regular targets for copper wire theft.

“While the thieves might be making a couple hundred dollars, it  can cost us tens, if not hundreds, of thousands of dollars to replace this critical infrastructure,” Maxwell said. “There’s massive delays. It costs taxpayers a lot of money. It’s just not something we’re going to stand for anymore.”

J. Scott Boswell, a dermatologist in north Fresno, told Karbassi when thieves stole copper coils from air conditioning units, it cost him $80,000 to replace them. Patients also waited in his office without air conditioning.

Perea said after this ordinance and a recent agreement on sharing property tax for new development, people should expect further collaboration between the city and county.

“We’ve turned a new leaf,” Perea said. “This ordinance is just another example of how we’re going to work together.”

Bredefeld during the council meeting said he would soon introduce an ordinance to go after catalytic converter thieves and illegal dog breeders — similar to the city’s rules.

Fresno District Attorney Says She Needs AG’s Sign Off

Much of the discussion Thursday, however, surrounded whether Fresno County District Attorney Lisa Smittcamp would prosecute copper wire cases.

During the Tuesday supervisor meeting, it came out that Smittcamp warned board members about potential hurdles to enforcing the ordinance.

In a statement to GV Wire, Smittcamp said while she supports the rule, existing state law may preempt the ordinance.

“To clarify the legality of this local measure, the only path forward is to seek an official opinion from the California attorney general,” Smittcamp said. “Should cases under this ordinance be referred to our office, we will request that opinion and, once clarified, prosecute violators to the fullest extent allowed by law.”

She said California Attorney Rob Bonta’s office may overturn any prosecutions.

The attorney general’s office has not responded to an inquiry from GV Wire.

Fresno City Attorney Andrew Janz said he was confident the ordinance did not go against state law. He said his office could prosecute suspects. But jurisdictional boundaries come into question for arrests made in county islands or outside city limits.

Fresno City Councilmember Miguel Arias said the city attorney’s office may need more resources if the district attorney won’t prosecute copper wire cases. He said thieves often target elementary schools and light posts in his district.

“I just want to be crystal clear that when somebody steals copper across the street in a county island, or on the other side of Clinton (Avenue) and folks are not being prosecuted, it’s not on us,” Arias said. “It’s going to be on the county district attorney.”

DA Can Deputize County Counsel: Bredefeld

Fresno County Sheriff John Zanoni said being able to seize copper wire made the county ordinance a deterrent. Before, deputies had 72 hours to prove it was stolen. Now, it can be held indefinitely.

Zanoni said during the Tuesday supervisor meeting about 20 criminals commit 80% of the crimes.

Bredefeld wanted the district attorney to deputize county counsel members if needed. He told GV Wire he wanted to move forward with or without California Attorney General Rob Bonta’s approval.

“It’s not enough to sit on our hands and wait for the AG to say something,” Bredefeld said.