After nearly a year, California’s lead attorney has greenlit a Fresno County copper wire theft ordinance, clearing the way for the stricter rules to be implemented countywide.

In an opinion published Thursday, Attorney General Rob Bonta said the county ordinance does not conflict with state law, though he said in the opinion he recognizes how it could have been interpreted that way.

Bonta’s letter recognizes the problem of copper wire theft and the state law’s limitations.

“Fresno’s ordinance is the product of years of trying to address the local problem of copper wire theft using tools, such as Penal Code section 496, that failed to serve the purpose,” the opinion stated.

This comes amid a split between Fresno County District Attorney Lisa Smittcamp and Fresno City Attorney Andrew Janz. Smittcamp wanted to wait to get the all clear before prosecuting under the rule while Janz moved forward.

Smittcamp told GV Wire her office already has two cases ready to prosecute using the ordinance. A third needs more evidence, but she said her office will “immediately” move forward with the ones that didn’t meet the state threshold for prosecution.

“It’s really great for our county, it’s really great for every ag county, and I’m really happy and excited that we are going to be able to have a lot more latitude to go after these copper wire thieves and people who are attempting to recycle this,” Smittcamp said.

Smittcamp Wants County Ordinance Implemented Statewide

After the opinion came out, Smittcamp said her next calls will be to State Sen. Shannon Grove, R-Bakersfield, and Assemblymember David Tangipa, R-Clovis, about drafting a statewide ordinance.

While her office regularly uses state law to prosecute, it has its limitations. She said the ordinance makes it easier to prosecute without the same burdens of proof.

“There was a lot of hoops we had to go through when we knew for a fact that people were doing this type of behavior,” Smittcamp said. “But the law made it very difficult to prove beyond a reasonable doubt in a court of law.”

Smittcamp said the ordinance should be a model for the state, which in 2025 brought together Fresno City Council, Fresno County Supervisors, Fresno County Counsel, Fresno City Attorney, Fresno County Sheriff’s Department, and the Fresno Police Department.

Fresno County Board Chair Garry Bredefeld said Bonta’s opinion now means the county can prosecute under the “strong ordinance.”

“Copper wire theft has harmed residents, businesses, farmers, and critical infrastructure throughout our county,” Bredefeld said. “This ruling sends a strong message: Fresno County will not tolerate these crimes.”

‘We Need All the Help We Can Get’: Janz

The April 2025 rule prohibited carrying more than 10 pounds of copper wire without proof of ownership. When supervisors approved the rule, Smittcamp told them she wouldn’t enforce it as it could conflict with state law and those prosecutions could be overturned.

Janz, however, moved forward with the ordinance as Fresno city councilmembers shortly after approved a similar rule.

Janz said with the opinion now published, the two bodies can work together.

“I’m happy the county is now in the position to prosecute,” Janz told GV Wire. “We need all the help we can get.”

The major issue was the matter of criminalizing possession without proving a crime was committed. Smittcamp said that the county or the city could have been held liable for civil penalties for false imprisonment or wrongful arrest.

Janz at the time said “good faith” enforcement would protect the city from potential civil litigation.

However, Bonta’s letter said Fresno County’s ordinance goes beyond punishing for simple possession. Bonta called it a “public welfare” offense where weight and material limits clearly outline the level of burden of proof.

Smittcamp said with the opinion in hand, prosecutors can move forward without fear of reprisal from defense attorneys or courts of appeal for a wrongfully crafted ordinance.

“When the state attorney general says, ‘Hey, this is good law and this does not preempt state law,’ then I think we definitely have room to talk about it on a statewide basis,” Smittcamp said.