Chula Vista Municipal Code Ch. 9.23 Retail Sale and Distribution of Novelty Lighters

RETAIL SALE AND DISTRIBUTION OF NOVELTY LIGHTERS

Sections:

• 9.23.010 Purpose and intent.

• 9.23.020 Definition.

• 9.23.030 Prohibition.

• 9.23.040 Exceptions.

• 9.23.050 Enforcement.

• 9.23.060 Violation and penalties.

The City Council finds and declares that:

A. Novelty lighters have features, which are attractive to children, including visual effects, flashing lights, musical sounds, or toy-like designs.

B. As a result of this attraction of novelty lighters to children, children have used novelty lighters to start fires, causing injury, death, and destruction of property.

C. Despite the Consumer Product Safety Commission’s recall of thousands of novelty lighters since 1996 due to their danger to public safety, fires caused by children playing with novelty lighters continue to occur at an increasing rate.

• D. Juvenile fire setting has been identified as the fastest growing fire threat in the United States.

E. The continued sale, offer for sale, gift, distribution, or display of novelty lighters represents a serious threat to public safety within the City of Chula Vista.

F. The functions of novelty lighters can be achieved through the sale, gift, distribution, or display of other products that do not pose the danger to public health and safety that novelty lighters present. (Ord. 3114 § 1, 2008).

For purposes of this chapter, “novelty lighter” means a lighter that has audio or visual effects, or that depicts or resembles in physical form or function, through the use of logos, decals, art work, or other features, articles commonly recognized as appealing to or intended for use by children under 18 years of age. This includes, but is not limited to, lighters that depict or resemble cartoon characters, toys, guns, watches, musical instruments, vehicles, toy animals, food or beverages; that play musical notes; that have flashing lights; that offer other entertaining features; or that have the physical appearance of other specific objects in form or function. A novelty lighter may operate on any fuel, including butane or liquid fuel. The term “novelty lighter” excludes: (1) any lighter manufactured prior to 1980; and (2) any lighter which lacks fuel or a device necessary to produce combustion or a flame. (Ord. 3114 § 1, 2008).

It is unlawful for any person, business, corporation, or organization to sell, offer for sale, give, distribute, or display with intent to sell, give, or distribute any novelty lighter in the City of Chula Vista. (Ord. 3114 § 1, 2008).

The prohibition of this chapter is inapplicable to: (1) novelty lighters that are solely being actively transported through the City for sale, gift, or distribution outside of the City, with written documentation of such transportation; or (2) novelty lighters located in a distribution center closed to the public for purposes of retail sales or distribution outside the City of Chula Vista. The provisions of this chapter shall not apply where prohibited or preempted by State or Federal law. (Ord. 3114 § 1, 2008).

The provisions of this chapter shall be enforced by the Fire Marshal and his or her designees, any Police Officer, any Code Enforcement Officer, and any other City official authorized to enforce any provision of this code. (Ord. 3114 § 1, 2008).

Violations of this chapter may be prosecuted as misdemeanors as provided by this code. The City may also seek any administrative remedy and/or injunctive relief and civil penalties in the Superior Court as provided by this code and California State law. (Ord. 3114 § 1, 2008).