HomeMy WebLinkAbout2007-062 Novelty Lighter Sales Prohibition; YMC Addition 10.12 ORDINANCE 2007- 62
AN ORDINANCE relating to health and safety; adding Chapter 10 12 to the Yakima
Municipal Code to prohibit the retail sale or distribution of novelty lighters
WHEREAS, novelty lighters have features which are attractive to children, including visual
effects, flashing lights, musical sounds, or toy -like designs, and
WHEREAS, the Consumer Product Safety Commission has recalled thousands of novelty
lighters since 1996 due to their danger to public safety; and
WHEREAS, juvenile fire setting has been identified as the fastest growing fire threat in
the United States with more than 300 people killed, 30 percent being children, and almost $1
billion in property destroyed; and
WHEREAS, many local and national public safety agencies support the prohibition of the
sale and distribution of novelty lighters, the National Fire Protection Agency, Western Fire
Chiefs Association, National Association of State Fire Marshals, Yakima County Safe Kids,
Citizens for Safe Yakima Valley Communities, Yakima School District #7, and Yakima Valley
Fire and Injury Prevention Association have all lent their support to this issue, and
WHEREAS, the function of a lighter can be achieved without the novelty attraction to
children, now, therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA.
Section 1. The following new chapter entitled "Retail Sale or Distribution of Novelty
Lighters" is hereby added as Chapter 10 12 the City of Yakima Municipal Code to read as
follows
Chapter 10.12
RETAIL SALE OR DISTRIBUTION OF NOVELTY LIGHTERS
Sections.
10.12.010 Novelty Lighters - Prohibitions, inapplicability
10.12.020 Novelty Lighter - Defined.
10.12.030 Exceptions.
10.12.040 Enforcement.
10.12.050 Violation - Penalty
Ordinance /novelty lighters/Page 1 of 2
10.12.010 Novelty lighters - Prohibitions, inapplicability
The retail sale, offer of retail sale, gift or distribution of any novelty lighter within the
territorial jurisdiction of the City of Yakima is prohibited This prohibition is
inapplicable to (1) novelty lighters which are only being actively transported
through the City; or (2) novelty lighters located in a warehouse distribution center
closed to the public for purposes of retail sales.
10.12.020 Novelty Lighter - Definition. "Novelty lighter"
means a lighter which is especially attractive to children ten years or younger due to
a toy -like design 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, or that play musical notes or have flashing lights or other
entertaining features. A novelty lighter may operate on any fuel, including butane or
liquid fuel
10.12.030 Exceptions.
The term novelty lighter excludes:
(1) Any lighter manufactured prior to 1980; and
(2) Any lighter which Tacks fuel or a device necessary to produce combustion or a
flame
10.12.040 Enforcement. The provisions of this Chapter shall
be enforced by the Fire Marshal, any police officer, any code enforcement officer,
and any other City official authorized to enforce any provision of this Code
10.12.050 Violation - Penalty Any person violating any
provision of this Chapter is guilty of an infraction and subject to a fine of $250 00
Section 2. This ordinance shall be in full force and effect 30 days after its passage,
approval, and publication as provided by law and by the City Charter
PASSED BY THE CITY COUNCIL, SIGNED AND APPROVED this 1 1 th day of
December ,2007
i
David Edler, Mayo
ATTEST
4 -& - taLk
City Clerk
Publication Date: 12/14/07
Effective Date 01/13/08
Ordinance /novelty lighters/Page 2 of 2
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No )9
For Meeting Of December 11, 2007
ITEM TITLE. Ordinance to ban the sale or distribution of novelty lighters within the City of Yakima.
SUBMITTED BY. Chief Charlie Hines
CONTACT PERSON/TELEPHONE Ron Melcher Deputy Fire Marshal — 576 -6353
SUMMARY EXPLANATION A "novelty lighter" is a lighter designed to be especially attractive to children
10 years of age and younger by resembling a cartoon character, animal or musical instrument or due to a
toy -like design or other features such as buttons or devices that initiate visual effects, flashing lights or
musical sounds that encourage a child to use the lighter The citizens of Yakima have experienced fires
and suffered burn injuries as a direct result of "novelty lighters."
Several communities throughout the Nation have realized the dangers of novelty lighters and have banned
the banned the sale and distribution of them. The City of Yakima Public Safety Committee has voted
unanimously to recommend to the City Council, banning the sale and distribution of novelty lighters in
Yakima.
The following organizations support the ban of novelty lighters.
• Yakima County Commissioners
• Yakima School District No 7
• Yakima Valley Fire & Injury Prevention Association
• "SAFE KIDS" of Yakima County
• Citizens for Safe Yakima Valley Communities
• National Fire Protection Association
• Western States Fire Chiefs Association
The Yakima Fire Department has contacted sixty -four retail store owners and managers, have educated
them about the dangers of novelty lighters and informed them about the possibility of a ban. Only one
retailer voiced an objection.
Resolution Ordinance x Other (Specify)
Contract Mail to (name and address)
Phone
Funding Source
APPROVED FOR SUBMITTAL. � SN City Manager
STAFF RECOMMENDATION Adopt Ordinance
BOARD /COMMISSION RECOMMENDATION
COUNCIL ACTION