HomeMy WebLinkAboutCC ORD 2007-2294 Adds Ch. 10.21, retail sale or distribution of novelty lighters (10.21)ORDINANCE NO. 2007 — 2294
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AMENDING TITLE 10 THE NATIONAL CITY
MUNICIPAL CODE BY ADDING CHAPTER 10.21
THERETO, PROHIBITING 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 their danger to public safety; and
WHEREAS, juvenile firesetting 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 public safety agencies support the prohibition of the sale
and distribution of novelty lighters, including the Burn Institute and the San Diego County
Fire Chiefs Association; and
WHEREAS, functions of novelty lighters can be achieved without posing a
danger to public health and safety.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
National City as follows:
Section 1. That Chapter 10.21 is hereby added to the National City Municipal
Code to read as follows:
Chapter 10.21
RETAIL SALE OR DISTRIBUTION OF NOVELTY LIGHTERS
Sections:
10.21.010 Novelty lighters — Prohibitions; inapplicability.
10.21.010 Definition.
10.21.010 Exceptions.
10.21.010 Enforcement
10.21.010 Violation —Penalty.
10.21.010 Novelty lighters — Prohibitions; inapplicability. Beginning on June 1,
2007, the retail sale, offer of retail sale, gift or distribution of any novelty lighter within the
territorial jurisdiction of the City of National City 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 closed to the public for purposes of
retail sales.
Ordinance No. 2007 — 2294
Page 2
10.21.020 Definition. "Novelty lighter" means a lighter which is especially
attractive to children ten years or younger due to a toy -like design or other features, such
as buttons or devices that initiate visual effects, flashing lights, or musical sounds that
might encourage a child to use the lighter.
10.21.030 Exceptions. 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.
10.21.040 Enforcement. The provisions of this chapter shall be enforced by
the fire marshal, any police officer, any code conformance officer, and any other City
official authorized to enforce any provision of the Municipal Code.
10.21.050 Violation —Penalty. Any person violating any provision of this
chapter is guilty of an infraction and, upon conviction therefor, shall be punished as
prescribed in Section 1.20.010.
Section 2. If any word, sentence, paragraph, or portion of this ordinance is
deemed invalid or unenforceable for any reason by a court of competent jurisdiction, the
City Council hereby declares its intent that all remaining words, sentences, paragraphs or
portions of the ordinance not be held to invalid or unenforceable shall remain in full force
and effect, and shall be so construed, as if the original ordinance did not contain the
invalid or unenforceable language.
PASSED and ADOPTED this 15th day of , 2007.
ATTEST:
F ot% Michael Dalla, City Clerk
APPROVED AS TO FORM:
George H.'Eiser, III
City Attorney
on Morrison, Mayor
Passed and adopted by the Council of the City of National City, Califomia, on May 15,
2007, by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
By:
RON MORRISON
Mayor of the City of National City, California
A i
City CI of the City of Ntional City, California
Deputy
1 HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven
calendar days had elapsed between the day of its introduction and the day of its final
passage, to wit, on May 1, 2007, and on May 15, 2007.
I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or
that the reading of said ordinance in full was dispensed with by a vote of not less than a
majority of the members elected to the Council and that there was available for the
consideration of each member of the Council and the public prior to the day of its
passage a written or printed copy of said ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO. 2007-2294 of the City Council of the City of National City, passed
and adopted by the Council of said City on May 15, 2007.
By:
City Clerk of the City of National City, California
Deputy