1327 ORDINANCE NO. 1327 ( #26 - 07)
AN ORDINANCE CREATING JACKSONVILLE MUNICIPAL CODE § 8.18
PROVIDING RESTRICTIONS FOR NOVELTY LIGHTERS; DECLARING AN
EMERGENCY; AND FOR OTHER PURPOSES.
WHEREAS, novelty lighters have features which are attractive to children,
including visual effects, flashing lights, musical sounds, and toy -like designs, so
much so that the Consumer Product Safety Commission has recalled thousands of
novelty lighters due to the danger posed to public safety, particularly to juveniles;
WHEREAS, many public safety agencies support the prohibition of the sale
and distribution of novelty lighters because the functionality of novelty lighters can
be provided without creating a danger to public health and safety. The National Fire
Protection Agency, National Volunteer Fire Council, Western Fire Chiefs' Association,
the National Association of State Fire Marshals, and local fire departments have
urged prohibition and /or restrictions of the sale novelty lighters; and,
WHEREAS, it is in the best interests of the citizens and residents of the City
that the Jacksonville Municipal Code be amended to restrict the sale and use of
novelty lighters.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF JACKSONVILLE, ARKANSAS, THAT
SECTION ONE: The Jacksonville Municipal Code §8.18 shall be created to
provide as follows:
JMC i' 8.18 NOVELTY LIGHTERS
JMC §8.18.010 - PROHIBITIONS. The retail sale, offer of retail sale, gift, or
distribution of any novelty lighter within the territorial jurisdiction of the City of
Jacksonville is hereby 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.
JMC §8.18.020 - DEFINITIONS. "Novelty lighter" means a lighter that has
entertaining audio or visual effects that depicts (logos, decals, art work, etc.), or
that resembles in physical form or function articles commonly recognized as
appealing to or intended for use by children Ten (10) years of age or younger. 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.
JMC §8.18.030 - EXCEPTIONS. The term "novelty lighter" shall exclude: a)
any lighter manufactured prior to 1980; and, b) any lighter which lacks fuel or a
device necessary to produce combustion or a flame.
JMC §8.18.040 - ENFORCEMENT. The provisions of this Chapter shall be
enforced by the Fire Marshal, any Law Enforcement Officer, any Code Enforcement
Officer, and any other City official authorized to enforce provisions of the
Jacksonville Municipal Code.
ORDINANCE NO. 1327 ( #26 — 07)
PAGE TWO
JMC §8.18.050 — PENALTY. Any person or entity violating any provision of
this section is guilty of an infraction and, upon conviction thereof, shall be subject to
a fine or penalty of not less than $25.00 nor more than $500.00, together with
applicable court costs.
SECTION TWO: This Ordinance or parts of this Ordinance in conflict
herewith are hereby repealed to the extent of said conflict.
SECTION THREE: The provisions of this Ordinance are hereby declared to
be severable. If any section, phrase, or provision shall be declared or held invalid,
such invalidity shall not affect the remainder of the sections, phrases, or provisions.
SECTION FOUR: It is hereby found and determined that the passage of
this Ordinance is necessary in order better provide for the health, safety, and
welfare of the young citizens of the City of Jacksonville, Arkansas. Therefore, an
emergency is hereby declared to exist, and this Ordinance shall be in full force and
effect from and after its passage and approval.
APPROVED AND ADOPTED THIS Lo I A DAY OF DECEMBER, 2007.
CITY OF JACKSONVILLE, ARKANSAS
TO MY SWA , MAYOR
ATTEST:
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