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HomeMy WebLinkAboutOrdinances_2673_CCv0001.pdf ORDINANCE NO. 2673 AN ORDINANCE OF THE CITY OF REDLANDS ADDING CHAPTER 8.50 TO THE REDLANDS 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 Presetting 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 Iighters, including the Burn Institute and several County Fire Chiefs Associations; and WHEREAS, the function of a novelty lighter can be achieved without posing a danger of public health and safety; NOW, THEREFORE, the City Council of the City of Redlands, does ordain as follows: Section 1. Chapter 8.50,entitled"Retail Sate or Distribution of Novelty Lighters,"is hereby added to the Redlands Municipal Code to read as follows: "Chapter 8.50 RETAIL SALE OR DISTRIBUTION OF NOVELTY LIGHTERS Sections: 8.50.010 Novelty Lighters--Prohibitions; inapplicability. 8.50.020 Novelty Lighter—Defined. 8,50.030 Exceptions. 8.50.040 Enforcement. 8.50.050 Violation—Penalty, 8.50.010 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 Redlands 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 or distribution center closed to the public for purposes of retail sales. 8.50.020 Novelty Lighter—Definition. "Novelty lighter" means a lighter which is. especially attractive to children ten years or younger due to a toy-like design 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. C1,1%Ordt2673 1 8.50.030 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. 8.50.040 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. 8.50.054 "Violation—Penalty. Any person violating any provision of this Chapter is guilty of an infraction." Section 2. if any word, sentence, paragraph, or portion of this ordinance is deemed invalid or unenforceable for any reason by a court of coinpetent 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. ADOPTED SIGNED AND APPROVED this 7th day of August, 2007. 3 Harrison, Mayor ATTEST: C' Clerk I, Lorrie Poyzer,City Clerk of the City of Redlands, hereby certify that the foregoing ordinance was duly adopted by the City Council at a regular meeting thereof held on the 7th day of August 2007,by the following vote: AYES: Councilmembers Gilbreath, Gil, Gallagher, Aguilar; Mayor Harrison NOES: None ABSENT: None ABSTAIN: None City Clerk WWOrd\2673 2