(A) Definitions. For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
NOVELTY LIGHTER. A lighter that has entertaining audio or visual effects, or that depicts (logos, decals, art work, and the like) or resembles in physical form or function:
(a) Articles commonly recognized as appealing to or intended for use by children ten years 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 those features that initiate visual effects, play musical notes or have flashing lights or;
(b) Any other article such that it is not readily identifiable as a lighter. A NOVELTY LIGHTER may operate by any fuel, including butane or liquid fuel.
(B) Exceptions. A novelty lighter does not include any lighter manufactured prior to 1980; or any lighter that lacks a device necessary to produce combustion or flame.
(C) Prohibition; inapplicability. The retail sale, offer of retail sale, gift or distribution of any novelty lighter within the jurisdiction boundaries of Metro Louisville is prohibited. This prohibition is applicable to:
(1) Novelty lighters which are being actively transported through the city; or
(2) Novelty lighters located in a warehouse closed to the public for purpose of retail sales.
(D) Enforcement. The provisions of this section shall be enforced by the Fire Marshal or any Fire Department, any Police Officer, and any other city official authorized to enforce any provisions of this subchapter.
(E) Defenses. It shall be a defense to this section if prior to the retail, sale, offer of retail sale, gift, or distribution the person or entity engaged in the retail sale, offer of retail sale, gift, or distribution obtains written certification from the Fire Chief of the city or Fire District in which the transaction occurs that the lighter does not constitute a “novelty lighter” as defined in this subchapter.
(Lou. Metro Ord. No. 27-2009, approved 3-16-2009) Penalty, see § 94.99