(A) Prohibitions; inapplicability.
(1) The retail sale, offer of retail sale, gift of or distribution of any novelty lighter within the territorial jurisdiction of the city is subject to the following restrictions:
(a) Novelty lighters shall be at a minimum of 48 inches off the ground, floor or surface of the facility;
(b) In order to purchase any novelty lighter the person must have a photographic identification; and
(c) Novelty lighters shall not be displayed or offered for sale with children's toys.
(2) Any retail establishment which has a minimum age of 18 years of age for entrance into the facility is excluded from these requirements.
(B) Definition. NOVELTY LIGHTER. A lighter that has entertaining audio or visual effect, or that depicts, through the use of logos, decals, art work, or by other means, or that resembles in physical form or function articles commonly recognized as appealing to or intended for use by children ten 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.
(C) Enforcement. The provisions of this section shall be enforced by the New Albany Fire Marshal, any police officer, any code enforcement officer, and any other city official authorized to enforce any provision of the New Albany Municipal Code.
(D) Violation; penalty. Any person or entity violating any provision of this section is guilty of an infraction and upon a conviction thereof, shall be subject to a fine or penalty of $250 for each violation. For the purpose of violation, each day of violation shall be considered a separate offense. Fifty percent of all fines collected under the provisions of these restrictions shall be deposited into a non-reverting Fire Prevention Fund for use by the Fire Department to educate the citizens of New Albany regarding fire prevention and safety.
(E) Severability clause. The provisions of this section are separable and, upon any finding that any provision of this section is unenforceable, the remaining provisions shall be enforceable according to their terms.
(Ord. G-08-20, passed 6-2-2008)