(A) Definitions. For the purpose of this section the following definitions 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 articles commonly recognized as appealing to or intended for use by children fifteen (15) 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 that play musical notes or have flashing lights or other entertaining features. A novelty lighter may operate by any fuel, including butane or liquid fuel.
(B) Exceptions. A novelty lighter does not include any lighter the design of which was manufactured prior to 1980; or any lighter that lacks sufficient fuel capacity or other device necessary to produce combustion or flame.
(C) Prohibition, Prohibition, inapplicability. The manufacturing, retail sale, offer of retail sale, gift or distribution of any novelty lighter within the jurisdictional boundaries of the city is prohibited. This prohibition is inapplicable 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 Chief or his appointed Fire Department Designee or any Police Officer, any Code Enforcement Officer, and any other City Official authorized to enforce any provision of the city ordinances.
(Ord. 9-2008, passed 10-6-08)