The purpose of this chapter is to prohibit the sale or distribution of novelty lighters, as defined, within the city of Highland.
(Ord. 317 § 1, 2007)
A.
The city council finds that novelty lighters as defined herein that resemble cartoon characters, animals or musical instruments are especially appealing to young children.
B.
The city council finds that burn injuries are extremely painful, disfiguring and life changing.
C.
Arrowhead Regional Medical Center, on average, treats three children per year involved with ignition of clothing related to playing with fire.
D.
Enticing children to play with or view lighters not as a tool, but as a toy, will set the stage to increase the number of children injured by fire.
E.
The city council finds that some, but not all, novelty lighters meet the standards of the 1994 Child Safety Protection Act.
F.
The city council finds that it is necessary to implement regulations and procedures that prohibit the retail sale and/or distribution of novelty lighters, as defined, as necessary and prudent to protect the public peace, safety and welfare.
G.
The city council finds that regulating the retail sale and/or distribution of novelty lighters, as defined, relates to the proper exercise of the city's police power to protect the health, safety and welfare of the public.
(Ord. 317 § 1, 2007)
A. "Novelty lighter"
means a lighter designed to be especially attractive to children 10 years of age and younger by resembling a cartoon character, animal or musical instrument, or due to a toy-like design or other features, such as buttons or devices that initiate visual effects, flashing lights, or musical sounds to encourage a child to use the lighter.
B. A "novelty lighter"
does not include any lighter manufactured prior to 1980 or any lighter that lacks sufficient fuel or other device necessary to produce combustion or a flame.
(Ord. 317 § 1, 2007)
No person shall sell at retail, permit to be sold, or otherwise distribute a novelty lighter in the city of Highland.
(Ord. 317 § 1, 2007)
In addition to any other penalties provided in this municipal code, any condition caused or permitted to exist in violation of any of the provisions of this chapter shall constitute a public nuisance and may be abated by the city by civil process by means of a restraining order, preliminary or permanent injunction of such nuisance. The city shall further be reimbursed its attorneys' fees and costs of abatement as provided by law.
(Ord. 317 § 1, 2007; Ord. 370 § 33, 2012)
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter or any part thereof is for any reason held by a court of competent jurisdiction to be unconstitutional, illegal or unenforceable, such decision shall not affect the validity of the remaining portion of this chapter or any part thereof.
(Ord. 317 § 1, 2007)
