HomeMy WebLinkAbout2008-OR-111 O~dinartce fVo,: -2008.OR?~ {
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4 AN ORDINANCE PROHIliITING THE SALE AND DISTRIBUTION OF NOVELTY
5 LIGHTERS IN THE CITY OF JEFFERSONVII.LE INDIANA
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8 WHEREAS, the Jeffersonville City Council is vested with the power, duty and
9 obligation to enact ordinances and laws that are designed to provide for public
l0 safety, health and welfare of the citizens of Jeffersonville, Indiana;
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12 WHEREAS, empirical evidence exists to support the conclusion that novelty
13 lighters pose a threat to the safety, health and welfare of the citizens of
14 Jeffersonville, Indiana;
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is WHEREAS, the purpose of this ordinance'is to prohibit sales and distdbution of
17 novelty lighters within the City of Jeffersonville, Indiana in order to reduce their
1a availability to the general public, and, more particularly to children. It is the belief
1g of the City Council that banning the sales and distribution of such devices will
20 reduce the high incidence of accidents among children resulting in the accidental
21 ignition of fires and/or physical injuries to the child themself.
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23 WHEREAS, the Consumer Product Safety Commission has recalled thousands
24 of novelty lighters since 1996 due to their danger to public safety; and
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26 WHEREAS, novelty lighters have features which are attractive to children,
27 including visual effects, flashing lights, musical sounds, and/or toy-like designs;
2E and
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30 WHEREAS, youth fire setting has been identified as a leading cause of
31 accidental fire in the home across the United States, and
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i WHEREAS, juvenile fire setting has been identified as the fastest growing fire
2 threat in the United States with more than 300 people killed. More than 30
3 percent of those killed have been children, In addition, almost $1 billion in
4 property has been destroyed as a result of these incidents; and
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6 WHEREAS, many public safety agencies support the prohibition of the sale and
~ distribution of novelty lighters; and
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9 WHEREAS, the function of a novelty lighter can be achieved without posing a
3o danger of public health; and
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12 WHEREAS, the. Gity.Council ackriewletlges their role,'in the protection of the
13 Citizens of Jeffersonuille, especially our ritost vulernable ..the chjldren
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15 WHEREAS, the Fire Department of the City of Jeffersonville supports this
16 Ordinance as a mechanism to assist in their efforts to protect the lives of the
I~ citizens and residents of the City of Jeffersonville, Indiana; and
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19 NOW, THEREFORE, BE IT ORDAINED THAT: the City Council of the City of
20 Jeffersonville does ordain as follows:
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22 Section One: Novelty Lighter-Definition. "Novelty lighter" means a
~g lighter which is especially attractive tg children ten (10)years
24 or younger due to a toy-like design or other features, such as
25 buttons or devices that initiate visual effects, flashing lights,
26 or musical sounds that might encourage a child to use the
2~ lighter. This includes but is not limited to, lighters that depict
28 or resemble cartoon characters, toys, guns, watches,
29 musical instruments, vehicles, toy animals, food or beverage
30 or that play musical notes or have flashing lights or other
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entertaining features. A Novelty Lighter may operate on any
fuel, including butane or liquid fuel.
Section Two:
F~rclusion: The term novelty lighter excludes:
(1) any lighter manufactured pdorto 1980; and
(2) any lighter that lacks fuel or a device necessary to
produce combustion or a flame.
Section Three: Inapplicability of Ordinance. This prohibition is inapplicable
to:
(1) novelty lighters which are being transported through the
city in interstate or infra-state commerce; or
(2) novelty lighters stored in and/or located in a warehouse
which is closed to the public. Moreover, that the storage if
for purposes of shipping and/or otherwise selling those
prohibited items either retail and/or wholesale to another
jurisdiction other than within the civil city limits of
Jeffersonville, Indiana.
Section Four: The provisions of this chapter shall be enforced by the
Jeffersonville City Fire Marshall, any police officer, any code
enforcement officer, and any other city official authorized to
enforce any provision of the City's Cade of Ordinances.
Section Five: Any person or entity violating any provision of this ordinance
is guilty of an Infraction and upon a finding therefore, shall
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be subject to a fine or penalty of not less than $500;nor more
than $2,500 plus costs.
Section Six: Severabillty Clause: If any provision of this Ordinance or
application thereof to any person or circumstance is held
unlawful or otherwise invalid such invalidity does not affect
other provisions or applications of this Ordinance which can
be given effect without the invalid application or provision
and to this end each such invalid provision or application of
this Ordinance is severable it is hereby declared to be the
intent of the Jeffersonville City Council that this Ordinance
would have been issued had any such unlawful or otherwise
invalid provision or application not be included.
This grdinance shall be in full force and effect from and after the date of Its
passage and approval and after its';lawful and legal publicafion
Vofed Agairists.
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Peg -'1~Itler, Clerk-SreasuEer