The purpose of this chapter is to prohibit sales and distribution of novelty lighters in order to reduce their availability to the general public, and particularly to children. It is presumed that banning sales and distribution of such devices will address safety concerns regarding the high incidence of juvenile firesetting.
(Ord. 4885 § 1, 2007)
The city council of the city of El Cajon finds and determines that:
A. 
Novelty lighters have features that are attractive to children, including visual effects, flashing lights, musical sounds, or toy-like designs; and
B. 
The Consumer Product Safety Commission has recalled thousands of novelty lighters since 1996 due their danger to public safety; and
C. 
Juvenile firesetting has been identified as the fastest growing fire threat in the United States, with more than three hundred people killed, thirty percent being children, and almost one billion dollars in property destroyed; and
D. 
Many public safety agencies support the prohibition of the sale and distribution of novelty lighters, including the Burn Institute and the San Diego County Fire Chiefs Association; and
E. 
Functions of novelty lighters can be achieved without posing a danger to public health and safety.
(Ord. 4885 § 1, 2007)
This chapter may be known and cited as "Retail Sale or Distribution of Novelty Lighters."
(Ord. 4885 § 1, 2007)
Beginning on September 1, 2007, the retail sale, offer of retail sale, gift or distribution of any novelty lighter within the territorial jurisdiction of the city of El Cajon is prohibited. This prohibition is inapplicable to: (1) novelty lighters which are only being actively transported through the city; or (2) novelty lighters located in a warehouse closed to the public for purposes of retail sales.
(Ord. 4885 § 1, 2007)
"Novelty lighter"
means a lighter that is especially attractive to children ten years or younger due to a toy-like design or other features, such as buttons or devices that initiate visual effects, flashing lights, or musical sounds that might encourage a child to use the lighter. This includes, but is not limited to, lighters of the shape that resembles cartoon characters, toys, guns, watches, telephones, musical instruments, sporting equipment, vehicles, human body or parts of the human body, animals, food or beverages, moving objects, or other entertaining features.
(Ord. 4885 § 1, 2007)
The term novelty lighter excludes: (1) any lighter manufactured prior to 1980; and (2) any lighter that lacks fuel or a device necessary to produce combustion or a flame.
(Ord. 4885 § 1, 2007)
The provisions of this chapter shall be enforced by the fire marshal, any police officer, any code conformance officer, and any other city official authorized to enforce any provision of the Municipal Code.
(Ord. 4885 § 1, 2007)
A. 
Any person violating any provision of this chapter is guilty of an infraction and, upon conviction therefor, shall be punished as prescribed in Chapter 1.24 of the El Cajon Municipal Code (Sections 1.24.010 through 1.24.080).
B. 
As an alternative to enforcement of this chapter in accordance with subsection A of this section, any person violating any provision of this chapter may be issued an administrative citation for each and every violation, as prescribed in Chapter 1.14 of the El Cajon Municipal Code (Sections 1.14.010 through 1.14.050).
(Ord. 4885 § 1, 2007)