Chapter 9.21
NOVELTY LIGHTERS – PROHIBITION

Sections:

9.21.010    Prohibitions.

9.21.020    Definition.

9.21.030    Exceptions.

9.21.040    Enforcement.

9.21.050    Violation – Penalty.

9.21.010 Prohibitions.

The retail sale, offer of retail sale, gift or distribution of any novelty lighter within the territorial jurisdiction of the City of Sunnyside is prohibited. This prohibition is inapplicable to: (A) novelty lighters which are only being actively transported through the city; or (B) novelty lighters located in a warehouse closed to the public for purposes of retail sales. [Ord. 2199 § 1, 2008.]

9.21.020 Definition.

“Novelty lighter” means a lighter that has entertaining audio or visual effects, or that depicts (logos, decals, art work, etc.) or resembles in physical form or function articles commonly recognized as appealing to or intended for use by children 10 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. [Ord. 2199 § 1, 2008.]

9.21.030 Exceptions.

The term “novelty lighter” excludes: (A) any lighter manufactured prior to 1980; and (B) any lighter which lacks fuel or a device necessary to produce combustion or a flame. [Ord. 2199 § 1, 2008.]

9.21.040 Enforcement.

The provisions of this chapter shall be enforced by the Fire Chief or designated Fire Marshal, any police officer, any code enforcement officer, and any other City official authorized to enforce any provision of the Sunnyside Municipal Code. [Ord. 2199 § 1, 2008.]

9.21.050 Violation – Penalty.

Any person or entity violating any provision of this chapter is guilty of an infraction, and upon conviction shall be subject to a fine or penalty of not less than $25.00 nor more than $500.00. [Ord. 2199 § 1, 2008.]