Fiscal Note
There may be a minor increase in General Fund revenues derived from fines and forfeitures.
Title
Creating Section 34.34 of the Madison General Ordinances to enact a ban on the sale of novelty lighters.
Body
DRAFTER'S ANALYSIS: This ordinance creates Section 34.34 entitled "Ban on Sale of Novelty Lighters." Novelty lighters are defined as lighters that are attractive to children due to their appearance. Novelty lighters are lighters disguised to appear as toys, weapons, household items, or other items attractive to children. They often have sounds or lights attached to them which attract children. Lighters are an inherently dangerous item and therefore, lighters that are geared towards attracting children are banned under this ordinance.
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The Common Council of the City of Madison do hereby ordain as follows:
Section 34.34 entitled "Ban on Sale of Novelty Lighters" of the Madison General Ordinances is hereby created to read as follows:
"34.34 BAN ON SALE OF NOVELTY LIGHTERS.
(1) Intent and Purpose. The Common Council of the City of Madison hereby finds that:
(a) Novelty lighters have features which are attractive to children, including visual effects, flashing lights, musical sounds, or toy-like designs.
(b) Designing lighters to disguise their true function increases the risk of injury and attract children. Novelty lighters are easily mistaken by children and adults as children's toys or common household items.
(c) Novelty lighters are inherently dangerous products containing flammable fuel. If lighters are used incorrectly or used by children, dangerous and damaging consequences may result.
(d) Disguising the true function of an inherently dangerous product unnecessarily threatens the health and safety of the citizens of Madison.
(e) Novelty lighters have been the cause of many personal injuries to children and adults and to property damage throughout the United States.
(f) The Consumer Product Safety Commission has recalled thousands of novelty lighters since 1996 due to their danger to public safety.
(2) Definitions.
"Lighter" means a mechanical or electronic device that ignites a flame, typically used for lighting tobacco products.
"Novelty Lighter" means a lighter which is especially attractive to children due to a toy-like design. This includes, but is not limited, to lighters that depict or resemble cartoon characters, toys, weaponry, household products, watches, musical instruments, vehicles, toy animals, food or beverages, or that play musical notes or have flashing lights or other entertaining features.
(3) Ban on Sale. The retail sale, offer of retail sale, gift or distribution of any novelty lighter is prohibited.
(4) Penalty. Any person who violates this Section is subject to a forfeiture of up to five hundred dollars ($500) per day. Each day that a violation occurs shall be construed a separate offense."