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ORDINANCE NO. 19,924
AN ORDINANCE TO AMEND CHAPTER 12, ARTICLE I OF THE LITTLE ROCK
CITY CODE TO ADD A SECTION TO RESTRICT NOVELTY LIGHTERS; DECLARING
AN EMERGENCY; AND FOR OTHER PURPOSES.
WHEREAS, youth fire setting has been identified as a fast growing fire threat in the United States;
and
WHEREAS, since 1994 the United States has had Consumer Product Safety Commission ( "CPSC ")
Standards requiring lighters to be child resistant; and
WHEREAS, such standards have resulted in a 67% reduction in cigarette lighter child play fires
involving children under the age of 5; and
WHEREAS, novelty lighters have features which are attractive to children, including visual effects,
flashing lights, musical sounds and toy -like designs; and
WHEREAS, even with child resistant requirements, some children can defeat the child resistant
features given enough time; and
WHEREAS, the U. S. CPSC has recalled thousands of novelty lighters since 1996 due to the danger
posed to public safety; and
WHEREAS, the CPSC standard is designed to be child resistant, not child proof; and
WHEREAS, a child at the point of fire origin may be severely injured well before a remote smoke
alarm can sound; and
WHEREAS, many public safety agencies support the prohibition of the sale and distribution of
novelty lighters; and the National Fire Protection Agency, National Volunteer Fire Council, Western Fire
Chiefs Association and the National Association of State Fire Marshals have lent their support to this
issue; and
WHEREAS, it is in the best interests of the citizens and residents of the City that Chapter 12,
Article I of the Little Rock City Code be amended to add a section to restrict novelty lighters.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE
ROCK, ARKANSAS:
Section 1: Chapter 12 of the Little Rock City Code (Rev. 1988) is amended to add a new section to
read as follows:
Sec. 12-14. Novelty Lighters.
(a) Prohibitions, inapplicability. The retail sale, offer of retail sale, gift or distribution of any
novelty lighter within the territorial jurisdiction of the City of Little Rock 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.
Ordinance
To amend Code to restrict novelty lighters
[PAGE 1 OF 3]
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(b) Definition. "Novelty lighter" means a lighter:
(1) that has entertaining audio or visual effects, such as the depiction of logos, decals,
art work, or,
(2) That resembles in physical form or function articles commonly recognized as appealing
to or intended for use by young children, particularly those ten (10) years of age or
younger; articles which are commonly recognized as appealing to or intended for use
by young children include, but are not limited to, lighters that depict or resemble
cartoon characters, toys, guns, watches, telephones, musical instruments, vehicles,
human body or parts of the human body, animals, food or beverages, or that play
musical notes or have flashing lights or other entertaining features; and
(3) That operates on any fuel, including butane or liquid fuel.
Exceptions. The term "novelty lighter" excludes: (1) any lighter manufactured prior to 1980;
and (2) any lighter which lacks fuel or a device necessary to produce combustion or a flame.
(c) Enforcement. The provisions of this section shalt be enforced by the fire marshal, any
police officer, any code enforcement officer, and any other City official authorized to
enforce any provision of the Little Rock City Code.
Section 2. Severability. In the event any portion of this ordinance is declared or adjudged to be
invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of
this ordinance, which shall remain in full force and effect as if the portion so declared or adjudged
invalid or unconstitutional was not originally a part of this ordinance.
Section 3. Repealer. All ordinances and resolutions, and parts thereof, which are in conflict with
any provision of this ordinance are hereby repealed to the extent of such conflict.
Section 4. Emergency. It has been found and determined that novelty lighters are hazardous to
children and an immediate need exists to prohibit their sate within the City limits in order to protect
the public health, safety, and welfare of the City and the inhabitants thereof. It is therefore declared
that an emergency exists and this Ordinance, being necessary for the immediate preservation of the
public health, safety, and welfare, shall be in force and take effect immediately upon and after its
passage.
ADOPTED: February 19, 2008
ATTEST:
Nancy ood, ity Clerk
Ordinance
To amend Code to restrict novelty lighters
[PAGE 2 OF 3]
1 APPROVED AS TO LEGAL FORM:
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4 Thomas M. Carpenter, City torney
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Ordinance [PAGE 3 OF 3]
To amend Code to restrict novelty lighters