§ 10-2. Novelty lighters.

(a)

Prohibitions/applicability. The retail sale, offer of retail sale, gift, or distribution of any novelty lighter within the territorial limits of the City of Pine Bluff, Arkansas, is prohibited. This prohibition is not applicable 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.

(b)

Definition. "Novelty lighter" means a lighter that has entertaining audio or visual effects, or that depicts (via logos, art work, etc.) or resembles in physical form or function articles commonly recognized as appealing to or intended for use by children ten (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.

(c)

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.

(d)

Enforcement. The provisions of this section shall be enforced by the fire marshal, any police officer, any code enforcement officer, and any other city official empowered to enforce the provisions of the City Code.

(e)

Violation/penalty. Any person or entity violating any provision of this section is guilty of a violation, and upon conviction therefor, shall be subject to a fine of no less than twenty-five dollars ($25.00) or more than five hundred dollars ($500.00), exclusive of costs.

(Ord. No. 6230, § 1, 11-5-07)