ORD NO 41-2007 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. 1 -2007
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, AN ORDINANCE TO BE ENTITLED.
AN ORDINANCE PROVIDING FOR RESTRICTIONS ON
THE SALE AND PURCHASE OF NOVELTY LIGHTERS;
IMPOSING FINES FOR VIOLATIONS OF THIS
ORDINANCE; DECLARING AN EMERGENCY, AND FOR
OTHER PURPOSES.
WHEREAS, juvenile fire setting, like the recent fire in Russellville Arkansas that led to the loss
of life to two children, has been identified as a fast growing fire threat in the United
States; and
WHEREAS, novelty lighters have features which are attractive to children, including visual
effects, flashing lights, musical sounds and toy -like designs, examples of which have
been shown to the Van Buren City Council; and
WHEREAS, the Consumer Product Safety Commission has recalled thousands of novelty lighters
since 1996 due to the danger posed to public safety; and
WHEREAS, functions of novelty lighters can be achieved without posing a danger to public health
and safety; and
WHEREAS, many public safety agencies support the prohibition of the sale and distribution of
novelty lighters; the National Fire Protection Agency, National Volunteer Fire
Council, Western Fire Chiefs Association, the National Association of State Fire
Marshals, and the Van Buren Fire Department; and
WHEREAS, the Van Buren City Council finds that the dangers posed by these novelty lighters is
a grave threat to the health, safety and welfare of the citizens of the City of Van
Buren and further finds that an emergency exists necessitating the immediate
adoption of this Ordinance.
WHEREAS, the promulgation and adoption of this Ordinance is made pursuant to the City of Van
Buren's police power; and
WHEREAS, the City of Van Buren has found that the purposes herein require immediate
attention. for the protection of the health. welfare and safety of the inhabitants of the
City of Van Buren, and as herein set out, an emergency exists and is hereby declared
to exist, and this ordinance shall be and become effective immediately upon this
passage and adoption by the City Council.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VAN BUREN, ARKANSAS:
SECTION 1: The retail sale, offer of retail sale, gift or distribution of any novelty lighter within the
territorial jurisdiction of the City of Van Buren is prohibited.
SECTION 2: The term "novelty lighter" means a lighter that has entertaining audio or visual effect,
or that depicts, through the use of logos, decals, art work, or by other means, or that
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.
SECTION 3: Exceptions: The term "novelty lighter' shall exclude: (1) any lighter manufactured
prior to 1980; and (2) any lighter which lacks fuel; or (3) any lighter which lacks a
device necessary to produce combustion or a flame.
SECTION 4: 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
authorized to enforce any provision of the Van Buren Code of Ordinances.
SECTION 5: Violation; Penalty: Any person or entity violating any provision of this section is
guilty of an infraction, and upon conviction therefore, shall be subject to a fine or
penalty of not less that $50.00 nor more than $500.00.
SECTION 6: Emergency Clause. The Van Buren City Council has determined that an emergency
exists and that the immediate adoption and enforcement of this ordinance being
necessary for the public peace, health, safety and welfare, the provisions hereof shall
be in full force and effect from and after its passage.
SECTION 7: The various provisions and parts of this Ordinance are hereby declared to be
severable, and, if any section or part of a section, or any provision or part of a
provision herein, is declared to be unconstitutional, inappropriate, or invalid by any
court of competent jurisdiction, such holding shall not invalidate or affect the
remainder of this Ordinance and to that extent the provisions hereto are declared to
be severable.
SECTION 8: All ordinances, resolutions or other acts of the City in conflict with the terms hereof
are repealed to the extent of any such conflict.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass,
approve, and adopt, by a vote of S for and 2) against, the foregoing Ordinance at its
meeting held on the 17 day of December 2007.
Robert D.Fr- d -+a••r
ATTESTED: APPROVED AS TO FORM:
6 .0 NASH
Barbie Curtis, City Clerk/Treasurer N. Donal. Jenki s, J'r -,City ttorney