HomeMy WebLinkAbout2008/05/20 Item 9
CITY COUNCIL
AGENDA STATEMENT
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May 20, 2008
Item 9
ITEM TITLE:
AN ORDINANCE OF THE CITY OF CHULA VISTA
AM:ENDING TITLE 9 OF THE CHULA VISTA MUNICIPAL
CODE BY ADDING CHAPTER 9.23, SECTIONS 9.23.010
THROUGH 9.23.060 TO PROHIBIT THE SALE AND/OR
D[STRIBUTION OF NOVELTY LIGHTERS
FIRE CHIEV~ ''IN
CITY MA~GER tllJ\~ \
I
4/5THS VOTE: YES NO X
SUBMITTED BY:
REVIEWED BY:
SUMMARY
We must continue to address our nation's fire problem. A ban on the sale of novelty
lighters will produce an immediate measurable effect in the reduction of property loss
caused by fires, and deaths and injuries--especially to children. A "Nation-wide Call to
Action" began years ago and must carryon today. In 2006, the National Fire Protection
Association (NFP A) published that 1,642,500 fires were reported in the United States-up
3% from 2005; that equated to 3,245 civilian fire deaths, 16,400 civilian fire injuries,
$11.3 billion in property damage, and 89 firefighter deaths. These catastrophic numbers
must be acknowledged and discussed in a public forum.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed actIvity for
compliance with the California Environmental Quality Act (CEQA) and has determined
that the activity is not a "Project" as defined under Section 15378 (b) (5) of the State
CEQA Guidelines; therefore, pursuant to Section 15060 (c) (3) of the State CEQA
Guidelines the activity is not subject to CEQA. Thus, no environmental review is
necessary.
RECOMMENDATION
That Council adopt the Ordinance amending the Municipal Code by adding provisions
prohibiting the sale and/or distribution of novelty lighters within the City.
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May 20. 2008, Item~
Page 2 of4
BOARDS/COMMISSIONS RECOMi\1ENDA nON
Not Applicable.
DISCUSSION
The Nationwide Call to Action, which began two years ago by the Oregon State Fire
Marshal's office, is gaining momentum as municipalities in a growing number of states
are banning or considering banning the sale of the novelty lighters. Locally, San Diego,
El Cajon, National City, Solana Beach and Vista all currently have ordinances banning
the toy like novelty lighters. Several other local cities are currently considering moving
forward with the adoption of such an ordinance.
The Consumer Product Safety Commission (CPSC) defines novelty lighters as the
following, "lighters that depict or resemble articles commonly recognized as appealing to
or intended for use by children under five years of age." The CPSC has recalled
thousands of novelty lighters since 1996 due to their danger to public safety. In 2006, the
San Diego Bum Institute reported the following facts:
. Nationally, children who play with fire cause nearly 80,000 structure fires
per year, which result in approximately 760 deaths and more than 3,500
injuries.
. Juvenile fire setting does an estimated $1.2 billion in damage annually.
It only takes about two minutes for an open flame to set an entire room on fire, and less
than five minutes for that fire to overtake an entire house.
During President Harry S. Truman's address to the President's Conference on Fire
Prevention, he exclaimed the following:
The serious losses in life and property resulting annually from fires cause me
deep concern. I am sure that such unnecessary waste can be reduced. The
substantial progress made in the science of fire prevention and fire protection in
this country during the past forty years convinces me that the means are
available for limiting this unnecessary destruction
In the year of this address-I 947-the national fire loss was approximately $750 million.
Sixty years later-fire loss in 2006 was $11.3 billion.
Many public safety agencies support the prohibition of the sale and distribution of
novelty lighters, including the Burn Institute, San Diego County Fire Chiefs Association,
the Chula Vista Chamber of Commerce Educational Committee, and the Greater San
Diego Regional Chamber of Commerce.
Novelty lighters are designed and marketed with a purpose-they have features that are
attractive to children. Lighters in the form of cartoon characters, toys, guns, watches,
musical instruments, vehicles, toy animals, and food are just a few examples. Some
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May 20, 2008, Item 2
Page 3 of 4
novelty lighters also inchide visual features or sound effects that are entertmmng to
children, such as flashing lights or music. A novelty lighter may operate on any fuel,
inciuding butane or liquid fuel.
Photos I - 4 depict what novelty 'lighters look like.
Photo # I
Photo #2
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Chamber of Commerce: Economic Development & Education Committees
Chula Vista Fire Department staff met with the Economic Development Committee
[EDC] from the Chula Vista Chamber of Commerce on January 29, 2008. The Chula
Vista Chamber of Commerce works hand in hand with businesses, the City and members
of the community, all committed to making Chula Vista one of the nation's premier
places to live, work and play. Staff met with this committee, as they "promote economic
growth in Chula Vista by supporting and encouraging local business expansion and
relocation efforts for all categories of commerce. The committee also monitors the city's
economic development efforts within South County..." The meeting concluded with a
request to bring this presentation forward to the Chamber's Education Committee. In
accordance with this request, Chula Vista Fire Department staff met with the Education
Committee on February 28, 2008, The ban was well received by the committee members;
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May 20, 2008, Item2
Page 4 of4
they agreed that in order for such an ordinance to be successful that education must be a
part of the process.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is
not site specitic and consequently the 500 foot rule found in California Code of
. Regulations section 18704.2(a)(I) is not applicable to this decision.
FISCAL IMPACT
Adopting this ordinance would not have a fiscal impact to the Fire Department or the
City of Chula Vista.
ATTACHMENTS
Greater San Diego Regional Chamber of Commerce Support Letter (A TT ACHMENT 1)
San Diego County Fire Chiefs Association Support Letter (ATTACHMENT 2)
San Diego Burn Institute: Novelty Lighter Ban Fact Sheet (ATTACHMENT 3)
Prepared by: Justin Gipson, Fire Marshal, Fire Department
9-4
ATTACHMENT 1
SAN DIEGO
REGIONAL
CHAMBER Of
COMMERCE
March 3, 2008
James A. Floros
Executi ve Director
Bum Institute
8825 Aero Drive; Ste. 200
San Diego, CA 92123
Dear tvlr. Floros:
On behalf of the San Diego Regional Chamber of Commerce, and our 400,000 members,
please accept this lener as our endorsement of the Bum Institute's efforts to ban the sale of
novelty lighters in San Diego County, as well as throughout California.
The Chamber is proud to support the efforts of the Institute, San Diego COlmty Fire Chiefs'
Association as well as numerous fIre departments and municipalities throughout the area to
prevent the sale ofthese dangerous items. Considering the dangers of children playing with
novelty lighters, a ban is a logical approach for decreasing preventable accidents that pose a
threat to life, property and the safety of fIrefIghters in our community.
The Chamber applauds the Burn Institute for its 35-year history of safeguarding our
community and your commitment to our brave heroes in the fIre service. We are indeed
fortunate to have such a valuable community partner.
If the Chamber can be of any future assistance to you in your efforts, please do not hesitate to
call on us. Good luck to you in your important work. .
Sincerely,
Scott D. Alevy
Vice President, Public Policy and Communications
San Diego Regional Chamber of Commerce
402 West Broadway, Suite 1000
San Diego, CA 92101-3585
9-5
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ATTACHMENT 2
March 12,2009
To Whom It May Concern:
The San Diego County Fitc Chiefs A>5ocialion fully supports a ball on novelty
cigarette lighters.
If you have any questions, please feel free to contact me at 619.667.1467.
Sincerely,
!JWb~k-
David Burk
President
~
cln Bum Instirotc, gB25 A~ro Drive; #200, SI:iI1 Diego, CA 9212J.~26~
9-6
llA . Burn
("institute. NOVEL TY LIGHTER BAN FACT SHEET
ATTACHMENT
3
BACKGROUND
In 2007, Oregon State Fire Marshall, Nancy OrT, issued a call to action to help raise concerns about
novelty lighters to the Consumer Product Safety Commission. Portland Fire Marshall's Office juvenile
fire setter intervention unit is working closely with Oregon SAFE KIDS in making the community aware
of the dangers associated with these lighters.
Death and serious injury to children have resulted from playing with what appear to be harmless toys. As
a result there has been strong opposition to the sale of novelty lighters nationwide. Novelty cigarette
lighters are defined by the Consumer Product Safety Commission as "lighters that depict or resemble
articles commonly recognized as appealing to or intended for use by children under 5 years of age".. .such
as small cars, cell phones, small animals and other toy like items. Currently, sales of these products are in
liquor stores, convenience stores and small discount stores throughout San Diego County. The danger is
obvious. While easily drawn to their colorful appearance and cartoon-like features, young children are
unable to recognize the inherent dangers of these lethal lighters. In small hands the lighters can prove to
be a deadly combination'
BAN DESCRIPTION
Novelty Lighter ban would prohibit sale of lighters that look like toys.
LIGHTER RELATED DEATHS AL'li1> PROPERTY DALWAGE
o An estimated $339 million in property damage has resulted from fires started by children playing with
lighters.
. Roughly two out of every three child-playing fires -- and three out of four associated deaths and
injuries -- involve matches or lighters (NFPA's Children Playing with Fire, by John R. Hall, Jr., March
2005).
CURRENT BAN ON NOVELTY LIGHTERS
San Diego County has joined the movement to ban novelty lighters, which are now being called "toy like"
lighters' in states such as Oregon, California, and Colorado. Nationwide there has been a call to action and
San Diego County has clearly answered that call. With more than five cities now impo;;ing a ban on toy
like lighters, San Diego County is leading the way for other cities nationwide.
o European communities imposed a ban on all sales and importation of novelty lighters in early 2007.
o National City, CA
. Solana Beach, CA
o Vista, CA
o EI Cajon, CA
. North Little Rock imposing ban after fire completely destroys apartment; fire set by two-year-old
playing with a lighter.
. In California, the Bum Institute is a strong supporter and crusader of a ban on all novelty lighters. San
Diego Mayor, Jerry Sanders, has requested that the City Council ban.the sale of all novelty lighters.
Similar state legislature is expected in 2008.
NOVELTY LIGHTER SALES
. An estimated 300 million units of lighters in Europe come from China.
. Over 500 production companies in Wenzhou, China (Major Production Center).
. Production of 5,000 different types, totaling 500 million lighters each year.
. 80 percent are exported abroad.
. Lighters from Wenzhou make up 80 percent of the European market.
Endorsed.by San Diego City Fire Department; Greater San Diego Regional Chamber a/Commerce
9-7
(Jnn 2008_vs.2)
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING TITLE 9 OF THE CHULA VISTA
MUNICIPAL CODE BY ADDING CHAPTER 9.23,
SECTIONS 9.23.010 THROUGH 9.23.060 TO
PROHIBIT THE SALE AJ'm/OR DISTRIBUTION OF
NOVELTY LIGHTERS
WHEREAS, novelty lighters have features which are attractive to children, including visual
effects, t1ashing lights, musical sounds, or toy like designs; and
WHEREAS, these toy like designs may not be immediately recognized by children as
dangerous cigarette lighters; and
WHEREAS, such novelty lighters resembling harmless toys are highly attractive to children
and pose an unreasonable risk of injury or death in the possession of inquisitive children; and
WHEREAS, the Consumer Product Safety Commission has recalled thousands of novelty
lighters since 1996 due to their danger to public safety; and
WHEREAS,juvenile fire setting has been identified as the fastest growing fire threat in the
United States; and
WHEREAS, in 2002 the National Fire Protection Association reported that children playing
with fire started an estimated 13,900 structure fires that were reported to U.S. fire departments,
causing an estimated 210 civilian deaths, 1,250 civilian injuries and $339 million in direct property
damage; and
WHEREAS, the Chula Vista Fire Department responded to a multi-family structure fire on
October 03, 2007, which started as a result of children playing with a lighter causing $40,000 in
property damage; and
WHEREAS, more than half of the people killed by fires started by children playing were
under five years of age; and
WHEREAS, many public and private agencies support the prohibition of the sale and
distribution of novelty lighters, including the Burn Institute and several County Fire Chiefs'
Associations, Cities, and the Greater San Diego Regional Chamber of Commerce; and
WHEREAS, the function of a novelty lighter can be achieved without posing a danger of
public health and safety; and
WHEREAS, the United States Fire Administration has added a new code to the National Fire
Incident Reporting System, effective January 1, 2008, to address issues of concern to the fire service:
9-8
Ordinance No.
no.velty lighters will no.w be captured in the Fire Module under a new code for Equipment Involved
in Ignition, code 877.
NOW, THEREFORE, the City Council of the City ofChula Vista do.es hereby o.rdain as
follows:
SECTION 1: That the Chula Vista Municipal Code be amended to. add Chapter 9.23,
Sections 9.23.010 thro.ugh 9.23.060 to read as follows:
Chapter 9.23
RETAIL SALE Ai'ID DISTRIBUTION OF NOVELTY LiGHTERS
Sections:
9.23.010
9.23.020
9.23.030
9.23.040
9.23.050
9.23.060
Purpose and intent.
Definition.
Prohibition.
Exceptions.
Enfo.rcement.
Violatio.ns and penalties.
9.23.010
Purpose and intent.
The City Council finds and declares that:
A. Novelty lighters have features, which are attractive to children, including visual effects,
flashing lights, musical sounds, o.r toy-like designs.
B. As a result o.f this attraction o.f novelty lighters to children, children have used novelty
lighters to' start fires, causing injury, death, and destructio.n of property.
C. Despite the Co.nsumer Product Safety Co.mmissio.n's recall o.f thousands o.f novelty
lighters since 1996 due to their danger to public safety, fires caused by children playing
with no.velty lighters co.ntinue to occur at an increasing rate.
D. Juvenile fire setting has been identified as the fastest growing fire threat in the United
States.
E. The co.ntinued sale, offer for sale, gift, distributio.n, or display of novelty lighters
represents a serious threat to. public safety within the city ofChula Vi~a.
F. The functio.ns of novelty lighters can be achieved thro.ugh the sale, gift, distributio.n, or
display o.f other pro.ducts that do not pose the danger to public health and safety that
novelty lighters present.
9.23.020 Definition. For purposes of this Chapter, "no.velty lighter" means a lighter that has
audio or visu~l effects, or that depicts or resembles in physical form o.r function, through the use of
Page 2 of3
9-9
Ordinance No.
logos, decals, art work, or other features, articles commonly recognized as appealing to or intended
for use by children under eighteen years of age. This includes, but is not limited to, lighters that
depict .or .resemble cartoon characters, toys, guns, watches, musical instruments, vehicles, toy
animals, tood or beverages; that play musical notes; that have flashing lights; that offer other
entertaining features; or that have the physical appearance of other specific objects in form or
function. A novelty lighter may operate on any fuel, including butane or liquid fuel. 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.
9.23.030 Prohibition. It is unlawful for any person, business, corporation, or organization to
sell, offer for sale, give, distribute, or display with intent to sell, give, or distribute any novelty lighter
in the city ofChula Vista.
9.23.040 Exceptions. The prohibition of this Chapter is inapplicable to: (1) novelty
lighters that are solely being actively transported through the city for sale, gift, or distribution
outside of the city, with written documentation of such transportation; or (2) novelty lighters
located in a distribution center closed to the public for purposes of retail sales or distribution
outside the city of Chula Vista. The provisions ofthis Chapter shall not apply where prohibited
or preempted by state or federal law.
9.23.050 Enforcement. The provisions of this Chapter shall be enforced by the fire marshal
and his or her designees, any police officer, any code enforcement officer, and any other city official
authorized to enforce any provision of this Code.
9.23.060 Violation and penalties. Violations of this Chapter may be prosecuted as
misdemeanors as provided by this Code. The City may also seek any administrative remedy and/or
injunctive relief and civil penalties in the Superior Court as provided by this Code and California
state law.
SECTION II: Effective Date. This Ordinance shall take effect and be in force thirty days
after its final passage.
Presented by
Approved as to form by
James S. Geering
Interim Fire Chief
f:Igt(Jiaf!Li~
:<\nn Moore
, City Attorney
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