CONSENT AGENDA - Robert G. Fiske, Community Standards Director
Title
SECOND READING
CHAPTER 38, FIRE PREVENTION AND PROTECTION, ARTICLE III. - IGNITION DEVICES
Background
The City was recently contacted by The Lighter Association, Inc. with concerns regarding current City code that requires businesses to limit access to minors to ignition devices such as matches and lighters. This ordinance was adopted in 2000 as a way to decrease juvenile fire play by limiting access to minors.
The Lighter Association, on behalf of some of the big box retailers, requested the City consider amending the ordinance removing the requirement that businesses limit access of ignition devices. They stated it is cumbersome for customers to purchase items such as lighters for grills or candles as they have to contact a store employee prior to check out.
Staff met and reviewed the ordinance and original intent and agrees that removing the requirement that businesses limit access does not diminish the original intent of the ordinance which would still allow for prosecution of a minor in possession of an ignition device and/or enrollment in an educational program. In addition, removing this requirement would be beneficial for the businesses as well as decrease staff time for inspections and enforcement.
Council held first reading of this ordinance on August 17 and no changes have been made since first reading.
Recommendation
Hold second reading and adopt the proposed ordinance.
Body
THE CITY OF BLAINE DOES ORDAIN: (Added portions are underscored and deleted portions are shown in brackets with overstrike.)
Sec. 38-61. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Ignition device means:
(1) Matches.
(2) Lighters.
(3) Any other materials when used for purposes of ignition.
[Limiting access means placing ignition devices behind sales counters out of reach of children or for items used for cooking or work placing on the top shelf of the display rack.]
(Code 1980, § 9-15; Ord. No. 00-1856, 6-1-2000)
Cross reference- Definitions generally, § 1-2.
Sec. 38-62. - Penalties for violation of article.
(a) Any [person, firm or corporation which] minor who violates any of the provisions of this article shall be guilty of a misdemeanor.
(b) In addition to any other penalties provided for in this Code, any [persons] minor found guilty of violating the article may be required to participate in an educational program when appropriate, and include as part of the penalty therein that such [person] minor pay the cost of such educational program.
(Code 1980, § 9-18; Ord. No. 00-1856, 6-1-2000)
Sec. 38-63. - Confiscation.
Any ignition device possessed by a minor may be confiscated by any peace officer, fire chief or authorized designee of the fire chief. Once confiscated, the ignition device shall become property of the confiscating authority and shall be processed accordingly as evidence in the commission of a crime or made inoperable and disposed of properly.
(Code 1980, § 9-17; Ord. No. 00-1856, 6-1-2000)
Sec. 38-64. - Prohibited acts.
[(a)] No minor may possess any ignition device, unless under the direct supervision of, or with the direct permission of, a parent or legal guardian.
[(b) The owner or operators of any place of business must limit access of ignition devices to minors at the place of business.]
(Code 1980, § 9-16; Ord. No. 00-1856, 6-1-2000)
Secs. 38-65-38-69. - Reserved.
INTRODUCED AND READ in full the 17th day of August, 2017.
PASSED by the City Council of the City of Blaine this 7th day of September, 2017.