Sec. 21-31. - Legislative findings; prohibited substances.

Because the following chemical compounds are either toxic by inhalation, ingestion or both; have a potential for abuse by persons in that inhalation can cause a condition of intoxication, inebriation, excitement, stupefaction, or exhilaration; cause a dulling of the brain or nervous system; cause damage, mental or physical; or have any combination of these properties or effects; and because certain persons in the community, particularly young people, are prone to abuse such substances; and because "glue sniffing" and "paint sniffing" have been documented as having caused irreversible mental and physical damage, and even death among minors in the city and are a particular problem among certain minorities, the following twenty-one (21) chemical compounds are hereby defined as and declared to be "dangerous substances":

(1)

Acetone

(2)

Amyl acetate

(3)

Benzene

(4)

Butyl acetate

(5)

Butyl alcohol

(6)

Carbon tetrachloride

(7)

Chloroform

(8)

Cyclohexanone

(9)

Ethyl alcohol

(10)

Ethyl acetate

(11)

Hexane

(12)

Isopropyl alcohol (rubbing alcohol)

(13)

Isopropyl acetate

(14)

Methyl "cellosolve" (ethylene glycol monomethyl ether acetate)

(15)

Methyl ethyl ketone (2-butanone; MEK)

(16)

Methyl isobutyl ketone (MIBK)

(17)

Orthochlorobenzalmalononitrile (CS)

(18)

Toluene (toluol)

(19)

Trichloroethylene

(20)

Tricresyl phosphate (TOCP, TMCP, or TPCP)

(21)

Xylene (xylol)

(Code 1959, §§ 26-11.1, 26-14.1; Ord. No. 56606, §§ a—k, 2-24-83)

Sec. 21-32. - Sale of substances to minors prohibited.

It shall be unlawful for any person to sell, offer to sell, transfer, or offer to transfer to any other person under the age of eighteen (18) years any can or other container of paint spray, glue, airplane plastic cement, household cement, cement, shellac, paint thinner, lacquer, adhesive substance, or aerosol mixture of pigment and liquid that forms a thin coating which contains a dangerous substance as defined in this article. It shall be unlawful for the owner or person in control of a retail establishment to allow any agent or employee of the retail establishment to make such a sale or transfer or attempt to make such a sale or transfer.

(Code 1959, § 26-14.1; Ord. No. 56606, §§ a—k, 2-24-83)

Sec. 21-33. - Signs to be posted where offered for sale.

All vendors of the products enumerated in Section 21-32 shall post in a prominent place, during opening hours, a sign to be furnished by the city, stating that it is illegal to sell the products to persons under eighteen (18) years of age. It shall be an affirmative defense to an action alleging violation of this section if the city has failed to furnish such a sign to the retail establishment.

(Code 1959, § 26-14.1; Ord. No. 56606, §§ a—k, 2-24-83)

Sec. 21-34. - Exemption for model airplane, etc., kits.

Notwithstanding any of the provisions of this article, the provisions hereof shall not apply to, control, or in any way affect the sale, display, storage or transfer of glue or cement which is a part of a kit used for the construction of model airplanes, model boats, model automobiles, model trains, or similar models, and which is sold simultaneously with the rest of the kit and packaged, stored, and displayed as a unit.

(Code 1959, § 26-14.1; Ord. No. 56606, §§ a—k, 2-24-83)

Sec. 21-35. - Inhaling prohibited.

It shall be unlawful for any person to inhale any paint spray, glue, airplane glue, plastic cement, household cement, cement, shellac, paint thinner, lacquer, adhesive substance, or aerosol mixture of pigment and liquid that forms a thin coating which contains a dangerous substance above, or the fumes or vapors thereof, with the intent of obtaining intoxicating or narcotic effect, a state of inebriation, excitement, stupefaction, exhilaration, or a dulling of the brain or nervous system.

(Code 1959, § 26-14.1; Ord. No. 56606, §§ a—k, 2-24-83)

Sec. 21-36. - Prima facie evidence of existence in containers.

If a can or other container contains a list of ingredients or contents, and one (1) or more of the dangerous substances enumerated in section 21-31 is listed as an ingredient or content, that shall constitute prima facie evidence that the can or container does in fact contain such a dangerous substance or dangerous substances.

(Code 1959, § 26-14.1; Ord. No. 56606, §§ a—k, 2-24-83)

Sec. 21-37. - Certain substances to be kept in closed storage.

(a)

When offered for sale in a retail establishment, adhesive substances and aerosol mixtures of pigment and liquid that form a thin coating which contain either methyl isobutyl ketone (MIBK), toluene or toluol, trichloroethylene, or xylene or xylol shall not be openly stored or displayed or otherwise offered for sale from a counter or other location that is accessible to the public. When in storage such products shall be stored in a closed building that is not accessible to the public, but if the same are stored in an outside area, the containers shall be locked or otherwise secured and the area must be enclosed by a fence at least eight (8) feet in height.

(b)

Should the owner, manager, or person in control of any retail establishment or other premises, store or display any adhesive substance or aerosol mixture of pigment and liquid that forms a thin coating in any manner other than that prescribed in subsection (a), such shall constitute a violation hereof, and upon conviction, such violation shall be punished in accordance with section 1-5

(Code 1959, § 26-14.1; Ord. No. 56606, §§ a—k, 2-24-83)

Secs. 21-38—21-50. - Reserved.