HomeMy WebLinkAboutOrdinance - 7902-1979 - Ordinance 7902 Amending Chap. 19 By Amending Sect. 19-20.2 Sales Glue And Paint - 08/09/1979'-.
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, >:LV¼ :.; .NANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF
,LUBBOCKJ ;.-i>-5, BY AMENDING THE LANGUAGE OF SECTION 19-20.2 REGULATING THE
SALES, OISPLAY AND RECORD KEEPING OF SALES OF CERTAIN TYPES OF GLUE AND PAINT;
PROHIBifING INHALATION OF FUMES; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION AND PROVIDING A PENALTY.
WHEREAS, the City Council has found that certain types of glue and paint
are dangerous to the health of a person and that it is in the best interest of
the citizens of the City of Lubbock to regulate the availability of such types
of g1ue and paint; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Code of Ordinances of the City of Lubbock BE and
is hereby amended by amending the language of Section 19-20.2 to read as
follows:
Sec. 19-20.2. Aerosol Paint and Glue: Regulation of Sales; Inhalation
Prohibited; Treatment for Juveniles.
(a) As used herein, aerosol paint or glue shall mean and include
any aerosol paint or glue containing one or more of the following
volatile solvents:
(1) Acetone
(2) Amylacetate
(3) Benzol or benzene
(4) Butyl acetate
(5) Butyl alcohol
(6) Carbon tetrachloride
( 7) Chloroform
(8) Cyclohexanone
(9) Ethanol or Ethyl alcohol
(10) Ethyl acetate
(11) Hexane
(12) Isopropanol or isopropyl alcohol
(13) Isopropyl acetate
(14) Methyl "cellosolve" acetate
(15) Methyl ethyl ketone
(16) Methyl isobutyl ketone
(17) Toluol or toluene
(18) Trichoroethylene
(19) Tricresyl phosphate
(20) Xylol or xylene
(b) It shall be unlawful for any person within the incorporated
limits of the City of Lubbock to do any of the following acts:
(1) To sell or transfer possession of any glue or aerosol paint
defined in subsection (a) to any person under the age of 17
years.
(2) To display at any business establishment at which persons
under 17 years of age are permitted to enter, any glue or
aerosol paint defined in subsection (a) in such a manner
that these products are accessible to the public without
the assistance of the sales personnel of such establishment.
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;7-•r (3) To purposely inhale any fumes, odors or gases from any
glue or aerosol paint defined in subsection (a) for the purpose
of becoming intoxicated, dizzy, imbalanced or unconscious.
This subsection shall not apply to persons inhaling any
anesthesia administered by qualified medical personnel for
medical or dental purposes.
(4) To sell, offer for sale, deliver, or give away to any
person glue or aerosol paint defined in subsectiop (a), when
he knows or has reason to believe that such glue or aerosol
paint will be used for the purpose of becoming intoxicated,
dizzy, imbalanced or unconscious.
(c) All juveniles shall be handled in accordance with the Texas
Family Code and shall not be subject to criminal prosecution, but
shall be referred to the appropriate agency for treatment according to
written guidelines established by the Police Department and approved
by juvenile court.
(d) A person making a sale of glue or aerosol paint defined in
subection (a) may record the name, address, sex and age of the purchaser.
If the seller believes or has reason to believe that the product is
being purchased for a use prohibited by this Ordinance, he may report
such information to the Police Department or other appropriate officials.
(e) A person making a sale of glue or aerosol paint defined by
subsection (a) shall require the purchaser to present pictured identifi-
cation at the time of purchase.
(f) Proof that a container was labeled .as containing one or more
of the volatile solvents listed in subsection (a) shall constitute
prima facie evidence that any substance in said container did include
the listed volatile solvent.
SECTION 2. THAT should any section, paragraph, sentence, clause,
phrase or word of this Ordinance be declared unconstitutional or invalid for
any reason, the remainder of the Ordinance shall not be affected thereby.
SECTION 3. THAT the City Secretary is hereby authorized and directed
to cause publication of the descriptive caption of this Ordinance as an alternative
method as provided by law.
SECTION 4. THAT violation of any provision of this Ordinance shall be
a misdemeanor punishable by fine of not more than two hundred dollars.
AND IT IS SO ORDERED,
Council first reading this 9th day of August , 1979. Passed by City on
Passed by City Council on second reading this 23rd day of August ,1979.
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