§ 19-17. All paint and adhesive substances—Regulation of sales; inhalation prohibited; treatment for juveniles.

(a)

Definition. As used herein, "paint or adhesive substances" shall mean and include any paint or adhesive substance containing one (1) 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)

Trichloroethylene.

(19)

Tricresyl phosphate.

(20)

Xylol or xylene.

(b)

Acts prohibited. It shall be unlawful for any person within the corporate limits of the city to do any of the following acts:

(1)

To sell or transfer the possession of any adhesive substance or paint, as defined by subsection (a), to any person under the age of seventeen (17) years.

(2)

To display at any business establishment at which persons under seventeen (17) years of age are permitted to enter any adhesive substance or paint as defined by subsection (a) in such a manner that these products are unattended by personnel of such business establishment and are accessible to a potential customer of such business establishment without the assistance of personnel of such establishment.

(3)

To purposely inhale any fumes, odors or gases from any adhesive substance or paint as defined by 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 any paint or adhesive substance as defined in subsection (a) when he knows or has reason to believe that such paint or adhesive substance will be used for the purpose of becoming intoxicated, dizzy, imbalanced, or unconscious. Notwithstanding the provision that this section provides that it shall be unlawful for any person, all juveniles are specifically excluded and 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 that police department and approved by the juvenile court. Such guidelines are incorporated as appendix A of the ordinance from which this section derives.

(c)

Information to be taken upon sale; when report to police required. A person making a sale of adhesive substances or paint as defined by subsection (a) to a person shall record the name, address, sex and age of the purchaser. If the seller has reason to believe that the product being purchased is to be used for the purpose other than for which the product is manufactured, then he shall report such information to the appropriate law enforcement officials.

(d)

Presentation of identification required. A person making a sale of adhesive substances or paint as defined in subsection (a) shall require the purchaser to present pictured identification at the time of purchase.

(e)

Labels to constitute evidence of contents. Proof that a container was labeled as containing one (1) or more of the volatile solvents in subsection (a) shall constitute prima facie evidence that any substance in such container did include the volatile solvent.

(Ord. No. 68-04, § 1, 4-12-1968; Ord. No. 81-18, 6-17-1981)