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Home My WebLink AboutORD 1983-016 ORDIN�NCE N�. 83-16 AN ORDIlVANC� OF 'I��E CITY OF GRAPEVINE, T�S, PRtn7IDING DEFINITIONS; PROFiIBITIIQG SALE OR TRANSFER OF P�EL GLtJE/PAINTS � MIl�IORS AND PROVIDING EXCEPTIC�1; REQUIRIATG RDCORI)S OF DEAI�2 BE KF�T; PFtO�iIBITING FALSE (bNSFNT I�.R; PROHIBITING DISPLAY � ON OPII�I SI�LUE.S; PROHIBITING IlVHALATION; . . PROHIBITIl�TG CARRYIl�TG UPON PERSOrT AND PROVIDING EXCEPTION; PROHIBITII�IG AIDING OR ABEITING VIOLATION; PROVIDIlQG FOR II�'OFtC�- N�r OF THE TERMS AND PROVISI�IS OF THIS ORDIlVANCE; REPEALING Il�TCONSISi� ORDI- NAN(�S; PROVIDING THAT A VIOLATION OF Tf� PROVISIONS OF THIS ORDINAr;C,E SHAT�, BE A MISDEMEANOR; PRO'�IIDING FOR A PII�LTY NOT TO EXCE� �iVO FNNDRID DOLL,ARS FOR EAC�i OFFENSE; P%�IIDING FOR CA�II�INES & SAVING CIAUSES; DF7CI�ARING AN E1��TCY; AND P1�lIDING FOR AN EF'FECTIVE DATE w'��REAS, during the past year there have been niamerous reported ca.ses of juveniles sniffing "model glue/paints", and the bad effects of which have caused them to be absent fran scYiool; and WT�REAS, the practice of inhaling the ftinres frcen such "model glue/paints" has harmful effects upon the health of individuals indulgi.ng in the practice; ar�d W�, the current easy access and availability of such "model glue/paints" to juveniles encourages the harmful practice of inhaling the ftm�s therefrom; and WI�REAS, it is in the public interest to regulate the sale of "model glue/paints" and similar substances containing volatile solvents. NC7W, THEREFORE, BE IT ORDAINID BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section l. In connection wi.th this ordinance, the follawing defini.tions shall govern: (a) "Model glue/paints", hereinafter referred to as "model glue", shall mean any glue, paint, or cement of the type comnpnly used in the building of model airplanes, boats, and autanobiles, or any sunilar substance which contains 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. Chlorofonn 8. G�clohexanone 9. Ethanol or Ethyl Alcohol __ 10. Ethyl Acetate 11. Hexane 12. Isopropanol or Isopropyl Alcohol 13. I�propyl Acetate 14. N�e�thyl Cellosolve Acetate 15. Methyl Ethyl Ketone 16. Methyl Isobutyl Ketone 17. Toluol or Toluene 18. Trichloroethylene 19. Tricresyl Phosphate 20. Xylol or Xylene 21. Paints containing Acrylic 22. Any other solvent, material, substance, chemi.cal, or any ccanhination thereof, having the property of releasing toxic vapors. (b) "Kit" shall mean any collection of materials used and sold for the purpose of construction of model airplanes, model boats, model auto- mobiles, model trai.ns, or other sir�ilar assemblage of construction materials. (c) "Nlinor" shall mean any person under the age of eighteen years of age. Section 2. It shall be unlawnzl for any person knawingly or intention- ally to sell or otherwise transfer possession of any type of model glue to any minor for any purpose whatsoever, unless at the time of the sale or other transfer of possession said minor is accc�npanied by a parent or guardian, as the case may be, and the written consent to such sale or transfer of said minor's parent or guardian is signed by said parent or guardian in the presence of the person malting the sale or transfer. In such cases, the seller or transferor shall make a written record of such transaction, shawing the name, address, sex, and age of the minor, as well as the nan�e and address of the consenting parent or guardian, which saicl record shall be kept available for inspection by the police for a period of at least twelve (12) nbnths fr�n the date of sale or transfer; provided separate records need not be kept if the seller or transferor retains the consent letter, where such letter con- tains all the reguired inforntiation as herein set forth. At any time that an establishment is open for business, the police sha.11 have full authority to inspect any and all records pertaining to the sale of model glue. It shall be a violation to refuse the records to any police officer of the City of � Grapevine, Texas, requesting the same in his official capa.city. This section shall apply where the glue is sold, delivered, or given simultaneously with , and as an integral part of a kit used for the construction of model airplanes, model boats, mr�del automobiles, m�del trains, or other similar models. Section 3. It shall be unlawful for any person to sign or furnish any consent letter of the type referred to in Section 2 above that is false in any respect. Section 4. It shall be unlawful for any person selling or offering for sale mcxlel glue to display the samz on open shelves or counters in his busi- ness establishment in such a manner as to make the same accessible to cust�rs or other members of the public. Section 5. It shall be unlawful for any person tA inhale or to otherwise induce into his respiratozy or circulatozy system any m�del glue with the intent of becoming intoxicated, elated, dazed, paralyzed, irrational, or in any manner changi.ng or distorting his eyesight, thi.nking process, judgment, balance, or coordination. Section 6. It shall be unlawful for any person to carry upon his person model glue unless the same is being transported fran the place of purchase to , his place of residence or business; provided that this section shall not prohibit the use of the same at the residence or place of business of such person in connection with any lawful use. Section 7. It shall be unlawful for any person intentionally to possess, buy, sell, or otherwise transfer any model glue for the purpose of inducing or aiding any other person to violate the provisions of this ordinance. Section 8. That all ordinances, rules, regulations, or parts thereof __ inconsistent or in conflict with the provisions of this ordinance are hereby expressly repealed. Section 9. That any person or persons who violate any provisions of this ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine not to exceed 'It�ro Hundred Dollars ($200.00) and each offense shall be deemed to be a separate violation and punishable as a separate offense. Section 10. Should any section, subsection, sentence, provision, clause, or phrase be held to be invalid for any reason, such holding shall not render invalid any other section, subsection, sentence, provision, clause, or phrase of this ordinance, and same for this purpose are deemed to be severable. Section 11. The fact that there are no present ordinancss of the City of Grapevine, Texas, which r�gulate the sale, transfer, use, and possession of model glue within the City of Gra�evine, Texas, by the Police DeFart�rent of the City of Grapevine, Texas, creates an urgency and an emergency in the preservation of the public health, safety, and woelfare, and require that this ordinance shall be in full force and effect frccn arvd afte� its passa.ge and publication as prescribed by law. � PASSID AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 5th day of April, 1983. APPI2C�VID: � `� .. Mayor ATi'EST: SLt City Secre APPI20VID AS TO FORM: City Attorney