(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
INHALANT. Any glue, cement, paint, paint product, or any other product, material or 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) 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; or
(21) Any other solvent, material, substance, chemical or combination thereof having the property of releasing toxic vapors.
KIT. Any collection of materials used for the construction of model airplanes, model boats, model automobiles, model trains or other similar assemblage of construction materials.
MINOR. Any person under the age of 18 years.
PROHIBITED INHALANT.
(1) Any inhalant which has been so designated by the City Council. The City Council may designate an inhalant as a “prohibited inhalant” by resolution only after holding a public hearing and finding that such inhalant is being used by minors to violate the provisions of this section and that such inhalant is sold without restriction to minors. This designation may be removed by the City Council after holding a public hearing and finding that the prohibited inhalant is no longer being used by minors to violate the provisions of this section.
(2) Under the authority of this section, model glue or cement and acrylic paint, both defined as “inhalants” by this section, are hereby designated “prohibited inhalants.” This designation shall not include model glue or cement that is labeled “nontoxic.”
(B) It shall be unlawful for any person knowingly and intentionally to sell or otherwise transfer possession of any type of prohibited inhalant to any minor for any purpose whatsoever, unless at the time of the sale or other transfer of possession the minor is accompanied by a parent or guardian.
(C) The provisions of division (B) above shall not apply where the prohibited inhalant is sold, delivered or given simultaneously with and as a part of a kit used for the construction of model airplanes, model automobiles, model trains or other similar models.
(D) It shall be unlawful for any person to inhale or to otherwise induce into his respiratory or circulatory system any “inhalant” as herein defined, with the intent of becoming intoxicated, elated, dazed, paralyzed, irrational or in any manner changing or distorting his eyesight, thinking process, judgment, balance or coordination.
(E) It shall be unlawful for any person to carry upon his person an inhalant as herein defined, unless the same is being transported from the place of purchase to his place of residence or business, or is a part of a kit as herein defined. Provided, that this shall not prohibit the use of the same at the residence or place of business of such person in connection with the inhalant's proper and intended use.
(F) It shall be unlawful for any person intentionally to possess, buy, sell or otherwise transfer any inhalant as herein defined for the purpose of inducing or aiding any other person to violate the provisions of divisions (D) and (E) of this section.
('68 Code, § 19-26) (Ord. 11-1978-54, passed 11-14-78; Am. Res. 11-1978-54A, passed 11-14-78) Penalty, see § 130.99