(A) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
PLASTIC COVERINGS, PLASTIC BAG, or PLASTIC PACKAGE. Any covering, package, or bag made of plastic material sufficiently thin and pliable to respond to static electricity created by contact with the human body to the extent that it clings to the human skin or body.
(B) Warning required. It shall be unlawful for any person to have in his or her possession, or to deliver as a cover or wrapper, any plastic bag that is of sufficient size to fit over a child’s head, or any bag which, when open, has an opening larger than 20 inches or a capacity of more than 125 cubic inches, unless there is at all times clearly printed on such bag or covering, or on a paper attached to such bag or covering, words in letters at least one-quarter-inch high as follows: “Warning: To avoid danger of suffocation keep this bag (or covering) away from babies and children. Do not use in cribs, beds, carriages or play pens. This is not a toy.”
(C) Certain bags a nuisance. Any plastic bag, covering or package not carrying or accompanied by the printed warning as provided in division (B) above is hereby declared a nuisance.
(Prior Code, § 94.37) Penalty, see § 10.99