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Home My WebLink About08403 ORD - 03/29/19673/5/67 TEXAS: AN ORDINANCE PROHIBITING THE SALE OFFER OF SALE DELIVERY OR GIFT TO ANY PERSON UNDER 1 YEARS OF AGE OF MODEL GLUE OR ANY SIMILAR SUBSTANCE CONTAINING ANY ONE OR MORE OF ANY VOLATILE SOLVENTS; DEFINING CERTAIN WORDS; MAKING IT UNLAWFUL TO INHALE THE FUMES OF ANY MODEL GLUE TO INDUCE OR AID OTHERS TO VIOLATE ANY OF THE PROVISIONS OF THIS ORDINANCE; MAKING POSSESSION OF CERTAIN GLUES UNLAWFUL; PROVIDING PROVIDLNG FOR PENALTY NOT EXCEEDING TWO HUNDRED DOLLARS ($200) FOR VIOLATION; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. THE DEFINITION OF "MODEL GLUE" AS USED IN THIS • ORDINANCE SHALL MEAN ANY GLUE OR CEMENT OF THE TYPE COMMONLY USED IN THE BUILDING OF MODEL AIRPLANES, BOATS AND AUTOMOBILES, OR ANY SIMILAR SUBSTANCE WHICH CONTAINS ONE OR MORE OF THE FOLLOWING VOLATILE SOLVENTS: 1. ACETONE 2. AMYLACETATE 3. BENZOL OR BENZENE jl BUTYL ACETATE 5. BUTYL ALCOHOL 6. CARBON TETRACHLORIDE A. CHLOROFORM 8 CYCLOHEXANONE 9. ETHANOL OR ETHYL ALCOHOL 10. ETHYL ACETATE 11. HEXANE 12. ISOPROPANOL OR ISOPROPYL ALCOHOL RR. ISOPROPYL ACETATE . METHYL "CELLOSOLVE" ACETATE 15. METHYL ETHYL KETONE 16. METHYL ISOBUTYL KETONE IA:TOLUOL OR TOLUENE TRICHLOROETHYLENE 19. TRICRESYL PHOSPHATE 20. XYLOL OR XYLENE OR ANY OTHER SOLVENT, MATERIAL, SUBSTANCE, CHEMICAL, OR COMBINATION THERE- OF, HAVING THE PROPERTY OF RELEASING TOXIC VAPORS. SECTION 2. IT SHALL BE UNLAWFUL FOR ANY PERSON TO INTENTIONALLY SMELL OR INHALE THE FUMES OF ANY TYPE OF "MODEL GLUE", OR TO INDUCE ANY OTHER PERSON TO DO SO, FOR THE PURPOSE OF CAUSING A CONDITION OF, OR INDUCING SYMPTOMS OF INTOXICATION, ELATION, EUPHORIA, DIZZINESS, EXCITE- MENT, IRRATIONAL BEHAVIOR, EXHILARATION, PARALYSIS, STUPEFACTION OR DULLING OF THE SENSES OR NERVOUS SYSTEM, OR FOR THE PURPOSE OF, IN ANY MANNER, 8403 • CHANGING, DISTORTING OR DISTURBING THE AUDIOS VISUAL OR MENTAL PROCESSES PROVIDED HOWEVER THAT THIS SECTION SHALL NOT APPLY TO THE INHALATION OF ANY ANESTHESIA FOR MEDICAL OR DENTAL PURPOSES. SECTION 3. IT SHALL BE UNLAWFUL FOR ANY PERSON TO HAVE THE SYMPTOMS OF INTOXICATIONS ELATION, EUPHORIA, DIZZINESS, EXCITEMENTS IRRA- TIONAL BEHAVIOR, EXHILARATION, PARALYSIS STUPEFACTION, OR DULLING OF THE SENSES OR DULLING OF THE NERVOUS SYSTEMS DISTORTION OF AUDIO- VISUAL OR MENTAL PROCESSES OF SUCH PERSON FROM THE USE OF ANY MODEL GLUE. SECTION 4. IT SHALL BE UNLAWFUL FOR ANY PERSON TO INTENTIONALLY POSSESS ANY TYPE OF "MODEL GLUE" FOR THE PURPOSE OF USING THE SAME IN THE MANNER PROHIBITED BY SECTION 2 OF THIS ORDINANCE. SECTION 5. IT SHALL BE UNLAWFUL FOR ANY PERSON TO INTENTIONALLY POSSESS BUYS SELL OR OTHERWISE TRANSFER ANY TYPE OF "MODEL GLUE" FOR THE PURPOSE OF INDUCING OR AIDING ANY OTHER PERSON TO VIOLATE THE PRO- VISIONS OF SECTIONS 2 AND 4 OF THIS ORDINANCE. SECTION 6. IT SHALL BE UNLAWFUL FOR ANY PERSON TO KNOWINGLY AND INTENTIONALLY SELL OR OTHERWISE TRANSFER POSSESSION OF ANY TYPE OF °MODEL GLUE" TO ANY MINOR UNDER THE AGE OF 18 FOR ANY PURPOSE WHATSOEVER UNLESS AT THE TIME OF THE SALE OR OTHER TRANSFER OF POSSESSION SAID MINOR BE ACCOMPANIED BY HIS PARENT OR GUARDIANS AS THE CASE MAY BED AND THE WRITTEN CONSENT TO SUCH SALE OR TRANSFER OF SAID MINORS PARENT OR GUARDIAN BE SIGNED BY SAID PARENT OR GUARDIAN IN THE PRESENCE OF THE PERSON MAKING THE SALE OR TRANSFER. IN SUCH CASES THE SELLER OR TRANSFERROR SHALL MAKE A WRITTEN RECORD OF SUCH TRANSACTIONS SHOWING THE NAME, ADDRESS SEX AND AGE OF THE MINORS AS WELL AS THE NAME AND ADDRESS OF THE CONSENTING PARENT OR GUARDIAN, WHICH SAID RECORD MUST BE KEPT AVAILABLE FOR INSPECTION BY THE DEPARTMENT OF POLICE FOR A PERIOD OF AT LEAST ONE YEAR FROM DATE OF TRANSFER; PROVIDED THAT SUCH RECORDS NEED NOT BE KEPT IF THE SELLER OR TRANSFERROR RETAINS THE CONSENT LETTERS WHERE SUCH LETTERS CONTAIN ALL OF THE REQUIRED INFORMATIONS AS HEREIN SET FORTH. -2- • • IT SHALL BE UNLAWFUL TO FURNISH ANY SUCH CONSENT LETTER WHICH PURPORTS TO BE SIGNED BY A PARENT OR GUARDIANS WHICH CONSENT LETTER, OR THE SIGNATURE SIGNED THERETO IS FALSE IN ANY RESPECT. SECTION 7. IT SHALL BE UNLAWFUL FOR ANY WHOLESALER OF MERCHAN- DISE TO SELL OR TRANSFER ANY QUANTITY OF "MODEL GLUE" TO ANY PERSON WHAT- SOEVER, WHO IS NOTE OR DOES NOT REPRESENT, A RECOGNIZED BONA FIDE RETAIL DEALER IN MERCHANDISE CUSTOMARILY HANDLING SUCH PRODUCT IN THE ORDINARY COURSE OF HIS OR ITS BUSINESS AT A FIXED LOCATION. IF ANY SUCH PROHIBITED SALE IS MADE BY ANY WHOLESALERS IT SHALL CONSTITUTE PRIMA FACIE EVIDENCE OF AN INTENT TO VIOLATE THE PROVISIONS OF SECTIONS 2 AND 4 OF THIS ORDI- NANCE. SECTION 8. IT SHALL BE UNLAWFUL FOR ANY PERSONS FIRM OR CORPO- RATION TO ENGAGE IN THE RETAIL SALE OF "MODEL GLUE" UNLESS SUCH PERSON, FIRM OR CORPORATION 15 A RECOGNIZED BONA FIDE RETAIL DEALER (AT A FIXED LOCATION) IN MERCHANDISE, CUSTOMARILY HANDLING SUCH PRODUCT IN THE ORDINARY COURSE OF HIS OR ITS BUSINESS. IT SHALL BE UNLAWFUL FOR ANY BONA FIDE RECOGNIZED RETAIL DEALER, AS DEFINED IN THE FIRST PARAGRAPH OF THIS SECTION, TO SELL MORE THAN ONE TUBES OR OTHER MINIMUM SIZED CONTAINER, OF "MODEL GLUE" TO ANY ONE CUSTOMER WITHIN ANY 24-HOUR PERIOD; PROVIDED, THAT THE PROVI- SIONS OF THIS SECOND PARAGRAPH DO NOT APPLY TO THE SALE OF "MODEL GLUE" TOGETHER WITH A "HOBBY" OR "MODEL" KIT, AND FURTHER THE PROVISIONS OF THIS SECOND PARAGRAPH DO NOT APPLY TO THE SALE OR TRANSFER OF ANY "MODEL GLUE" IN REGULAR SALE OR TRANSFER BETWEEN A RETAIL DEALER OR WHOLESALER AND A BONA FIDE USER OF SUCH GLUE FOR INDUSTRIAL PURPOSES. IT SHALL BE UNLAWFUL FOR ANY BONA FIDE RECOGNIZED RETAIL DEALER, AS DEFINED IN PARAGRAPH ONE OF THIS SECTIONS TO KEEPS MAINTAIN OR PROMINENTLY DISPLAY IN HIS BUSINESS ESTABLISHMENT ANY STOCK OR SUPPLY OF "MODEL GLUE" IN SUCH MANNER OR PLACE AS TO MAKE THE SAME ACCESSIBLE TO CUSTOMERS, OR OTHER MEMBERS OF THE PUBLICS WITHOUT ACTUALLY RECEIVING THE SAME DIRECTLY FROM THE RETAILERS OR HIS BONA FIDE AUTHORIZED REPRESENTATIVE. SECTION 9. ANY PERSON WHO SHALL VIOLATE ANY OF THE PROVISIONS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND, UPON -3- • THAT THE FOREGOING ORDINANCE WAS READ FOR THE FIRST TIME AND PASSED TO ITS SECOND READING ON THIS THE cc-L DAY OF''[— C,t-�N l9 L'I , BY THE FOLLOWING VOTE: DR. MCIVER FURMAN JACK BLACKMON PATRICK J. DUNNE DR. P. JIMENEZ, JR KEN MCDANIEL RONNIE SIZEMORE WM. H. WALLACE THAT THE FOREGOING ORDINANCE WAS READ FOR THE SECOND TIME AND PASSED TO ITS THIRD READING ON THIS THE �.2„�" DAY OF / C- 'ti- [:.�iL— , 19 , BY THE FOLLOWING VOTE: DR. MCIVER FURMAN�zzi JACK BLACKMONi;� PATRICK J. DUNNE y[ DR. P. JIMENEZ, JR. / 7 KEN MCDANIEL r RONNIE SIZEMORE WM. H. WALLACE THAT THE FOREGOING ORDINANC WAS READ��FOR THE THIRD TIME AND PASSED FINALLY ON THIS THE .-A DAY OF %Q_ LC�<'[ 7 19�_ � BY THE FOLLOWING VOTE: DR. MCIVER FURMAN JACK BLACKMON PATRICK J. DUNNE DR. P. JIMENEZ, JR. KEN MCDANIEL RONNIE SIZEMORE WM. H. WALLACE PASSED AND APPROVED, THIS THE N /JL DAY OF ATTEST: CIT SECRETA Y APPROVED AS TO LEGAL FORM THIS DAY OF ),14 L�� CITY ATTORNEY • g�. MAYOR THE CITY OF CORPUS CHRISTI, TEXAS PUBLISHER'S AFFIDAVIT STATE OF TEXAS, L: County of Nuebes. f— Before me, the undersigned, a Notary Public, this day personally came Lei and Barnes _.. s, ................. .... . ................... — who being first duly sworn, according to law, says that he is the Classified Advertising 1,1anager .. .... .................... of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of a e of Ordinance � - _9 jig ... sale delivery or gift to qny parson under 18 years o-' age, of rr.)del glue- - of which the annexed is a true copy, was published in ....... an the.-I..— day of._.ARK11 ...... . .............. 1917- W*W&M ....... . .. . .. . ......... 4 1 CI' s W h a Mr— Subscribed and sworn to before me thi,-.-1.0 .......... . d y of . .... . F--- 67 Louise Vick . . ........... tery Public, Nueces County, Texas