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Ord 2365 10/23/1967 ORDINANCE NO. a( v. AN ORDINANCE AMENDING CHAPTER 20 OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS, TEXAS, BY ADDING THERETO A NEW SECTION 20-10 . 1, "GLUE - SALE AND USE OF 'MODEL GLUE ' FOR UNLAWFUL PUR- POSES" ; DEFINING "MODEL GLUE" AND "KIT" ; PRO- " HIBITING THE SALE OR OTHER TRANSFER OF "MODEL • GLUE" TO ANY PERSON UNDER TWENTY-ONE YEARS OF AGE WITHOUT WRITTEN CONSENT OF SUCH MINOR'S PARENT OR GUARDIAN, EXCEPT AS PART OF A "KIT" ; PROHIBITING DISPLAY OF "MODEL GLUE" ACCESSIBLE TO THE PUBLIC; PROHIBITING ANY PERSON FROM CARRYING "MODEL GLUE" WITH CERTAIN EXCEPTIONS ; PROHIBITING ANY PERSON FROM INTENTIONALLY OB- TAINING "MODEL GLUE" FOR THE PURPOSE OF INDUC- ING OTHERS TO VIOLATE CERTAIN PROVISIONS OF THIS ORDINANCE; PROVIDING FOR A PENALTY; PRO- VIDING A SEVERANCE CLAUSE; AND DECLARING AN EMERGENCY. WHEREAS, the current easy access and availability of model glue to juveniles encourages the harmful practice of inhaling the fumes therefrom; and, WHEREAS, it is in the public interest to regulate the sale of glues and cements containing volatile solvents . NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS : SECTION 1'. That Chapter 20 of the Code of Ordinances of the City of Wichita Falls, Texas, be and the same is hereby amended by adding thereto a new Section 20-10. 1, which shall read as follows : "Section 20-10 . 1. Glue - Sale and Use of 'Model Glue ' for Unlawful Purposes . " (a) As used herein 'model glue ' 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 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 - 2 - 16. Methyl Isobutyl Keton 17 . Toluol or Toluene 18. Trichloroethylene 19. Tricresyl Phosphate 20 . Xylol or Xylene or any other solvent, material, substance, chemical, or combina- tion thereof, having the property of releasing toxic vapors . " (b) As used herein ' kit' shall mean any collection of materials used for the construction of model airplanes , model boats, model automobiles, model trains or other similar assem- blage of construction materials . " (c) It shall be unlawful for any person knowingly and intentionally to sell or otherwise transfer possession of any type of 'model glue ' to any minor under the age of twenty-one years for any purpose whatsoever, unless at the time of the sale or other transfer of possession said minor is accompanied 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 making the sale or transfer. In such cases , the seller or transferor shall make a written record of such trans- action, showing the name, address, sex and age of the minor, as well as the name and address of the consenting parent or guardian, which said record must be kept available for inspec- tion by the police for a period of at least twelve (12) months from the date of sale or transfer; provided separate records need not be kept if the seller or transferor retains the con- sent letter, where such letter contains all the required in- formation as herein set forth. At any time that an establish- ment is open for business, the police shall have full authority to inspect any and all records pertaining to the sale of 'model glue ' as herein defined, and it shall be a violation hereof to refuse the records to any police officer of the City of Wichita Falls requesting the same in his official capacity. " (d) It shall be unlawful for any person to sign and furnish any consent letter of the sort referred to in para- graph (c) above that is false in any respect. " (e) The provisions of paragraph (c) above shall not apply where the 'model glue ' is sold, delivered or given simul- taneously with and as a part of a 'kit ' used for the construction of model airplanes, model boats, model automobiles , model trains or other similar models . " (f) It shall be unlawful for any person selling or offering for sale 'model glue ' to display the same on open shelves or counters in his business establishment in such a manner as to make the same accessible to customers or other members of the public. " (g) It shall be unlawful for any person to carry upon his Person 'model glue ' , 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 - 3 - the residence or place of business of such person in connection with the building of model airplanes, boats, automobiles or other similar uses . " (h) It shall be unlawful for any person intentionally to possess, buy, sell or otherwise transfer any 'model glue ' as herein defined, for the purpose of inducing or aiding any other person to violate the provisions of Section 20-10 . " SECTION 2 . 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 Two Hundred Dollars ($200 .00) and each offense shall be deemed to be a separate violation and punishable as a sep- arate offense. SECTION 3. Should any provision be held to be invalid for any reason, such holding shall not render invalid any other provision, and same for this purpose are deemed to be severable. SECTION 4. The fact that minors under the age of twenty- one years are easily obtaining "model glue" , as herein defined, and are inhaling fumes therefrom for the purpose of inducing effects that are harmful to their health, creates an urgency and an emergency in the preservation of the public peace, health, safety, comfort and general welfare and requires that this ordi- nance shall take effect immediately from and after its passage and it is accordingly so ordained. PASSED AND APPROVED this the 23rd day of October, 1967 . M ATTEST: _ f. City Clerk — - ' `Affidavit of Publication I - - of Wichita.'Falls requesting-the same-.in 1 his official. capacity. ORDINANCE NO.AMENDING "(d) It shall be unlawful for any per- 1 ORDINANCE AMENDING CHAP- son to sign and furnish any consent let- TER 20 THE THE CODE OF ORDALL ter of the sort referred to in paragraph 1 OF TEXAS TES TEXAS, BYE CITY OF WICHITA FALLS, (c) above that is false in any respect. TEXAS, 20-10.1,ADDING THERETO A NEW SECTION 20-10.1, "GLUE — SALE AND "(e) The provisions of paragraph (c) , USE OF 'MODEL GLUE' FOR UNLAW- above shall not apply where the 'model yyIC�'IA FUL PURPOSES"; DEFINING "MODEL glue' Is sold, delivered or given simul- GLUE" AND "KIT"; PROHIBITING taneously with and as a part of a 'kit' THE SALE OR OTHER TRANSFER OF used for the construction of model air- November 1"MODEL GLUE" TO ANY PERSON planes, model boats, model automobiles, 8th day of 1CV@Ia1Jet1' model trains or other similar models. 8 h UNDER TWENTY-ONE YEARS OF AGE "(f) It shall be unlawful for any per- SUCH WRITTEN CONSENT OF son selling or offering for sale 'model AN,SUCH MINPT'S PARENT OR GUARD";AS PART OF A glue'to display the same on open shelves PROHIBITING DISPLAY OF "MODEL or counters In his business establishment . personally appeared before me, the undersigned authority GLUE" ACCESSIBLE TO THE PUBLIC; In such a manner as to make the same .4,. PROHIBITING ANY PERSON FROM accessible to customers or other mem- CARRYING therms Parrish "MODEL GLUE" WITH bees the public. CERTAIN EXCEPTIONS; PROHIBIT- (g)I , bookkeeper It shall be unlawful for any per- ING ANY PERSON FROM INTENTION- son to carry upon his person 'model ALLY OBTAINING "MODEL GLUE" glue,'a herein defined,ed, unless l ss the s e FOR THE PURPOSE INDUCING purchase to his place of residence ores Publishing Company of 'Wichita Falls, publishers of the OTHERS TO VIOLATE CERTAIN PRO- business, or Is a part of a 'kit' as herein"' g p an y VISIONS OF THIS ORDINANCE;DINANCE; PRO- defined. Provided that this shall not. VIDING FOR A PENALTY; PROVID- prohibit the use of the same at the ills Record News, a newspaper published at Wichita Falls in ING A SEVERANCE CLAUSE; AND residence or place of business of such DECLARING AN EMERGENCY, person in connection with the building WHEREAS, the current easy access of model airplanes, boats, automobiles or in,y, Texas, and upon being duly sworn by me, on oath states and availability of model glue to hive- other similar uses. Hiles encourages the harmful practice of „(h) It shall be unlawful for any per- inhaling the fumes therefrom; and, son Intentionally to possess, buy, sell-ached;advertisement is a true and correct copy of advertising WHEREAS, It is in the public interest or otherwise transfer any 'model glue' to regulate the sale of glues and ce- as herein defined, for the purpose of In meats containing volatile solvents. ducing or aiding any other person to via One NOW, THEREFORE, BE IT ORDAIN- late the provisions of Section 20-10." 1 One {o 1 issues thereof on the following ED BY THE BOARD OF ALDERMEN SECTION 2. That any person or per- OF THE CITY OF WICHITA FALLS, sons who violate any provisions of this TEXAS: ordinance shall be guilty of a misde- 1.,., 1 SECTION 1. That Chapter 20 of the meanor and upon conviction thereof November 1, 1967 Code of Ordinances of the City of shall be subject to a fine not to exceed •i 7 Wichita Falls, Texas, be and the same is Two Hundred Dollars (5200.00) and • hereby amended by adding thereto a new each offense shall be deemed to be a Section 20-10.1, which shall read as fol- separate violation and punishable as a lows "Section 20-10.1. Glue — Sale and Use separate offense. of 'Model Glue' for Unlawful Purposes. SECTION 3. Should any provision bey ��'�•�� - a �"''�'"� +. "(a) As used herein 'model glue' shall held to be invalid for any reason, such mean any glue or cement of the type holding shall not render Invalid any Bookkeeper for Times Publishing Company commonly used in the building of model other provision, and same for this pur-, of Wichita Falls airplane, boats, and automobiles, or pose are deemed to be severable, any similar substance which contains one SECTION 4. The fact that minors un- cr more of the following volatile sol- der the age of twenty-one years are easi-1 vents: ly obtaining "model glue," as herein defined, and are inhaling fumes there-gibed' and sworn to before me this the day and year first above 1. Acetone 2. Amylacetate from for the purpose of inducing effects i 3. Benzol or Benzene that are harmful to their health, creates'. 4. Butyl Acetate an urgency and an emergency in they 5. Butyl Alcohol preservation of the public peace, health,i 6. Carbon Tetrachloride safety, comfort and general welfare and „f J - requires that this ordinance shall take I ,✓''�� 7. Chloroform effect immediately from and after its, .,..-4- ..°` 2 yy„-.�,,,.,^�Y 8. Ethan exanone passage and.it Is accordingly so ordain _ 9. Ethanol or Ethyl Alcohol ed. 10. Ethyl Acetate PASSED AND APPROVED this the 11. Hexane 23rd day of October, 1967. -- 12. Isopropanol or Isopropyl Alcohol s—R. C. Ranvier, Mayor. ATTEST: - 13. Isopropyl Acetate ,—Wilma J. Thomas, City Clerk - .. - 14. Methyl 'Cellosolve' Acetate , 15. Methyl Ethyl Ketone 16. Methyl Isobutyl Keton 17. Toluol or Toluene 18. Trichloroethylene 1 19. Tricresyl Phosphate 20. Xylol or Xylene or any other solvent, material, substance,, chemical, or combination thereof, hav-I ing the property of releasing toxic va-1 pors. I "(b) As used herein 'kit' shall mean! any collection of materials used for the construction of model airplanes, model boats, model automobiles, model trains ,or other similar assemblage of construc- t lion materials. "(ci It shall be unlawful for any per- son son knowingly and Intentionally to sell or otherwise transfer possession of any type of 'model glue' to any minor un- Ider the age of twenty-one years for any purpose whatsoever, unless at the I time of the sale or other transfer of pos- 1 session said minor Is accompanied 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 guar- dian is signed by said parent or guardi- 'an in the presence of the person mak- ing the sale or transfer. In such cases, the seller or transferor shall make a written record of such transaction, show- ing the name, address, sex and age of the minor, as well as the name and ad- dress of the consenting parent or guar- dian, which said record must be kept available for inspection by the police for, a period of at least twelve (12) months from the date of sale or transfer; pro- . vided separate records need not be kept if the seller or transferor retains the con- . i sent letter, where such letter contains all the required Information as herein ' set forth. At any time that an establish- ment is open for business, the police shall have full authority to Inspect any and all records,pertaining to the sale of 'model glue' as herein defined, and it shall be a violation hereof to refuse the records to any police officer of the City