HomeMy WebLinkAbout1981-1319 - Ordinance - 09/10/1981ORDINANCE NO. 1319
AN ORDINANCE AMENDING CHAPTER 4 OF THE CODE
OF ORDINANCES OF THE CITY OF COLLEGE STATION,
BY ADDING THERETO A NEW SECTION TO BE
DESIGNATED AS "SECTION15 " TO BE ENTITLED
"SALE OF GLUE AND SPRAY PAINTS TO MINORS ",
DEFINING "MODEL GLUE ", "KIT", AND "SPRAY
PAINT ", PROHIBITING THE SALE OR OTHER
TRANSFER OF SUCH SUBSTANCES TO ANY PERSON
UNDER 18 YEARS OF AGE WITHOUT WRITTEN CONSENT
OF MINOR'S PARENT OR GUARDIAN, EXCEPT AS PART
OF A "KIT "; PROHIBITING DISPLAY OF "MODEL
GLUE" ACCESSIBLE TO THE PUBLIC; PROVIDING FOR
A PENALTY; AND PROVIDING A SEVERANCE CLAUSE.
BE IT ORDAINED BY THE CITY OF COLLEGE
STATION:
1.
That Chapter 4 of the Code of Ordinances of the City of
College Station, Texas, be and the same is hereby amended by
adding thereto a new section to be known as Section 15 which
shall read as follows:
Section 15: SALE OF GLUE AND SPRAY PAINTS TO MINORS
j A. DEFINITIONS
(1) 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.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
Acetone
Amylacetate
Benzol or Benzene
Butyl Acetate
Butyl Alcohol
Carbon Tetrachloride
Chloroform
Cyclohexanone
Ethanol or Ethyl Alcohol
Ethyl Acetate
Hexane
Isopropanol or Isopropyl Alcohol
Isopropyl Acetate
Methyl 'Cellosolve' Acetate or Methyl Acetate
Methyl Ethyl Ketone
Methyl Isobutyl Ketone
Toluol or Toluene
Trichloroethylene
Tricresyhl Phosphate
Xylol or Xylene
Camphor
'�1�
ORDINANCE NO. 1319
22.
23.
24.
25.
26.
Napthas
Vinyl Acetate
Isobutane
Propane
Methylene Chloride
or any other solvent, material, substance, chemical or
combination thereof, which is chemically related to the above
substances.
(2) As used herein, "spray paint" means any acrylic,
enamel, latex, or oil based paint packaged and sold in
pressurized containers, and which contains one or more of the
substances listed above, or which utlizes any of the chemicals or
substances known as "fluorocarbons" as a propellant, except such
spray paints as are sold in containers of 2 gallons liquid volume
or more.
(3) As used herein, "pressurized fluorocarbons" means any
fluorocarbon substances sold in containers of less than 5 lbs.
net weight, or 5 gal. liquid volume.
(4) 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 construction materials.
B. UNLAWFUL TO SELL TO PERSONS UNDER 18 YEARS OF AGE
"(1) It shall be unlawful for any person knowingly and
intentionally to sell or otherwise transfer possession of any
type of "model glue ", "spray paint ", or "pressurized
fluorocarbons" to any minor under the age of eighteen 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 of 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 transaction, 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 inspection 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 consent letter, where such letter contains
all the required information as herein set forth. At any time
that an establishment is open for business, the police shall have
full authority to inspect any and all records pertaining to the
sale of "model glue" and "spray paint" as herein defined, and it
shall be a violation hereof to refuse the records to any police
officer of the City of College Station requesting the same in his
�4w official capacity.
11 (2) It shall be unlawful for any person, sign and
ORDINANCE NO. 1319
furnish any consent letter of the sort referred to in paragraph
where the "model glue" or "spray paint" 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
orother similar models.
I'M 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
member of the public.
2.
That all ordinances or parts of ordinances inconsistent or
in conflict with the provisions of this Ordinance are hereby
expressly repealed.
3•
That any person or
(1) above
that
is false in
any
respect.
,,.
"(3)
The
provisions
of
paragraph (1) above shall not apply
where the "model glue" or "spray paint" 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
orother similar models.
I'M 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
member of the public.
2.
That all ordinances or parts of ordinances inconsistent or
in conflict with the provisions of this Ordinance are hereby
expressly repealed.
3•
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 separate offense.
4.
Should any section, subsection, sentence, provision, clause
or phrase to be held to be invalid for any reason, such holding
shall not render invalid any other section, subsection, sentence,
provisions, clause or phrase of this ordinance, and same for this
purpose are deemed to be severable.
PASSED AND APPROVED this the _ day of
September , 19 81
ATTEST: , r
G ER, C Ty S RETARY
035"
APPROVED:
ORDINANCE NO. 1319
APPR JF.NTON, O FORM:
d
LOWELL ITY ATTORNEY
0520