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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