§ 11-05-290. Generally—Sale, use of glue, etc., restricted.

(a)

Definition. "Glue" includes, but is not limited to, what is commonly referred to as plastic or model airplane cement and includes andy cement containing hexane, benzene, toluene, xylene, carbon tetrachloride, chloroform, ethylene dichloride, acetone, cyclohexanone, methyl ethyl ketone, methylisobutyl ketone, amyl acetate, butyl acetate, ethyl acetate, tricresyl phosphate, butyl alcohol, ethyl alcohol, isopropyl alcohol or methylcellosolve acetate.

(b)

Abuse of chemical substances prohibited. It shall be unlawful for any person to:

(1)

Smell, sniff or inhale the fumes or vapors from a glue, aerosol spray, or other chemical substance for the purpose of causing a condition of or inducing symptoms of intoxication, elation, euphoria, dizziness, excitement, irrational behavior, exhilaration, stupefaction or dulling of the senses or for the purpose of in any manner changing, distorting, or disturbing the audio, visual or mental processes;

(2)

Intentionally possess a glue, aerosol spray product or other chemical substance for any purpose set forth in the above provision of this section.

(c)

Sale of glue to minors prohibited. No person shall sell glue to any person under the age of eighteen (18). A state driver's license shall be prima facie proof of age.

(d)

Accessibility. Any vendor of glue shall secure all glue in an area which is not accessible to minors and shall not display glue on any display shelf that is accessible to minors.

(e)

Records required. Wholesale distributors of glue shall make available to the health and environment department and to law enforcement agencies of the state, county and city, during business hours, their records of all sales to retailers of glue.

(f)

Exceptions. The provisions of this section do not apply to any aerosol spray product or other chemical substance used for legitimate medicinal purposes and obtained either on a prescription basis or for medicinal purposes by a person over the age of eighteen (18).

(g)

Penalty. Any person found guilty of violating any provision of this section shall be subject to punishment as provided in section 1-01-100 of this Code. Any person who violates any provision of this section is guilty of a misdemeanor. The sentence or fine may be waived in the discretion of the court in the case of any person who has not been previously convicted of violating this section and who has successfully completed a drug education or treatment program approved by the court.

(Ord. No. 599, §§ 1—7, 12-11-79)