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HomeMy WebLinkAboutO-416AN ORDINANCE -OF THE CITY OF FAIRHOPE, ALA. \ Prohibiting the sale, offer of sale, delivery or gift to any person under 21 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. ' BE IT CRDAINED by the' City ,Council of Fairhope, Alabama, as follows: MODEL GLUE DEFINED. The definition of "model glue" as used in this chapter 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: (a) Acetone. (b) Amylacelate. (c) Benzol or benzene. (d). Butyl ace- tate. (e)Butyl alcohol. (f) Carbon tetrachloride. (g) Chloroform. (h) Cy- lohexanone. (i) Ethanol or ethyl alcohol. -(j) Ethyl acetate. (k) Hexane. (1:(Isopropa.nol or isopropyl alcohol. (m) Isopropyl acetate. (n) Methyl •'."Cellosolve" acetate.(o)Methyl ethyl ketone.(p) Methyl Isobutyl ketone. (q) Toluol or toluene. (r) Trichlorethylene. (s) Tricesyl Phosphate. (t) Xylol or Xylene, or any other solvent, material, substance, chemical, or combination thereof, having the property of releasing toxic vapors. It shall be unlawful for any person to intentionally possess any type of "model 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, excitement, irrational be- ! havior, exhilaration, paralysis, stupefaction or dulling of the senses or nervous system, or for the purpose of, in any manner, changing distorting or disturbing the audio, visual or mental processes; provided•, however, that this section shall not apply to the inhalation of any anesthesia for medical or dental purposes. UNLAWFUL TO HAVE SYMPTOMS FROM. USE OF MODEL GLUE. It shall be unlawful for any person to have the symptoms of intoxi- cation, elation, euphoria, dizziness, excitement, irrational behavior, -1- ■c Page 2. exhilaration, paralysis, stupefaction, or dulling of the senses or dulling of the nervous system, distortion of audio-visual or mental processes of such person from the use of any model glue. UNLAWFUL TO POSSESS MODEL GLUE. — It shall be unlawful for any person to intentionally posses any type of "model glue" for the purpose of using the same in the manner prohibited by the foregoing Sections of this chapter. UNLAWFUL•TO POSSESS, BUY, SELL OR TRANSFER MODEL GLUE. It shall be unlawful for any person to intentionally possess, buy, sell or otherwise transfer any type of "model glue" for the purpose of in- ducing or aiding any other person to violate the provisions of the foregoing Sections of this chapter. UNLAWFUL TO SELL OR TRANSFER MODEL GLUE TO MINORS. (a) It shall be unlawful for any person to knowingly and intention- ally sell or otherwise transfer, possession of any type of "model glue" to any minor under the age cf 21 years for any purpose whatsoever, unless at `the time of the sale or other transfer of possession said minor be accom- panied by his parent or guardian, as the case may be, and the written con- sent to such sale or transfer of said minor's parent or guardian be signed by said parent or guardian in the presence of the person making the sale or transfer. (b) In such cases. the seller nr 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 guardi- an, which said record must be kept available for inspection by the Depart- ment of Police for a. period of at least one year from date of transfer'; provided that such records need not be kept if the sellor or transferror retains the consent letters where such letters contain all of the re- quired information, as herein set forth. (c) It shall be unlawful to furnish any such consent letter which purports to be signed by a parent or guardian, which consent letter, or the signature signed thereto, is false in any respect. UNLAWFUL TO SELL MODEL GLUE TO PERSONS NOT BONA FIDE DEALERS• RECORDS It shall be unlawful for any wholesaler of 'merchandise to sell or transfer any quantity of "model glue" to any person whatsoever, who is not, Page 3. or does not represent, a recognized bona fide retail de•tvler in merchan- dise customarily handling such product in the ordinary course of his or its business at a fixedlocation. If any such prohibited sale is made by any wholesaler, it shall constitute prima facle evidence of an intent to violate the provisions of the foregoing Sections.of this chapter.. i UNLAWFUL FOR PERSONS NOT BONA FIDE DEALERS TO SELL MODEL GLUE. i (a) It shall be unlawful for any person, firm or corporation to engage in the retail sale of."model glue" unless such person, firm or corporation is 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 . (b) 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 tube, or other minimum sized container, of "model glue" to any one customer within any 24-hour period; provided, that the provisions 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 sec, and 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. (c) It shall be unlawful for any bona fide recognized retail dealer, as defined in paragraph (a) of this Section, to keep, maintain, or prom- inently 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 public, without actually receiving the same direct- ly from the retailer, -or his"bona fide authorized- representative. After publication required by law, this ordinance shall become ef- fective. Adopted march 109 1969 A PRROVED Mayor ATTEST: City Clerk t I, Marie Moore, Clerk of the City of Fairhope, Alabama, hereby certify that the foregoing attached pages numbered 1 through3 are a true and correct copy of Ordinance No. 416 duly adopted by the Fairhope City Council on March 10, 1969, as it appears in the Ordinance Book of the City of Fairhope, Alabama. I Clerk Af the City of Fairhope Alabama