HomeMy WebLinkAboutOrdinance 5972 Ly
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ORDINANCE NO.
AN ORDINANCE AMENDING ARTICLE XVIII OF CHAPTER
19 OF THE FORT WORTH CITY CODE (1964) BY ADDING
THERETO A NEW SECTION TO BE 19-441 "GLUE - SALE
AND USE OF 'MODEL GLUE' FOR UNLAWFUL PURPOSES";
DEFINING "MODEL GLUE" AND "KIT"; PROHIBITING
THE SALE OR OTHER TRANSFER OF "MODEL GLUE" TO
ANY PERSON UNDER EIGHTEEN YEARS OF AGE WITHOUT
WRITTEN CONSENT OF SUCH MINOR'S PARENT OR GUARD-
IAN, EXCEPT AS PART OF A "KIT"; PROHIBITING
DISPLAY OF "MODEL GLUE" ACCESSIBLE TO THE PUBLIC;
PROHIBITING ANY PERSON FROM INHALING "MODEL GLUE"
WITH THE INTENT TO PRODUCE CERTAIN EFFECTS ON
MIND AND BODY; PROHIBITING ANY PERSON FROM
CARRYING "MODEL GLUE" WITH CERTAIN EXCEPTIONS;
PROHIBITING ANY PERSON FROM INTENTIONALLY OB-
TAINING "MODEL GLUE" FOR THE PURPOSE OF INDUCING
OTHERS TO VIOLATE CERTAIN PROVISIONS OF THIS
ORDINANCE; PROVIDING FOR THE REPEAL OF CON-
FLICTING ORDINANCES; PROVIDING FOR A PENALTY;
PROVIDING A SEVERANCE CLAUSE; AND DECLARING
AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS:
SECTION 1.
That Chapter 19 of the Fort Worth City Code (1964) be
and the same is hereby amended by adding thereto a new sec-
tion designated as Section 19-441, which section shall be and
read as follows:
"Section 19-441. 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
16. Methyl Isobutyl Keton
17. Toluol or Toluene
18. Trichloroethylene
19. Tricresyl Phosphate
20. Xylol or Xylene
or any other solvent, material, substance, chemi-
cal, or combination 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 assemblage of con-
struction 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 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 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 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 avail-
able 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
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any time that an establishment is open for busi-
ness, 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 re-
cords to any police officer of the City of Fort
Worth 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 paragraph (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 simultaneously with and as a
part of a 'kit' used for the construction of model
airplanes, model automobiles, model trains or
other similar models.
" (f) It shall be unlawful for any person
selling or offering for sale 'model glue' to dis-
play 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
inhale or to otherwise induce into his respiratory
or circulatory system an;, 'model glue' as herein
defined, with the intent of becoming intoxicated,
elated, dazed, paralyzed, irrational or in any
manner changing or distorting his eye sight, think-
ing process, judgment, balance or coordination.
" (h) It shall be unlawful for any person to
carry upon his person 'model glue' , as herein de-
fined, 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 the residence or place of
business of such person in connection with the
building of model airplanes, boats, automobiles,
or other similar uses.
" (i) It shall be unlawful for any person
intentionally to possess, buy, sell1or otherwise
transfer any 'model glue' as herein defined, for
the purpose of inducing or aiding any other per-
son to violate the provisions of paragraphs (g)
and (h) hereof. "
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SECTION 2.
That all ordinances or parts of ordinances inconsist-
ent or in conflict with the provisions of this ordinance are
hereby expressly repealed.
SECTION 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 sep-
arate offense.
SECTION 4.
Should any section, subsection, sentence, provision,
clause or phrase be held to be invalid for any reason, such
holding shall not render invalid any other section, subsec-
tion, sentence, provision, clause or phrase of this ordi-
nance, and same for this purpose are deemed to be severable.
SECTION 5.
The fact that minors under the age of eighteen 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
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that this ordinance shall take effect immediately from and
after its passage and publication as required by law and
it is so ordained,
APPROVED AS TO FORM AND LEGALITY:
7 i
S. G. Johndroe, Jr,
City Attorney