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Home My WebLink AboutOrdinance 7990 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 22 "OFFENSES-MISCELLANEOUS, " OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1964) , BY AMENDING SECTION 27-44 THEREOF AND PROVIDING FOR DEFINI- TIONS OF "HARMFUL INHALANT, " "SPRAY PAINT, " MODEL GLUE, " "UNDERAGE VENDEE, " AND "KIT; " PROVIDING FOR PROHIBITION OF THE SALE OR TRANSFER OF HARMFUL INHALANTS TO UNDERAGE VENDEES; PROVIDING FOR CERTAIN DEFENSES; PROVIDING FOR EXCLUSION OF CERTAIN EVIDENCE; PROVIDING FOR CUMULATION OF NONCONFLICTING ORDINANCES; PROVIDING FOR REPEAL OF CON- FLICTING ORDINANCES; PROVIDING FOR REPEAL OF ORDINANCE NO. 5972; PROVIDING FOR SAVINGS CLAUSES; PROVIDING FOR A PENALTY CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; PRO- VIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION I That Section 27-44 of the Code of the City of Fort Worth, Texas (1964) , as amended, be and is hereby amended and shall hereafter read as follows: "Sec. 27-44. Harmful inhalants; certain transfers prohibited. A. The following terms shall, for purposes of this section, have the meanings hereinafter ascribed to them: 1. "Harmful inhalant" shall mean spray paint, model glue, and volatile substances containing butyl nitrite or its isomers. 2. "Spray paint" shall mean any aerosol container which contains or purports to contain paint, varnish, primer, rust preventative, lacquer, stain, enamel, gilt, solvent, or like substance. 3. "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) Cyclohexanonq (9) Ethanol or Ethyl Alcohol (Revised 9/26/79) (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, chemical, or combination thereof, having the property of releasing toxic vapors. 4. "Underage vendee" shall mean any vendee, buyer, or transferee less than eighteen years of age. 5. "Kit" shall mean any collection of materials used for the construction of model airplanes, model boats, model trains or other similar assemblage of construction materials. B. No person shall knowingly sell or otherwise transfer possession of any harmful inhalant to any underage vendee. C. It shall be an affirmative defense to any prosecution under this Section that: 1. such underage vendee was, in fact, purchasing or re- ceiving such harmful inhalant with the intent that such harmful inhalant would be used for a purpose intended by the manufacturer of such harmful inhalant; but any belief or perception of the vendor or trans- feror as to such underage vendee's intent shall be irrelevant for purposes of this defense; or 2. such underage vendee presented the transferor with identification which indicated such underage vendee to be eighteen years of age or older, which included a photograph of such underage vendee, and which appeared on its face not to be altered, mutilated, or forged. D. Except as provided for in Subsection C, 2, of this Section, any belief or perception of the transferor or vendor as to the underage vendee's age shall be irrelevant in any prosecution under this section, both for purposes of deciding guilt or innocence and for deciding punishment. 'Knowingly, ' as used in Subsection B of this Section shall refer only to the sale or transfer and shall not refer to the age of the underage vendee. " SECTION II That Ordinance No. 5972 of the City of Fort Worth, Texas, be and is hereby repealed and declared void; Providing, however, that any accrued civil or criminal violation, whether or not pending in court, detected or undetected, shall not be affected, but may be filed and prosecuted until final disposition by the courts. SECTION III That this ordinance shall be cumulative of all provisions or ordinances and the Code of the City of Fort Worth, Texas (1964) , as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event, such conflicting provisions of such ordinances and Code are hereby repealed. SECTION IV That all rights or remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of all ordinances which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending liti- gation, both civil and criminal, whether pending in court or not, detected or undetected, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION V That any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each day or portion thereof during which any violation of any of the provisions of this ordinance is committed, continued, or permitted, and each violation shall be punishable by a fine not exceeding two hundred dollars ($200.00) . SECTION VI That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared void, ineffective or unconstitutional by the valid judgment or final decree of a court of competent jurisdiction, such voidness, ineffectiveness or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation herein of any such void, ineffec- tive or unconstitutional phrase, clause, sentence, paragraph or section. SECTION VII That the City Secretary of the City of Fort Worth is hereby directed to publish the caption, penalty clause and effective date of this ordinance for five (5) days in the official newspaper of the City of Fort Worth, as authorized by Article 1176b-1, Revised Civil Statutes of Texas. SECTION VIII That the City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the cap- tion and penalty clause of same in the minutes of the City Council of Fort Worth and by filing the ordinance in the ordinance records of said City. SECTION IX That this ordinance shall be in full force and effect from and after the date of passage and publication as above specified. APPROVED AS TO FORM AND LEGALITY: Cc,'L // 111 , 4-e-411(_ City Attorney ADOPTED: �O EFFECTIVE: City of Fort Worth} Texas FILE ..,,,, VAg ayor and Council Communication HERCHERT HICKS DATE REFERENCE SUBJECT: Amendment to Chapter 22, Offenses - PAGE BAILIFF NUMBER Miscellaneous" of the City Code Regard- 1 u1 1 SMITH 9/25/79 G-4335 ing Sale of Spray Paint to Minors JONE Several years ago when our community was having a problem with juveniles Wing "model glue",an ordinance was passed prohibiting its sale to ��securl a A m nors. This ordinance was of valuable assistance in reducing the inci- dence of such activity. It has now come to the attention of the Police Department that glue-sniffing has pretty much ceased but has been replaced by juveniles sniffing paint from spray-type cans. In some areas of the City of Fort Worth, it is of epidemic proportions. It is believed that an ordinance which combines the prohibition of model glue and spray paint sales to juveniles would help prevent the growing incident rate of paint sniffing by the youngsters in Fort Worth. Recommendation It is recommended that the City Council adopt the attached amendments to Chapter 22 of the City Code. GG:ms Attachment SUBMITTED FOR THE CITY MANAGER'S DISPOSITIO Y COUNCIL: PROCESSED BY OFFICE BY: APPROVED ORIGINATING ��lrn �' OTHER (DESCRIBE) / DEPARTMENT HEAD: H. Hopkins f� a 4 �: f�, 7! :14 7 0 CC SECRETARY FOR ADDITIONAL INFORMATION ' :ONTACT: Carl Buchmann ext. 6585 DAZE