CHAPTER 11. PUBLIC OFFENSESCHAPTER 11. PUBLIC OFFENSES\Article 3. Certain Materials Unlawful

It is unlawful for any person within the corporate limits of the City to smell or inhale the fumes from any elements, compounds, or combinations of both elements and compounds as defined in Section 11-304 for the purpose of causing a condition of intoxication, hallucination, inebriation, excitement, stupefaction or the dulling of his brain or nervous system; provided, that nothing in this article shall be interpreted as applying to the inhalation of any anesthesia for medical or dental purposes as prescribed or administered by duly authorized personnel.

(Code 1961, 6-10-1; Code 2023)

No person shall, for the purpose of violating Section 11-301, use or possess for the purpose of so using, any of the elements, compounds or combination of both elements and compounds as defined in Section 11-304.

(Code 1961, 6-10-2; Code 2023)

No person shall sell, give, or offer to sell or give to any other person any of the elements, compounds or combinations of both elements and compounds as defined in Section 11-304 if he has knowledge that the product sold, given, or offered to be sold or given will be used for the purpose set forth in Section 11-301.

(Code 1961, 6-10-3; Code 2023)

For the purpose of this article, elements, compounds, or combinations of both elements and compounds shall be defined as any material in a liquid, solid, or gaseous state, which contains one or more of the following chemical materials: Hydrocarbons, to include but not limited to propane, benzene, toluene; alcohols, to include but not limited to methyl, ethyl, isopropyl and butyl; volatile esters, to include but not limited to ethyl, acetate, butyl acetate, amyl acetate; ketones, to include but not limited to acetone, methylethylketone, methylisobutylketone; halogenated hydrocarbons, to include but not limited to chloroform, ethylene dichloride, freon; halogenated derivatives of hydrocarbons, to include but not limited to pentachlorophenol; ethers, to include but not limited to ethyl ethers; and any elements, compounds, or combination of both elements and compounds that produce a condition of intoxication, hallucination, inebriation, excitement, stupefaction or the dulling of his brain or nervous system.

(Code 1961, 6-10-4; Code 2023)

Any person who violates any provision of this article is guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment not to exceed one year or by both such fine and imprisonment.

(Code 1961, 6-10-5; Ord. 2262; Code 2023)