HomeMy WebLinkAbout79-2327 ord ORDINANCE NO. 79-2327
AN ORDINANCE PROHIBITING THE INHALING, BREATHING OR DRINKING
OF CERTAIN DESIGNATED COMPOUNDS, LIQUIDS, CHEMICALS OR
SUBSTANCES WITH THE INTENT OF BECOMING
INTOXICATED; PROVIDING FOR A PRESUMPTION OF INTENT TO
COMMIT THE OFFENSE WHENEVER THE MEANS USED IS SUCH
AS WOULD ORDINARILY RESULT IN A CONDITION
OF INTOXICATION; PROHIBITING THE POSSESSION OF ANY
SUBSTANCE CONTAINING SUCH DESIGNATED CHEMICALS WITH
INTENT TO INHALE SAME; CALLING A PUBLIC HEARING;
AND PROVIDING PENALTY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY PLAINVIEW:
PART I.
SECTION 1: NO person shall inhale, breath, or drink any
compound, liquid, chemical, substance, or any other material with
the intent of becoming intoxicated, elated, dazed, paralyzed,
irrational, or in any other manner, changing, distorting, or
disturbing the eyesight, thinking process, judgment, or coordination
of any such person. For the purpose of this section, any such
condition so induced shall be deemed to be an intoxicated condition.
SECTION 2: The provisions of this section shall not pertain
to any person who inhales, breathes, or drinks such material or
substance pursuant to the direction or prescription of any doctor,
physician, surgeon, dentist, or podiatlrist authorized to so direct
or prescribe. The provisions of this section shall not pertain to
any person who inhales, breathes, or otherwise in any manner, use
intoxicating liquor as defined by the TeXas Liquor Control Act, nor
shall the provisions of this section appSy to any persons who inhale,
breat]he, or drink, or otherwise in any manner, use any narcotic,
dangerous drug, or other material or substance or combination
thereof as defined by, and the use of Which is prohibited or regulated
by, any law of the State.
SECTION 3: The intent to commit the offense set out in this
section is presumed whenever the means u~ed is such as would ordinarily
result in the commission of the forbidde~ act.
For the purpose of establishing a penalty for the violation
of this provision, the following group of volatile solvents shall
be established as prohibited substances:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
Acetone
~ylacetate
Benzol or Benzene
Butyl Acetate
Butyl Alcohol
Carbon Tetrachloride
Chloroform
Cyclohexanone
Ethanol or Ethyl Alcohol
Ethyl Acetate
Hexane
ISopropanol or Isopropyl Alcohol
Isopropyl Acetate
Methyl "Cello Solve" Acetate
Methyl Ethyl Ketone
Methyl Isobutyl Ketone
Toluol or Toluene
Trichloro Ethylene
Tricresyl Phosphate
Xylol or Xylene
Amyl Nitrite
Butyl Nitrite
Ether Compunds
Proof that a container was labeled as containing one or
more of the volatile solvents listed above shall constitute prima
facie evidence that any substance in said container did include
the volatile solvent.
SECTION 4: It shall be unlawful for a person to have in his
possession any substance containing one or more of the volatile
chemicals listed above with the intent to inhale such chemicals.
PART I I.
Any person who shall violate any of the provisions of this
Ordinance shall be deemed guilty of a misdemeanor and upon conviction
thereof shall be punished a fine of not more than $200.00.
PART ]III.
That should any section, paragraph, sentence, clause, phrase or
word of this Ordinance be declared unconstitutional or invalid for
any reason, 'the remainder of this Ordinance shall not be effected
thereby.
PART IV.
That upon passage of this Ordinance on first reading the
City Secretary be and is hereby authorized and directed to cause
to have published in the Plainview Daily Herald, a daily newspaper
of general circulation in the City of Plainview a notice that a
public hearing will be held in the Council Chamber of the City
Hall in Plainview, Texas at 7:30 p.m. on the 26thday of
June , 1979, to permit the public to be heard prior to
consideration of this Ordinance for second and final reading, said
publication to be made more than fifteen (15) days prior to the
time designated for such hearing.
PASSED on first reading this, the ~4t~ day of June ,
1979.
A notice of the time and place, where and when said Ordinance
would be given a public hearing and considered for final passage
was published in the Plainview Daily Herald, a daily newspaper of
general circulation in the City of Plainview, Texas, said publication
being on the ]]th day of June , 1979, the same being more
than fifteen (15) days prior to the time designated for said hearing.
After such opportunity for the public to be heard, said ordinance
was passed on second and final reading.
PASSED on second and final reading this, the 26th day of
June , 1979.
ATTEST:
Walter S. Dodson, City Clerk
APPR0VlED: ~? /~~/
Tone'Hamilton, City Attorney