11.08.170 Abusing toxic vapors prohibited.
A. No person shall knowingly smell or inhale the fumes of toxic vapors for the purpose of causing a condition of euphoria, excitement, exhilaration, stupefaction, or dulled senses of the nervous system. No person shall knowingly possess, buy, or use any such substance for the purposes described in this subsection, nor shall any person knowingly aid any other person to use any such substance for the purposes described in this subsection. This subsection shall not apply to the inhalation of anesthesia or other substances for medical or dental purposes.
B. Any person who knowingly violates the provisions of this subsection commits the Class B municipal offense of abusing toxic vapors; except that no person shall receive a sentence to confinement in jail for being convicted of a first offense pursuant to this subsection. Any person convicted of a second or subsequent offense pursuant to this subsection and may receive a sentence to confinement in jail.
C. For the purposes of this section, the term “toxic vapors” means the following substances or products containing such substances:
1. Alcohols, including methyl, isopropyl, propyl, or butyl;
2. Aliphatic acetates, including ethyl, methyl, propyl, or methyl cellosolve acetate;
3. Acetone;
4. Benzene;
5. Carbon tetrachloride;
6. Cyclohexane;
7. Freons, including Freon 11 and Freon 12;
8. Hexane;
9. Methyl ethyl ketone;
10. Methyl isobutyl ketone;
11. Naphtha;
12. Perchlorethylene;
13. Toluene;
14. Trichloroethane; or
15. Xylene.
D. In a prosecution for a violation of this section, evidence that a container lists one or more of the substances described in subsection (C) of this section as one of its ingredients shall be prima facie evidence that the substance in such container contains toxic vapors and emits the fumes thereof. (Ord. 655 §2, 2013)