Loading...
HomeMy WebLinkAbout06059ORDINANCE NO. 6059 AN ORDINANCE AMENDING SECTION 602 OF CHAPTER 1 OF TITLE XI OF THE 1971 CODE OF ORDINANCES OF THE CITY OF PUEBLO RELATING TO SUBSTANCE ABUSE AND IMPOSING PENALTIES FOR THE VIOLATION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate matter to be omitted, underscoring indicates new matter) SECTION 1 Section 602 of Chapter 1 of Title XI is hereby amended to read as follows: 11-1-602: SUBSTANCE ABUSE 1(1) It shall be unlawful and a Class 1 municipal offense for any person to possess any toxic, noxious or volatile chemical, compound or substance with the intent to inhale or ingest such chemical, compound or substance for the purpose of altering his mental condition. (2) This section has no application to alcoholic or fermented malt beverages nor any application to any drug, compound or substance regulated under Title 12 of the Colorado Revised Statutes of 1973.1 W 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 (1), nor shall any person knowingly aid any other person to use any such substance for the purposes described in this subsection �1 ). This subsection (1) shall not apply to the inhalation of anesthesia or other substances for medical or dental purposes. Any person who knowingly violates the provisions of subsection (1) of this section commits the offense of abusing toxic vapors. Abusing toxic vapors is a class I municipal offense, except that no person shall receive a sentence to confinement in jail for being, convicted of a first offense pursuant to this subsection (2). Any person convicted of a second or any subsequent offense pursuant to this subsection (2 ) may receive a sentence to confinement in jail. W For the purposes of this section, the term "toxic vapors" means the following Substances or products containing such substances: (,I) Alcohols, including methyl, isopropyl, propyl, or butyl; b Aliphatic acetates, including ethyl, methyl, propyl, or methyl cellosolve acetate, (c) Acetone: W Benzene_ oe Carbon tetrachloride; f Cyclohexane: Freons, including freon 11 and freon 12; Hexane: 0 Methyl ethyl ketone; Methyl isobutyl ketone, Naphtha; Perchlorethylene; " Toluene; Trichloroethane; or (o) Xylene. W In a prosecution for a violation of this section, evidence that a container lists one or more of the substances described in subsection (3l 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, SECTION 2 This Ordinance shall become effective upon final passage and approval. INTRODUCED February 12 , 1996 ATTEST l Vii` 14�Q R City CIer By j Verna Councilperson APPROVED: `�,_ - 1. - -, f. _� t, e ,�,� G e__. Presedent of the City Council -2-