9.17.040 Inhalation of Certain Elements.
A. It shall be unlawful for any person within the City limits to:
1. Smell or inhale the Toxic Vapors from any elements, compounds or combinations of both elements and compounds as defined in subsection B of this Section, for the purpose of causing a condition of euphoria, exhilaration, intoxication, hallucination, inebriation, excitement, stupefaction or the dulling of the brain or nervous systems;
2. Use or possess for the purpose of using any of the elements, compounds or combination of both elements and compounds as defined in subsection B of this Section;
3. 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 subsection B of this Section if the person has knowledge that the product sold, given or offered to be sold or given will be used for the purpose set forth in 9.17.040(A)(1);
4. Nothing in this Section shall be interpreted as applying to the inhalation of any anesthesia or other substances for medical or dental purposes as prescribed or administered by duly authorized personnel.
B. For purposes of this Section, 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, or toluene; alcohols, to include but not limited to: methyl, ethyl, isopropyl, proyl, or butyl; volatile esters, to include but not limited to: ethyl, acetate, butyl acetate, amyl acetate, ketones, to include but not limited to: acetone, methyl ethyl ketone, methyl isobutyl keotone; halogenated hydrocarbons, to include but not limited to: chloroform, ethylene dichloride, Freon, including Freon 11 and Freon 12; halogenated derivatives of hydrocarbons, to include but not limited to pentachlorophenol; aliphatic acetates, including but not limited to ethyl, methyl, propyl or methyl cellosolve acetate; ethers, to include but not limited to ethyl ethers; carbon tetrachloride; cyclohexane; hexane; naphtha; perchlorethylene; trichlorethylene; xylene 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.
C. In a prosecution for a violation of this Section, evidence that a container lists one or more of the substances described in subsection B as one of the ingredients shall be prima facie evidence that the substance in such container contains toxic vapors.
D. Penalty. Upon a conviction, plea of no contest or guilty for violation of this Section, the municipal judge shall order such person to submit to and complete an alcohol and drug evaluation by a community-based alcohol and drug safety action program certified pursuant to K.S.A. 8-1008, and amendments thereto, and to pay a fee not to exceed the fee established by that statute for such evaluation. A diversion agreement based upon a violation of this Section shall also require a person to submit to and complete an alcohol and drug evaluation by a community based alcohol and drug safety action program certified pursuant to K.S.A. 8-1008, and amendments thereto and to pay a fee not to exceed the fee established by that statute for such evaluation.
E. Any person who violates this Section shall be guilty of a Class B Public Offense. (Ord. 09-59 § 12, 2009; Ord. 99-24 § 34, 1999.)