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167 ORDINANCE NO. 1975 - 50 . AN ORDINANCE OF THE CITY OF SAN MARCOS, TEXAS, AMENDING CHAPTER 16, "MISCELLANEOUS OFFENSES AND PROVISIONS, "ARTICLE I, BY REPEALING SECTIONS 16-2(a) AND (b) PROHIBITING THE SALE OF GLUE, CEMENT, AND CERTAIN OTHER SUBSTANCES AND ENACTING A NEW SUBSECTION (a) AND (b) TO SEC. 16-2 PROHIBIT- ING THE SALE OF AEROSOL PAINT CONTAINING TOLUOL OR TOLUENE TO PERSONS UNDER 17 YEARS OF AGE AND REQUIRING COMMERCIAL ESTABLISHMENTS OFFERING SUCH SUBSTANCES FOR SALE TO REMOVE SUCH SUBSTANCES FROM PUBLIC ACCESS DISPLAYS. WHEREAS, the City Council has determined that aerosol paints containing toluol and toluene constitute a danger to San Marcos' youth if inhaled; and, WHEREAS, the inhaling of such substances has been identified as an urgent community problem; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. That Subsections (a) and (b) of Section 16-2, of Article I in Chapter 16 of the Code of Ordinances of the City of San Marcos, Texas, be, and is hereby, in all things repealed and deleted from such Code so as to no longer be of any force and effect. SECTION 2. That there is hereby enacted a new subsection (a) and (b) of Section 16-2, of Article I in Chapter 16 which shall read as follows: Sec. 16-2. Selling, inhaling paint, glue, etc. . (a) It shall be unlawful for any person within the corporate limits of the City of San Marcos to sell, offer for sale, or transfer possession of any glue, modeling cement, or of any copper, silver, gold, bronze, brass or aluminum aerosol paint containing toluol or toluene to any person under the age of seventeen (17) years. (b) It shall be unlawful for any person within the corporate limits of the City of San Marco" to display at any l;lUsiness establishment at which persons under 11 years of age are permitted to enter, any modeling glue, modeling cement, or any copper, silver, gold, bronze, brass, or aluminum aerosol paint containing toluol or toluene, in such a manner that these products are unattended by personnel of such business establishment and are accessible to a potential customer of such business establishment without the assistance of personnel of such establishment. SECTION 3. That this Ordinance shall take effect ten (10) days from and after its passage. PASSED AND APPROVED on first reading November 24, 1975. PASSED AND APPROVED on second reading December 8, 1975. PASSED, APPROVED AND ADOPTED December ~75. ;7 @ I iD........~ ~~- Emmie Craddock Mayor . AT"ST: ~ && . :o~am rick City Secretary APPROVED: J~~ Tom Akins City Attorney Published in the HAYS COUNTY CITIZEN December 18, 1975.