§ 5.28.010. Inhalation unlawful—Exceptions.

(A)

Abusing toxic vapors is possessing, buying, using, smelling or inhaling the fumes of toxic vapors with the intent of causing a condition of euphoria, excitement, exhilaration, stupefaction, or dulled senses of the nervous system, or to sell, give, or offer to sell or give to any other person any of the elements, compounds or combination of both elements and compounds as defined in subsection (D), if such person has knowledge that the product will be used in violation of this section.

(B)

This subsection shall not apply to the inhalation of anesthesia or other substances for medical or dental purposes.

(C)

Abusing toxic vapors is a misdemeanor, and such sentence shall include a term of imprisonment of not more than six months and/or a $1,000.00 fine. In addition to any sentence or fine imposed, the court shall enter an order which requires that the person enroll in and successfully complete an alcohol and drug safety action education program or treatment program as provided in K.S.A. 8-1008, and amendments thereto, or both the education and treatment programs.

(D)

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.

(E)

In a prosecution for a violation of this section, evidence that a container lists one or more of the substances described in subsection (D) 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. No. 45-349 § 1; Ord. No. 30-856 § 1; Ord. No. 49-256, § 12, 5-8-2012)