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0432 Toluene 1995CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 4 3 2 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ENACTING SECTION 9.08.220, POSSESSION OF TOLUENE; DECLARING TOLUENE TO BE A HARMFUL SUBSTANCE WHEN INHALED; PROVIDING THAT POSSESSION OF TOLUENE WITH THE INTENT TO INHALE A MISDEMEANOR; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Declaration. Toluene is a benzene compound which, when inhaled, has intoxicating effects, is carcinogenic and can cause damage to kidneys, gall bladder, stomach and the brain. Section 2. New Section 9.08.220. The following Section 9.08.220 is added to the Chubbuck Municipal Code: 9.08.220 Possession of Toluene with Intent to Inhale. A. Any person who possess toluene or any substance or material containing toluene, including, but not limited to, glue, cement, dope, paint thinner, paint and any combination of hydrocarbons, either alone or in combination with any substance or material including but not limited to paint, paint thinner, shellac thinner, and solvents, with the intent to breathe, inhale or ingest for the purpose of causing a condition of intoxication, elation, euphoria, dizziness, stupefaction, or dulling of the senses or for the purpose of, in any manner, changing, distorting, or disturbing the audio, visual, or mental processes, or who knowingly and with the intent to do so is under the. influence of toluene or any material containing toluene, or any combination of hydrocarbons is guilty of a misdemeanor. B. Any person who possesses any substance or material, which the State of Idaho has determined by regulations adopted pursuant to the Administrative Procedures Act has toxic qualities similar to toluene, with the intent to breathe, inhale, or ingest for the purpose of causing a condition of intoxication, elation, euphoria, dizziness, excitement, irrational behavior, exhilaration, satisfaction, stupefaction, or dulling of the senses or for the purpose of, in any manner, changing, distorting, or disturbing the audio, visual, or mental processes, or who is under the influence of such substance or material is guilty of a misdemeanor. ORDINANCE - Page 1 dec chbbck11.044 ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City of Chubbuck, Idaho, and any provision of the Chubbuck Municipal Code which are in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. Section 2. Severability. If any provision of this ordinance is held invalid, for any reason, by any court of competent jurisdiction, such holding shall not affect the validity or enforceability of any of the remaining provisions. Section 3. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is hereby dispensed with, and this Ordinance shall become effective upon its passage, approval and publication as provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 1 o t hday of January, 1995. YOR ATTEST: CITY CLERK ORDINANCE - Page 2 dec chbbck11.044