Chapter 9.52
INHALING VAPORS1
Sections:
9.52.020 Presumption of inhaling.
9.52.010 Unlawful.
It is unlawful for any person deliberately to smell or inhale any drug or any other noxious substance, vapor or chemical containing any ketones, aldenydes, organic acetates, ether, chlorinated hydrocarbons or other substances containing solvents releasing vapors, in such excessive quantities as to cause conditions of intoxication, inebriation, excitement, stupefaction, hallucination or dulling of the brain or nervous system. This applies with particularity to, but is not limited to, model airplane glue, fingernail polish or any other substance or chemical which has the above-described effect upon the brain or nervous system. (Ord. 923 §1(1), 1968).
9.52.020 Presumption of inhaling.
Any person found within the city visibly in a condition of intoxication, inebriation, excitement, stupefaction or hallucination shall, if such condition was caused by the inhaling of substances such as described in Section 9.52.010, be presumed to have inhaled the same within the city, but such presumption may be rebutted by competent evidence and the ultimate burden of proof of venue shall be upon the city. The deliberate inhaling of such a substance as described in Section 9.52.010, if it produces a visible manifestation of a condition of the nature therein described, shall be prima facie evidence that the person so inhaling did so with the intent of producing such a state or condition. The act of inhaling may be proved by direct or inferential evidence satisfying the standards of proof and sufficiency otherwise required in the courts of the state. (Ord. 923 §1(2), 1968).
9.52.030 Exceptions.
This chapter shall not apply to the use of inhalants or the condition produced thereby, where such use is made or condition induced by or under the express direction or written prescription of a licensed physician for medical purposes. (Ord. 923 §1(3), 1968).
9.52.040 Penalty.
Any person violating any of the provisions of this chapter shall upon conviction be subject to punishment under the general penalty ordinance. (Ord. 1716 §13, 1995; Ord. 923 §2, 1968).
For statutory provisions concerning offenses involving narcotics and dangerous drugs, see ORS 167.202--167.252; for the provisions of the Uniform Narcotic Drug Act, see ORS Ch. 474; for the provisions on narcotic and dangerous drugs generally, see ORS Ch. 475.