§ 24-12.7. Stink bombs.

(a)

For purposes of section 24-12.7, "stink bomb" shall mean any device, container, ampule, vial or glass ball capable of being concealed on the person and containing substances which, upon release to the air, create an unreasonable and noxious odor. Stink bombs shall include but not be limited to:

(1)

Items and novelties labeled, sold as or intended to be sold as stink bombs; or

(2)

Items commercially produced or individually crafted whose primary purpose is the production of a noxious odor.

(b)

It shall be unlawful for any person to sell a stink bomb of any description to a person who was not at least eighteen (18) years of age.

(c)

It shall be an affirmative defense to prosecution brought under subsection (b) hereof that:

(1)

The substance or substances within the container were edible foodstuffs; or

(2)

The substance in the container was tear gas, CS, or ground pepper, and such substance was sold or used for purposes of law enforcement or legitimate self-defense concerns.

(Ord. No. 6109, § 1, 4-2-92)

State law reference

Disorderly conduct, V.T.C.A., Penal Code § 42.01.