§ 38-96. Irritants.

(a)

It shall be unlawful for any person to open, break, expose, convey or place, or cause to be opened, broken, exposed, conveyed or placed, in any street, place which is public in nature, building or enclosure, any container having therein any substance, powder, fluid, material or a combination thereof, which will or may cause the emission of obnoxious odors, fumes, gases or irritants which may cause injury, discomfort or prejudice to any other person; provided, however, that the provisions of this section shall not apply to the use thereof by a law enforcement agency of the federal, state or municipal government, or where the use of the same is for the protection of life, limb or property.

(b)

It shall be unlawful for any person to prepare, make, assemble, combine, sell or manufacture any substance, powder, fluid, material or a combination thereof, which will or may cause or produce an obnoxious odor, or gases, or irritants, with the intent or knowledge that the same will be used in any street, place which is public in nature, building or enclosure for the purpose of causing injury, discomfort or prejudice to the public, except as provided in subsection (a).

(Code 1950, §§ 844.1, 844.2)