The council finds that:

A. Large numbers of paraffin or wax containers are being discarded on the sidewalks of the city by children. Such containers, when discarded, become soft from the warmth of the sun and create a waxy, oily, greasy, slippery, dangerous and unsightly condition. The condition is aggravated because the contents of the containers attract large numbers of noxious flies.

B. The discarded wax containers constitute a hazard to pedestrians and make the sidewalks unsafe for foot travel because of the greasy and slippery condition resulting on the sidewalks. Several persons have fallen because of that condition. Such containers are a hazard to the health of the city because of the number of flies attracted to them.

C. Because of the hazard to pedestrians and the hazard to health and safety, the presence of the containers is a public nuisance.

D. This public nuisance can best be abated by prohibiting the retail sale, gift or transfer of the containers to any person under the age of eighteen years in the city. (Prior code § 16-1)

No person engaged in the business of selling goods, wares, merchandise, food, candy, confections or refreshments at retail shall sell or offer to sell, give or offer to give, or transfer or offer to transfer to any person in the city who is under the age of eighteen years any confection, candy, liquid, cola drink or other refreshment in paraffin or wax containers or other similar type of containers which will create the condition described in Section 8.40.010 if discarded on the sidewalk. (Prior code § 16-2)

Upon learning of any violation of this chapter or upon learning of any threat to violate or to continue to violate this chapter, the city manager may, with the approval of the council, direct that an action be brought in the name of the city to enjoin the violation or continued violation of this chapter. (Prior code § 16-3)