Rules for storing and moving obnoxious substance devices

(a) Agencies described in subsections 14-9(b) and (c) shall be subject to the following conditions of purchase, use, storage, possession, transportation, and other requirements in connection with an obnoxious substance. (b) All devices emitting obnoxious substances owned by an agency except those enumerated in subsection 14-9(c), which may be secured in a locked compartment in the agency vehicle, shall be stored at a single location which is under the exclusive control of the agency and approved by the chief of police. The issuance and reissuance of the devices shall only be to employees authorized under subsection 14-11(b) according to controls approved by the chief of police. In addition, an accurate record of the issuance and return of all devices as well as the number of devices in the possession of each employee and the number in possession of the agency shall be kept by the agency. (c) The possession and transportation of a device by an employee shall be, unless otherwise provided, restricted to: (1) Transportation between the place of storage and the place of performance of the approved service; (2) The location where the services for which the use of the device was approved are being performed; and (3) Transportation from one place of performance of an approved service to another, if during the course of the employee’s duties the employee is required to provide services at more than one place. (d) The employee shall discharge or use the device only within the scope of and when reasonably necessary to employment. (e) The agency will be liable for the negligent use or misuse of a device under its control whether or not the device is being used by its employee within the scope of employment; provided, the penalty provision of section 14-16 shall not apply to the agency for the unlawful act of its employee unless the act is permitted or induced by the action of the agency. (f) The records and procedures for the possession, use, and transportation of a device shall be subject to inspection by the chief of police from time to time.