Any person other than a lawfully constituted peace officer of this city, or of the state, who deposits, leaves, places, sprays, scatters, spreads or throws in any building, or any place, or who counsels, aids, assists, encourages, incites or directs any other person or persons to deposit, leave, place, spray, scatter, spread or throw, in any building or place, or who has in his possession for the purpose of, and with the intent of depositing, leaving, placing, spraying, scattering, spreading or throwing, in any building or place, or of counseling, aiding, assisting, encouraging, inciting or directing any other person or persons to deposit, leave, place, spray, scatter, spread or throw, any stink bomb, stink paint, tear bomb, tear shell, or any other device, material, chemical or substance which, when exploded or opened, or without such exploding or opening, by reason of its offensive and pungent odor, does or will annoy, injure, endanger or inconvenience any person or persons, shall be guilty of a misdemeanor; provided, that this section shall not apply to persons in the military service, actually engaged in the performance of military duties, pursuant to orders from competent authority, nor to any property owner or persons acting under his authority providing protection against the commission of a felony. (Ord. 178 § 12, 1963)