[HISTORY: Adopted by the Suffolk County Legislature 8-6-2002 by L.L. No.
17-2002 (Ch. 219 of the 1985 Code). Amendments noted
where applicable. Uncodified sections of local laws amending these
provisions are included at the end of this chapter.]
A.
This Legislature hereby finds that the release of helium and other
lighter-than-air balloons into the atmosphere has a deleterious effect
on the environment when the balloons inevitably deflate.
B.
This Legislature also finds and determines that these balloons, many
of which land in the ocean or Long Island Sound, represent the most
common form of floating garbage and flotsam within 200 miles of the
shore.
C.
This Legislature further finds and determines that the effect that
this pollution has on marine life is incalculable at the present time
and that research has indicated that marine life and animals ingest
these balloons as they appear near the surface because they believe
they are spotting jellyfish or other edible resources.
D.
This Legislature finds that since animals and marine life are not
able to process the balloons, they will either choke on the balloon
or the balloon will form an intestinal obstruction, either of which
will sentence these animals and marine life to a painful death.
E.
This Legislature also determines that Mylar and latex balloons which
have washed ashore are a source of pollution which Suffolk County
should decrease in order to eliminate the pollution, improve the County's
aesthetics, and reduce the amount of flotsam endangering marine and
animal life.
F.
Therefore, the purpose of this chapter is to prohibit the release
of helium or lighter-than-air balloons into the atmosphere within
the County of Suffolk in order to protect the air, land, and waters
of Suffolk County against environmental contamination and degradation
and to protect the health and life of animals, birds, and fish.
[Amended 9-4-2019 by L.L.
No. 31-2019]
No person, nonprofit organization, firm, corporation, or municipality
shall knowingly release, organize the release of, condone the release
of, or intentionally cause to be released into the atmosphere helium
or lighter-than-air gas balloons within the County of Suffolk.
[Amended 9-4-2019 by L.L.
No. 31-2019]
Any business organization, including, but not limited to, any individual, corporation, unincorporated association, proprietorship, firm, partnership, joint venture, joint-stock association, or other entity of any kind who or which sells or offers for sale helium or lighter-than-air gas balloons to any person within the County of Suffolk for compensation shall disclose, in writing, the restrictions set forth in § 310-2 of this chapter by conspicuously posting a statement of these restrictions at each point of sale (all capital letters not less than two inches in height on a contrasting background). This statement shall read as follows:
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IT IS UNLAWFUL TO RELEASE HELIUM OR LIGHTER-THAN-AIR GAS BALLOONS
IN SUFFOLK COUNTY.
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This chapter shall be enforced by the Suffolk County Department
of Health Services in accordance with the provisions of Article II,
§§ 760-202 through 760-220, of the Suffolk County Sanitary
Code.
A.
Willful failure to comply with §§ 310-2 and/or 310-3 of this chapter shall constitute a violation punishable by a civil fine of $500 for each violation. A second conviction for a violation of §§ 310-2 and/or 310-3 of this chapter, after having been convicted of a violation of §§ 310-2 and/or 310-3 of this chapter within the past two years, shall be punishable by a civil fine of $750. A third or any subsequent conviction for a violation of §§ 310-2 and/or 310-3 of this chapter, after having been twice or more convicted of same, within the last five years, shall be punishable by a civil fine of $1,000.
B.
Each day that a violation continues or exists shall constitute a
separate violation and be punishable by an additional civil penalty
of $500, $750, or $1,000, as the case may be, for each and every subsequent
day during which each such violation continues.
C.
Any civil penalty may only be assessed by the Commissioner of Health
Services following a hearing and opportunity for an alleged violator
to be heard.
The Commissioner of the County Department of Health Services
is hereby authorized and empowered to issue and promulgate such rules
and regulations as he or she deems necessary to implement and carry
out the provisions of this chapter.
A.
This chapter shall apply to the sale, distribution, or use of helium
or lighter-than-air gas balloons in Suffolk County occurring on or
after the effective date of this chapter.
B.
This chapter shall not apply to a release of balloons being used
for the purpose of carrying scientific instrumentation during the
performance of an experiment or testing procedure, balloons released
on behalf of a government agency or pursuant to a government contract
for scientific or meteorological purposes, hot air balloons that are
recovered after launching, and balloons released indoors.
[Amended 9-4-2019 by L.L.
No. 31-2019]
This chapter shall be null and void on the day that statewide
or federal legislation goes into effect, incorporating either the
same or substantially similar provisions as are contained in this
chapter, or in the event that a pertinent state or federal administrative
agency issues and promulgates regulations preempting such action by
the County of Suffolk. The County Legislature may determine via mere
resolution whether or not identical or substantially similar statewide
legislation has been enacted for the purposes of triggering the provisions
of this section.
This chapter shall take effect on the 180th day after filing
in the office of the Secretary of State.
