The Town Board of the Town of Hempstead finds that it is in the best interests of the Town of Hempstead to establish Chapter
172 of the Town Code entitled "Intentional Release of Balloons. It is the purpose of this chapter to reduce the negative impact that balloons have on the environment by discouraging the intentional release of balloons. Balloons waste natural resources, including helium, which is a finite resource that is also needed for important medical uses. Balloons litter our communities, pollute our waterways and kill wildlife. Balloon ribbon is also hazardous as it can choke or entangle marine life, which can injure or kill wildlife. The Town of Hempstead believes all efforts need to be made to prevent further damage to the environment by requiring the proper disposal of balloons and prohibiting the intentional release of balloons.
The Town Board of the Town of Hempstead finds and determines
the following:
A. Latex and Mylar balloons are a common form of floating garbage within
200 miles of American shorelines and constitute dangerous debris since
they are frequently mistaken by sea life as food.
B. Balloons are composed of materials that cannot be digested by marine
life, causing animals to either choke on the balloon or creating an
intestinal obstruction which will kill the animal.
C. While latex balloons may breakdown over time into a sticky substance
in salt water, Mylar or foil balloons never degrade.
D. Balloon ribbon is also hazardous, as it can choke or entangle marine
life in a manner that limits their mobility.
E. Balloon releases are also a concern inland as they can travel to
our lakes, ponds and streams, enter our waterways via storm drains,
and entangle terrestrial wildlife.
F. Balloons also present a strain on natural resources, especially helium.
Helium is a finite resource which is currently depleted. Helium is
needed in various scientific, technological and medical uses, including
but not limited to MRI machines, cleaning rocket fuel tanks, and manufacturing
computer chips.
G. Balloon debris on Town of Hempstead and Nassau County beaches is
prolific.
H. The most effective way to reduce balloon debris in the Town of Hempstead
and its waterways and protect the environment is to prohibit the intentional
release of balloons entirely.
When used in this chapter, the following word shall have the
meaning indicated unless the context specifically indicates otherwise:
BALLOON
A flexible nonporous bag made from materials such as rubber,
latex, Mylar, polychloroprene or nylon fabric that can be inflated
or filled with a gas, such as helium, hydrogen, nitrous oxide, oxygen,
air or water, and then sealed at the neck, usually as a toy or decoration.
The restrictions contained in §
172-4 shall not apply to:
A. Balloons that are being used for the purpose of carrying scientific
instrumentation during the performance of an experiment or testing
procedure or by a person on behalf of a governmental agency or pursuant
to a governmental contract for scientific or meteorological purposes;
B. Hot-air balloons that are recovered after launching; and
C. Balloons released indoors, except that such balloons must be disposed of in accordance with§
172-4B.
Any person, firm, corporation or other entity committing an
offense against any provision of this chapter shall, upon conviction
thereof, be guilty of a violation pursuant to the Penal Law of the
State of New York, punishable by a fine not exceeding $100.
If any clause, sentence, paragraph, subsection, section or part
of this chapter or the application thereof to any person, individual,
corporation, firm, partnership, entity or circumstance shall be adjudged
by any court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair, or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, subsection, section or part of this chapter or
in its application to the person, individual, corporation, firm, partnership,
entity, or circumstance, directly involved in the controversy in which
such judgment or order shall be rendered.