[HISTORY: Adopted by the County Legislature of the County
of Ulster 8-16-2016 by L.L. No.
5-2016. Amendments noted where applicable.]
GENERAL REFERENCES
Sparkling devices — See Ch. 305.
This chapter shall be known by and may be cited as "The Sky
Lantern Prohibition Act."
A.
Among the powers granted to counties by the New York State Legislature,
a county may adopt a local law that protects the safety, health, and
well-being of persons and property within the boundaries of the county
[New York State Municipal Home Rule Law § 10, Subdivision
1(ii)a(12)].
B.
The Ulster County Legislature finds that certain devices, including
but not limited to those devices commonly known as, "sky lanterns,"
"candle kites," "Chinese lanterns," "wish lanterns," and "sky candles"
have become very popular in recent years. These devices are released
in mass launches to commemorate events such as holidays, funerals,
birthdays, and weddings.
C.
The Ulster County Legislature determines that these devices are intended
to float in the air whereby the device is akin to a miniature hot
air balloon comprised of oiled rice paper, fire retardant paper, fabric,
or similar materials pulled over a frame with a small candle fuel
cell or similar heat source within the frame. The small candle or
fuel cell heats the air inside the lantern causing the lantern to
rise into the air.
D.
The Ulster County Legislature finds that the release of these devices
creates a serious fire and safety hazard because of the potential
to start an unintended fire on or off the property from where they
are released and these devices can travel significant distances from
the point of release. Upon the release or dispatch of the device,
it becomes an unattended fire, which is contrary to New York State
laws and regulations, without any guarantee the flame or other heat
source will be extinguished at the time the device lands on a house,
a car, a field, or other undesirable location.
E.
The Ulster County Legislature further determines that these devices
are hazardous to domestic animals, wildlife, and small children. These
devices have landed in agricultural areas and the farm animals, not
knowing any better, have eaten parts of the devices which has caused
their death. These devices have also been the cause of death for wildlife
which have either eaten parts of the device or have gotten trapped
in it. The frames of these devices are made either from bamboo or
wire, or similar materials, and can be large. Small children can either
get caught in these frames or snap the frames and hurt themselves.
F.
Accordingly, the Ulster County Legislature deems these devices to
be a serious threat to the safety of Ulster County residents and their
property and, therefore, the sale and use of these devices in Ulster
County should be prohibited.
No natural person, company, corporation, limited liability company,
firm, partnership, business organization, or other legal entity in
Ulster County shall sell, offer for sale, or permit the sale of a
device constructed from oiled rice paper, fire-retardant paper or
fabric on a bamboo or wire frame or other such similar materials,
and which contains a small candle or fuel cell composed of a waxy
flammable material or other similar materials which heat, directly
or indirectly, the air inside the device, thus lowering its density
causing the device to rise into the air, or any similar devices. This
prohibition includes devices commonly known as a "sky lantern," "candle
kite," "Chinese candle kite," "Kongming lantern," "wish lantern,"
"lantern kite," "fire balloon," "sky candle," "mini hot air balloon,"
"flying lantern," or "candle balloon."
Any unmanned airborne device, including, but not limited to,
those constructed from oiled rice paper, fire-retardant paper or fabric
on a bamboo or wire frame or other such similar materials, and which
contain a small candle or fuel cell composed of a waxy flammable material
or other similar materials which heat, directly or indirectly, the
air inside the device, thus lowering its density causing the device
to rise into the air shall not be used, released, or dispatched into
the air in Ulster County. This prohibition includes devices commonly
known as a "sky lantern," "candle kite," "Chinese candle kite," "sky
lantern," "Kongming lantern," "wish lantern," "lantern kite," "fire
balloon," "sky candle," "mini hot air balloon," "flying lantern,"
"candle balloon," or similar devices.
This chapter shall be enforced by the Ulster County Sheriff's
Department, and shall be enforced by any other law enforcement agency
having jurisdiction to act in the County of Ulster, which shall enforce
the provisions of this chapter by the issuance of a summons to a party
violating the provisions of this chapter.
This chapter shall apply to all actions occurring on or after
the effective date of this chapter.
This chapter shall be null and void on the day that statewide
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 Ulster.
The Ulster County Legislature may determine by resolution whether
or not identical or substantially similar statewide legislation or
pertinent preempting state or federal regulations have been enacted
for the purposes of triggering the provisions of this section.
