[Added 4-9-2019 by Ord.
No. 3-2019]
The above-listed recitals[1] are incorporated herein and are relied upon by the Board
of County Commissioners for its adoption of this article.
[1]
Editor's Note: Said recitals can be found in Ord. No. 3-2019,
on file in the County offices.
As used in this article, the following terms shall have the
meanings indicated:
An inert gas which is lighter than air.
Latex balloons made from latex rubber which is molded into
various shapes, and ordinary air, or other gases such as helium, can
be forced into them for expansion purposes.
Also known as "foil" or "metallic balloons." These balloons
are made of a material called "Mylar" which is a durable metallic
material that has a degree of stretch.
It shall be unlawful for any person, firm or corporation to
release, organize the release of, or cause to be released balloons
inflated with helium or any other gas that is lighter than air within
the Atlantic County park system.
The prohibitions stated in § 97-148 shall not apply to the release of any balloon on behalf of a governmental agency or pursuant to a governmental contract for scientific or meteorological purposes, nor shall the prohibition apply to hot air balloons that are recovered after launching. The above-listed prohibition shall not apply to balloons that are released indoors.
Any person, firm, or corporation deemed to be in violation of
this article shall be punishable by a fine not to exceed the sum of
$500.
The provisions of this article shall be enforced by the County
Park Rangers. In order to properly inform the public and park users
of the proscriptions of this article, the applicable provisions of
this article shall be posted at the entrances to all County Park facilities.
County Park Rangers shall, to the extent feasible, remind County Park
users of the provisions of this article.
A.
In order to allow time to educate the general public as to the provisions
of this article, during the first year following the effective date
of this article the County will issue warnings to those who attempt
to release or cause to be released helium-filled balloons within any
County park or other County-owned property and no penalty shall be
imposed during this initial year following the effective date of this
article.
B.
After the expiration of the warning period, pursuant to N.J.S.A.
40:41A-101(b)(7), the County shall issue penalties for violations
of this article which shall involve the imposition of a fine not exceeding
$500. Violations of this article shall be enforced in the municipal
court of any municipality in which a given area of the County park
system is located.
A.
This article is to be liberally construed to effectuate its purposes.
B.
If any section, subsection, paragraph, sentence, clause, phrase,
or word contained in this article shall be declared invalid for any
reason whatsoever, such decision shall not affect the remaining portions
of this article which shall remain in full force and effect.
Any ordinance or portion thereof enacted by the County that
contains any subject matter governed by this article which is inconsistent
with or which stands as an obstacle to the effective implementation
of this article shall be superseded by this article and is hereby
repealed and set aside.
This article shall take effect following passage and publication
in accordance with the law.
