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Town of Southampton, NY
Suffolk County
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Table of Contents
Table of Contents
Code
New Laws (7) Index
[HISTORY: Adopted by the Town Board of the Town of Southampton 6-25-2019 by L.L. No. 17-2019. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the indicated meanings:
BALLOON
A flexible porous or nonporous bag made from materials, including but not limited to rubber, latex, polychloroprene, Mylar® or other similar foil and polyester materials, 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.
A. 
No person, firm, corporation or other entity shall organize the release of or intentionally release or intentionally cause to be released any balloon.
B. 
No person, firm, corporation or other entity shall intentionally dispose of any balloon, except in public receptacles, in authorized private receptacles, in authorized commercial receptacles, or in designated areas within Town transfer station pursuant to Chapter 205 of the Code of the Town of Southampton.
[Added 6-22-2021 by L.L. No. 21-2021[1]]
A. 
As of June 1, 2022, it shall be prohibited for any person, firm, corporation or other entity to engage in the sale and/or distribution of mylar, foil and/or any balloons filled with any type of lighter-than-air gas, whether for public or private use.
[1]
Editor's Note: This local law also provided for the redesignation of former §§ 107-3 and 107-4 as §§ 107-4 and 107-5, respectively.
These restrictions 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.[1]
[1]
Editor's Note: Former Subsection C, pertaining to balloons released indoors, which immediately followed this subsection, was repealed 6-22-2021 by L.L. No. 21-2021.
A. 
Violations; misdemeanors.
(1) 
Violations. A first violation of this chapter shall be punishable by a fine not to exceed $350 or imprisonment for a period not to exceed 15 days, or both. A second conviction shall be punishable by a fine not to exceed $500 or imprisonment for a period not to exceed 15 days, or both. A third conviction shall be punishable by a fine not to exceed $750 or imprisonment for a period not to exceed 15 days, or both. In addition, any person who is convicted pursuant to this section shall be required to pay a mandatory water quality protection surcharge of $100. The water quality protection surcharge shall be paid to the clerk of the court or administrative tribunal that rendered the conviction, who shall thereafter pay such money to the Town Comptroller, who shall administer such money in accordance with the provisions of § 8-6.2 of this Code. Each day's continued violation shall constitute a separate offense.
(2) 
Misdemeanors. Any person found to have a subsequent violation of this chapter shall be guilty of an unclassified misdemeanor which shall be punishable by a fine of not less than $1,000 or, in each case, by imprisonment for a period not to exceed one year, or both. Each day that the offense continues shall constitute a separate additional misdemeanor.