Purpose and intent. This chapter is adopted in order to protect the
environment, particularly the wildlife, and the health, safety and
well-being of persons and property by prohibiting the release of aerial
luminary lanterns and helium balloons into the atmosphere. The balloons
include latex and Mylar, as it has been determined that the release
of balloons inflated with lighter-than-air gases pose a danger and
nuisance to the environment, particularly to wildlife and marine animals.
Also, when Mylar balloons contact a power line, their metallic properties
can cause the equipment to short-circuit. The spark could lead to
a power outage and/or fire. These balloons tend to constitute a public
nuisance and may pose a threat to the safety of its inhabitants and
their property. Aerial luminaries can cause fires and also eventually
return to Earth as litter.
Release prohibited; exceptions. It shall be unlawful for any person,
firm or corporation to intentionally release, organize the release
of or intentionally cause to be released balloons inflated with gas
that is lighter than air within the Borough of Eatontown limits, except
for:
Violations and penalties. Any person, firm, corporation, limited
liability company or association violating any provision of this section
shall, upon conviction thereof, be subject to a fine not exceeding
$2,000, imprisonment for a term not exceeding 90 days and/or a period
of community service not exceeding 90 days, or any combination thereof.
Each day that a violation continues shall be considered a separate
and distinct violation.
Release prohibited. No person, firm or corporation shall release
or cause to be released an aerial luminary, commonly known as "sky
lantern," "Hawaii lantern," "Kongming lantern," "Chinese lantern,"
"sky candle, "fire balloon," or "flying luminary," or any other device
that uses or carries an open flame within the Borough of Eatontown's
limits. As used in this chapter, "aerial luminary" means an airborne
paper lantern containing a candle or other device for fuel that heats
air from inside the lantern, causing the lantern to rise into the
air and remain airborne until the candle or fuel extinguishes.
Violations and penalties. Any person, firm or corporation violating
any provision of this section shall, upon conviction thereof, be subject
to a fine not exceeding $2,000, imprisonment for a term not exceeding
90 days and/or a period of community service not exceeding 90 days,
or any combination thereof. Each day that a violation continues shall
be considered a separate and distinct violation.