As used in this chapter, the following terms shall have the
indicated meanings:
BALLOON
A flexible, nonporous bag made from materials such as rubber,
latex, polychloroprene or nylon fabric that can be inflated or filled
with a gas, such as helium, hydrogen, nitrous oxide, or oxygen, air
or water, and then sealed at the neck, usually as a toy or decoration.
The restrictions on the release of balloons in §
40-2 shall not apply to the following:
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.
C. Balloons released indoors.
Any person 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 $1,000 or by imprisonment for a term not exceeding 15 days,
or by both such fine and imprisonment. The continuation of an offense
against the provisions of this chapter shall constitute, for each
day the offense is continued, a separate and distinct offense hereunder.