Note: Editor's note: Ordinance 1683 is effective January 1, 2024.
(a) 
This chapter shall be known as the "Restriction on Balloons Ordinance."
(b) 
The purpose of this chapter is to establish standards and procedures for environmental waste and litter reduction measures and promote environmentally sustainable practices throughout the city by prohibiting the use, sale and distribution of balloons, as defined herein this chapter. In enacting this chapter, it is the city's intent to further current prohibitions and regulations relating to balloons under State law and to protect the city's residents, businesses, animals, and infrastructure from damage caused by balloons. Nothing in this chapter is intended to or shall be interpreted or applied in a manner so as to conflict with any federal or state law or regulation.
(Ord. 1683 § 2, 2023)
For purposes of this chapter, the terms below have the following meanings:
"Balloon"
means a flexible bag, either as a separate item or included in a packaged product set, including, but not limited to, those made from rubber, latex, polychloroprene (neoprene), Mylar or other transparent plastic/polyester resin, foil, metallic foil, electrically conductive material, or other nylon or fabric regardless of fill. A balloon may be used for decorative, toy or entertainment purposes. A balloon used for medical, industrial, scientific or government purposes or projects are not subject to the provisions of this chapter.
"City sponsored event"
means any event organized or sponsored by or on behalf of the city of Laguna Beach or any department of the city of Laguna Beach.
"Person"
means any person, business, corporation, or event organizer or promoter; public, nonprofit or private entity, agency or institution; or partnership, association or other organization or group, however organized.
"Public area"
means a public place, including, but not limited to, any public streets, alleys, public parking lots, public parks, public beaches, public rights-of-way, parkways, public sidewalks, recreational areas or other publicly owned or controlled property.
"Sell"
means to transfer ownership, offer for sale, expose or display for sale, solicit offers to sell or trade for the exchange of money or valuables.
(Ord. 1683 § 2, 2023)
(a) 
No person, including, but not limited to, a balloon wholesaler, retailer, or third-party vendor, shall use, sell, or distribute within the city, any balloon.
(b) 
No person shall use any balloon at any city facility or city sponsored event, or any event held in a public area.
(c) 
No person shall intentionally release, organize the release of, or otherwise cause or condone the release of any balloon into the air.
(d) 
No person shall dispose of any balloon, except in a suitable receptacle with a secured lid.
(e) 
This section shall not apply to manned hot air balloons, balloons used for medical, industrial, scientific or government purposes or projects, or balloons used on private property or en route to a private property intended for private use.
(Ord. 1683 § 2, 2023)
(a) 
Violations of this chapter shall not be prosecuted as infractions or misdemeanors and shall only be enforced and punished by the following provisions for administrative fines and business license rescission:
(b) 
Any violation of this chapter may be punished by:
(1) 
An administrative fine not exceeding one hundred dollars for a first violation;
(2) 
An administrative fine not exceeding two hundred dollars for a second violation within one year of the first violation; and
(3) 
An administrative fine not exceeding five hundred dollars for each additional violation within one year of the first violation.
(c) 
The city manager, or designee, may rescind a person's business license issued by the city for the term of that license upon the fourth violation or subsequent violations within a one year of the first violation.
(Ord. 1683 § 2, 2023)