This chapter shall be known as the "Balloon Ordinance."
(Ord. 2022-01)
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 filled with a gas lighter
than air. 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 as conflicting with any federal
or state law or regulation.
(Ord. 2022-01)
For purposes of this chapter only, the terms below have the
following meaning:
means a flexible bag, including, but not limited to, those
made from rubber, latex, polychloroprene (neoprene), Mylar, or nylon
fabric, that is designed to be inflated with a gas lighter than air,
causing it to float, or designed to be filled with water. A balloon
may be used for decorative, toy, or entertainment purposes. Balloons
used for medical, industrial, or scientific purposes are not subject
to the provisions of this chapter.
means a gas that has a lower density than normal atmospheric
gases and rises above them as a result, including, but are not limited
to, helium, hydrogen, methane, oxygen, and nitrogen.
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.
(Ord. 2022-01)
A.
No
person, including, but not limited to, a balloon wholesaler, retailer,
or third-party vendor, shall use, sell, or distribute any type of
balloon inflated with any gas lighter than air within the City, either
as a separate item or included in a packaged product set, including
at any City facility or City-sponsored event.
B.
No
person shall dispose of any balloon inflated with any gas lighter
than air within the City in any manner, including release outdoors
into the air, other than in a trash container.
C.
This
section shall not apply to manned hot air balloons, or to balloons
used in governmental or scientific research project.
(Ord. 2022-01)
A.
Any violation of this chapter shall be enforced through the Administrative Citation Program set forth in Chapter 1.08 of this Code.
B.
Each
violation of this chapter shall be considered a separate offense.
C.
The
remedies and penalties provided in this chapter are cumulative and
not exclusive and nothing in this chapter shall preclude the City
from pursuing any other remedies. The City Attorney may seek legal,
injunctive, or any other relief to enforce the provisions of this
chapter and any regulations or administrative procedure developed
pursuant hereto.
(Ord. 2022-01)
