[Adopted 5-1-2023 ATM by Art. 55]
The purpose of this bylaw is to address public concerns regarding the environmental hazards to wildlife and marine life in the Town of Harwich posed by the release and improper disposal of balloons, balloons and their restraining attachments.
As used, the following terms shall have the meanings indicated:
BALLOON
Including, but not limited to, plastic, latex, rubber or Mylar balloons.
LIGHTER-THAN-AIR GAS
A gas that is buoyant in air because it has an average density lower than that of air (including, but not limited to helium gas).
RESTRAINING ATTACHMENTS
How the balloon is held in place, including but not limited to, ribbon, rope, string, or sticks.
A. 
Effective September 15, 2023, no person shall sell, distribute or use any type of balloon inflated with any type of lighter-than-air gas within the Town of Harwich.
B. 
No person shall throw, deposit, discard, or otherwise discharge inflated, underinflated or noninflated balloons into any street, alley, waterway, park, beach, or other public place in the Town of Harwich unless placing in a trash receptacle.
C. 
Further, no person shall knowingly release or cause to be released into the air any balloon(s) inflated with any lighter-than-air gas.
Launching or operation of lighter-than-air aircraft, or the launching of balloons inflated with lighter-than-air gas by government agencies or scientific organizations, is allowed.
A. 
Violations of this bylaw shall be subject to noncriminal disposition pursuant to the provisions of Chapter 1 of these bylaws.
B. 
This bylaw may be enforced by any Town of Harwich police officer or other designee/agent authorized by the Board of Selectmen.
Any person or establishment violating this chapter shall be punished by a noncriminal fine. Notwithstanding the general penalties set forth under Chapter 1 of these bylaws, the specific penalties for violations of this bylaw shall be as follows:
A. 
First offense: written warning.
B. 
Second offense: $50.
C. 
Third offense: $100.