To prohibit both the sale and release of balloons inflated with lighter-than-air gas in the Town of Falmouth. Balloons inflated with lighter-than-air gas, when released intentionally or accidentally, can cause environmental hazards such as marine entanglement and strangulation, or pollution of the land and waterways. The coating on some balloons can cause electrical fires if they contact power lines. Additionally, the use of helium to inflate these balloons is a wasteful consumption of a non-renewable resource.
[Adopted 4-7-2025 ATM by Art. 19, approved 7-2-2025]
An odorless, colorless, non-toxic, inert gas which is the lightest member of the noble gas series.
Balloon made from synthetic latex, rubber, or polychloroprene.
A gas that has a lower density than the surrounding air, causing it to naturally rise and float.
Balloon that is made of polyethylene terephthalate (PET), a thin, shiny, and reflective plastic film that is coaled with metal foil such as aluminum.
Balloon containing a seam made of inelastic plastic (such as biaxially oriented PET film) allowing them to be printed with designs that are not distorted by inflation.
It shall be unlawful to sell or distribute any type of balloon (including, and not limited to, plastic, latex, or Mylar balloons) inflated with any lighter-than-air gas (including, and not limited to, helium gas). Further, no person shall release, intentionally or accidentally, 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.
Except as provided herein, the prohibition of the sale or release of balloons inflated with lighter-than-air gas by all establishments and parties shall be phased in before January 1, 2026.
A.
This article may be enforced by any Town police officer, enforcement officer or agents of the Board of Health.
B.
This article may be enforced through any lawful means in law or in equity, including, but not limited to, noncriminal disposition pursuant to MGL c. 40, § 21D, and appropriate chapter of the Town’s General Bylaws. If noncriminal disposition is elected, then any establishment or person(s) which violates any provision of this article shall be subject to the following penalties:
C.
Subsequent offenses shall be determined as offenses occurring within two (2) years of the date of the first noticed offense. Each day or portion thereof shall constitute a separate offense. If more than one (1), each condition violated shall constitute a separate offense.