Chapter 5.07
BALLOONS
Sections:
5.07.040 Prohibition on the use, sale and distribution of balloons.
5.07.050 Enforcement – Penalties.
5.07.010 Title.
This chapter shall be known as the “balloon ordinance.” (Ord. 523 § 2, 2022)
5.07.020 Purpose and intent.
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. 523 § 2, 2022)
5.07.030 Definitions.
For purposes of this chapter only, the terms below have the following meaning:
“Balloon” 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.
“Gas lighter than air” means a gas that has a lower density than normal atmospheric gases and rises above them as a result, including, but not limited to, helium, hydrogen, methane, oxygen, and nitrogen.
“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. (Ord. 523 § 2, 2022)
5.07.040 Prohibition on the use, sale and distribution of balloons.
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. 523 § 2, 2022)
5.07.050 Enforcement – Penalties.
A. Any violation of this chapter shall be enforced through Chapters 1.16 and 1.18 SBMC.
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. 523 § 2, 2022)