(A) It shall be unlawful for any person, firm, nonprofit organization, or corporation to knowingly and intentionally release, participate in the release of, intentionally cause to be released, to litter by abandoning and not properly disposing of all waste material, any type of balloon inflated with a liquid, air, or gas within the town limits, any waters within the zoning jurisdiction of the town, or the beach and/or dune areas within the town.
(B) The following are not violations of this section:
(1) Balloons released by a person on behalf of a governmental agency or pursuant to a governmental contract for scientific or meteorological purposes.
(2) Hot air balloons that are recovered after launching.
(3) Balloons released inside a building or structure do not make their way into the open air.
(C) The following definitions apply to this section:
BALLOON. A flexible, nonporous bag made from materials such as, but not limited to, rubber, latex, polychloroprene, mylar, or nylon fabric that can be inflated or filled with gas or fluid, such as helium, hydrogen, nitrous oxide, oxygen, air, or water, and then sealed at the neck of the bag. The town does not recognize any balloon as “biodegradable or photodegradable”.
LITTER. All waste materials resulting from the outdoor release or abandonment of a balloon.
(D) Penalty for violations of this section. Any person violating the provisions of this section shall be subject to a civil penalty in the amount of $250 to be recovered by the town in a civil action in the nature of debt if the offender does not pay the penalty within 10 days after having been cited for violation of the ordinance.
(Ord. 24-01, passed 4-3-2024)