Sec. 48-56. Prohibition on sale.

   A person must not sell or offer for sale in the County:

   (a)   polystyrene food service products; or

   (b)   polystyrene loose fill packaging. (2015 L.M.C., ch. 1, § 1; 2020 L.M.C., ch. 34, §1.)

   Editor’s note—2015 L.M.C., ch. 1, § 2, states, in part: Effective date.

   (a)   The prohibition on use of expanded polystyrene food service products contained in Section 48-53 and the prohibition on the sale of expanded polystyrene food service products and polystyrene loose fill packaging contained in Section 48-56 take effect on January 1, 2016.

Sec. 48-57. Exemptions.

   If the Executive determines that there is no available affordable compostable or recyclable alternative to a disposable food service ware item, this item must be listed on an exemption list and made available to the public. Sections 48-53 and 48-54 do not apply to a disposable food service ware item on the exemption list or for the first 6 months after an item is removed from the list. The Executive must review and update the exemption list annually to determine whether any items should be removed because an affordable compostable or recyclable alternative has become available. (2015 L.M.C., ch. 1, § 1.)

Sec. 48-58. Enforcement.

   (a)   Any violation of this Article is a class B civil violation. Each day a violation exists is a separate offense.

   (b)   The County Attorney may file an action in a court with jurisdiction to enjoin repeated violations of the Section. (2015 L.M.C., ch. 1, § 1.)

ARTICLE VII. PROHIBITED RELEASE OF BALLOONS.

Sec. 48-59. Definitions.

   (a)   In this Article, the following terms have the meanings indicated.

   (b)   Terms defined.

      Balloon means an inflatable object:

      (A)   manufactured from plastic, latex, rubber, or mylar; and

      (B)   inflated with a gas that is lighter than air, such as helium.

      Balloon does not include a hot-air balloon.

      Department means the Department of Environmental Protection.

      Director means the Director of the Department or the Director’s designee.

      Person means a natural person, an organization, or a legal entity. Person includes the County and its agencies.

      Person does not include any other government or government agency. (2020 L.M.C., ch. 27, § 1.)

Sec. 48-60. Prohibition.

   (a)   Except as provided in subsection (b), a person while in the County must not release or cause to be released a balloon into the air of the County.

   (b)   This section does not prohibit the release of a balloon that is:

      (1)   released unintentionally;

      (2)   released by a minor child without the permission of an adult;

      (3)   used for scientific or meteorological purposes; or

      (4)   used solely indoors. (2020 L.M.C., ch. 27, § 1.)

Sec. 48-61. Education and Outreach.

   (a)   The Director must conduct education and outreach regarding implementation of this Article.

   (b)   The education and outreach should include:

      (1)   direct contact with affected businesses and organizations; and

      (2)   distribution of information through the County website. (2020 L.M.C., ch. 27, § 1.)

Sec. 48-62. Enforcement.

   (a)   The Department must administer and enforce this Article.

   (b)   A person who violates Section 48-60 is guilty of a Class A civil violation under Section 1-19.

   (c)   Each release of 50 or fewer balloons at one time in violation of Section 48-60 is a separate civil violation.

   (d)   Presumption of responsibility. There is a rebuttable presumption that the owner of private property from which a balloon is released in violation of Section 48-60 is responsible for the violation if the enforcement officer cannot determine which person released the balloon.

   (e)   Regulations. The Executive may adopt regulations under Method (2) to administer and enforce this Article. (2020 L.M.C., ch. 27, § 1; 2021 L.M.C., ch. 26, § 1.)