Town of East Hampton
Long Island, NY

Resolution
RES-2019-266

Adopt a Local Law Creating Chapter 84 to Restrict Intentional Release of Balloons

Information

Department:Town AttorneySponsors:Supervisor Peter Van Scoyoc
Category:Local LawFunctions:Local Laws

Body

WHEREAS, the Town Board held a public hearing on February 7, 2019, regarding "A LOCAL LAW creating Chapter 84 (Balloons) with Regard to Intentional Release of Balloons"; and

 

WHEREAS, after considering the matter and the comments of the public at the time of hearing, the Town Board believes that the enactment of this local law is in the best interests of the Town of East Hampton; and

 

WHEREAS, the proposed local law is an unlisted action pursuant to the State Environmental Quality Review Act (SEQRA) and chapter 128 (Environmental Quality review) of the Town Code, and an Environmental Assessment Form (EAF) has been prepared with regard to the proposal; and

 

RESOLVED, that the proposed change to the Town Code will not have a significant adverse environmental impact and a negative declaration is hereby adopted by this Board pursuant to SEQRA and Chapter 128 of the Town Code; and now, therefore be it

 

RESOLVED, said Local Law is hereby adopted to read as follows:

 

LOCAL LAW No.  7__ of 2019

Introductory No. _4_ of 2019

 

LOCAL LAW creating Chapter 84 entitled “Balloons” to restrict the intentional release of balloons.

BE IT ENACTED by the Town Board of the Town of East Hampton as follows:

 

SECTION 1.              Legislative Intent

This legislation is intended to reduce the negative impact that balloons have on the environment by discouraging the intentional release of balloons. Balloons waste natural resources, litter our communities, pollute our waterways and kill wildlife. The Town of East Hampton believes all efforts need to be made to prevent further damage by requiring the proper disposal of balloons and prohibiting the intentional release of balloons.

 

SECTION 2.              Amendment

The East Hampton Town Code is amended by adding the underlined words in a new Chapter 84 (Balloons) as follows:

CHAPTER 84: BALLOONS

§ 84-1. Definitions.

As used in this chapter, the following terms shall have the indicated meanings:

BALLOON

A flexible nonporous bag made from materials such as rubber, latex, polychloroprene or nylon fabric that can be inflated or filled with a gas, such as helium, hydrogen, nitrous oxide, oxygen, air or water, and then sealed at the neck, usually as a toy or decoration.

 

§ 84-2. Restriction on Intentional Release of Balloons

A.              No person shall intentionally release or dispose of any balloon, except in public receptacles, in authorized private receptacles, or in designated areas within Town of East Hampton recycling centers.

B.               No person, firm, corporation or other entity shall organize the release of, condone the release of, or intentionally cause to be released, any balloon.

§ 84-3. Exceptions.

These restrictions shall not apply to:

A.              Balloons that are being used for the purpose of carrying scientific instrumentation during the performance of an experiment or testing procedure or by a person on behalf of a governmental agency or pursuant to a governmental contract for scientific or meteorological purposes;

B.              Hot air balloons that are recovered after launching;

C.              Balloons released indoors.

 

§ 84-4. Penalties for offenses.

Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $1,000 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.

 

SECTION 3. - Authority.

The proposed local law is enacted pursuant to Municipal Home Rule Law §10(1)(ii)(d)(3) and Town Law §261.

 

SECTION 4. - Severability.

If any section of subsection, paragraph, clause, phrase or provision of this law shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provisions so adjudged to be invalid or unconstitutional.

 

SECTION 5. - Effective Date.

This local law shall take effect immediately upon filing with the Secretary of State pursuant to Municipal Home Rule Law. 

 

Meeting History

Feb 7, 2019 6:30 PM Video East Hampton Town Board Regular Meeting
draft Draft
RESULT:ADOPTED [UNANIMOUS]
MOVER:Peter Van Scoyoc, Supervisor
SECONDER:Jeffrey Bragman, Councilman
AYES:Kathee Burke-Gonzalez, David Lys, Sylvia Overby, Jeffrey Bragman, Peter Van Scoyoc

Discussion