2021-07 Code Amendment - Balloons and Sky LanternsORDINANCE NO. 2021-07
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE I, "IN
GENERAL," OF CHAPTER 19, "OFFENSES AND MISCELLANEOUS
PROVISIONS," OF THE VILLAGE CODE OF ORDINANCES BY ADOPTING
A NEW SECTION 19-3, "BALLOONS AND SKY LANTERNS;" PROVIDING
FOR DEFINITIONS, PROHIBITIONS, EXEMPTIONS AND ENFORCEMENT;
PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the intentional or inadvertent release of floating balloons or sky lanterns into the
atmosphere poses a significant threat to the environment and to marine life and wildlife that may
ingest them; and
WHEREAS, marine life and other wildlife can mistake deflated balloons for food, and once
ingested, the balloons damage their digestive system and may lead to starvation and/or death; and
WHEREAS, the Village Council determines that is in the best interests of the public health, safety
and welfare to prohibits, the display, release or distribution of balloons on public beaches or within
public parks and to prohibit the release of floating balloons and sky lanterns into the atmosphere
within the jurisdictional limits of the Village.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein.
Section 2. The Village Council hereby amends Article I, "In General," of Chapter 19,
"Offenses and Miscellaneous Provisions," of the Village Code of Ordinances by adopting a new
Section 19-13 to read as follows (new language is underlined):
See. 19-13. Balloons and Sky Lanterns.
D Definitions For the pgMose of this section, the following words,
terms and phrases shall have the meanings ascribed herein except where the context
clearly indicates a different meaning:
Atmosphere means the troposphere, stratosphere or other lavers of air and
gas that envelop the Earth.
Floating balloon means a balloon of any ype inflated with gas that is lighter
than air. c
SL lantern means a device that requires a flame which produces heated air
trapped in a balloon -type covering allowing; the device to float in the air. Sky
lanterns shall not include hot air balloons used for transporting persons.
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Prohibitions.
It shall be unlawful to release any floating balloon or any sky lantern
into the atmosphere within the jurisdictional limits of the village.
For the protection of marine life and other wildlife, no person shall
display, release or distribute balloons of any kind on public beaches
or in public parks within the village For the purpose of this section,
the term public park shall not include the North Palm Beach Country Club.
O Exceptions.
Display possession or release of floating_ balloons indoors;
Display, possession or release of sky lanterns indoors; or
Release of floating balloons, sky lanterns or other devices by a
governmental agency for meteorological or other bona fide
scientific or governmental purposes.
Enforcement The village may enforce this section through code
enforcement proceedings or through any other available legal or equitable means.
Section 3. The provisions of this Ordinance shall become and be made a part of the Code of
the Village of North Palm Beach, Florida.
Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void,
such holding shall not affect the remainder of this Ordinance.
Section 5. All ordinances or parts of ordinances and resolutions or parts of resolutions in
conflict herewith are hereby repealed to the extent of such conflict.
Section 6. This Ordinance shall take effect immediately upon adoption.
PLACED ON FIRST READING THIS 27TH DAY OF MAY, 2021.
PLACED ON SECOND, FINAL READING AND PASSED THIS 10TH DAY OF JUNE, 2021.
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(Village Seal)
4 AYOR
ATTEST:
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VILLAG C
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APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
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