Town of Southampton
Long Island, NY

Town Board Resolution
RES-2019-732

Resolution of Adoption to Add Chapter 107 (Balloons) to the Town Code

Information

Department:Town AttorneySponsors:Councilwoman Julie Lofstad
Category:Local LawsFunctions:None

Financial Impact

None; see resolution text.

Body

WHEREAS, the Town Board of the Town of Southampton is considering creating a new Chapter 107 of the Southampton Town Code (Balloons) for the purpose of mitigating the environmental impacts of balloons by requiring the proper disposal of balloons and prohibiting the intentional release of balloons.

 

WHEREAS, a public hearing was held by the Town Board on June 11, 2019 and June 25, 2019, at which time all persons either for or against said amendment were heard; and

 

WHEREAS, this proposed local law is classified as a “Type II Action” pursuant to New York State Environmental Quality Review Act (SEQRA) 6 NYCRR Part 617.5; and Southampton Town Code Chapter 157 (Environmental Quality Review), and no further review under New York Conservation Law, Article 8, is necessary; now therefore be it

 

RESOLVED, that Local Law No. 17 of 2019 is hereby adopted as follows:

 

LOCAL LAW NO. 17 OF 2019

 

A LOCAL LAW creating Chapter 107 (Balloons) with Regard to Intentional Release of Balloons.

 

BE IT ENACTED by the Town Board of the Town of Southampton 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 in the Town of Southampton. Balloons waste natural resources, litter our communities, pollute our waterways and kill wildlife. The Town of Southampton 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 Southampton Town Code is amended by adding the underlined words in a new chapter entitled Chapter 107 (Balloons) as follows:

 

CHAPTER 107: BALLOONS

 

§ 107-1. Definitions.

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

 

BALLOON

A flexible porous or nonporous bag made from materials, including but not limited to rubber, latex, polychloroprene, Mylar® or other similar foil and polyester materials, 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.

 

§ 107-2. Restriction on Intentional Release of Balloons

 

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

B.              No person, firm, corporation or other entity shall intentionally dispose of any balloon, except in public receptacles, in authorized private receptacles, in authorized commercial receptacles, or in designated areas within Town transfer station pursuant to Chapter 205 of the Code of the Town of Southampton.

 

§ 107-3. 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, that remain indoors and are properly disposed of pursuant to §107-2(B).

 

§ 107-4. Penalties for offenses.

A.              Violations; misdemeanors.

 

(1)              Violations. A first violation of this chapter shall be punishable by a fine not to exceed $350 or imprisonment for a period not to exceed 15 days, or both. A second conviction shall be punishable by a fine not to exceed $500 or imprisonment for a period not to exceed 15 days, or both. A third conviction shall be punishable by a fine not to exceed $750 or imprisonment for a period not to exceed 15 days, or both. In addition, any person who is convicted pursuant to this section shall be required to pay a mandatory water quality protection surcharge of $100. The water quality protection surcharge shall be paid to the clerk of the court or administrative tribunal that rendered the conviction, who shall thereafter pay such money to the Town Comptroller, who shall administer such money in accordance with the provisions of § 8-6.2 of this Code. Each day's continued violation shall constitute a separate offense.

 

(2)              Misdemeanors. Any person found to have a subsequent violation of this chapter shall be guilty of an unclassified misdemeanor which shall be punishable by a fine of not less than $1,000 or in each case, by imprisonment for a period not to exceed one year, or both. Each day that the offense continues shall constitute a separate additional misdemeanor.

 

Section 3.  Authority.

 

The proposed local law is enacted pursuant to Municipal Home Rule Law §§10(1)(i), 10(1)(ii)(a)(11), 10(1)(ii)(a)(12), and 10(1)(ii)(d)(3). 

 

Section 4.  Severability.

 

If any section or 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 provision so adjudged to be invalid or unconstitutional.

 

Section 5.  Effective Date.

 

This local law shall take effect upon filing with the Secretary of State.

 

AND BE IT FURTHER RESOLVED, that the Town Clerk is hereby authorized and directed to publish the following Notice of Adoption:

 

NOTICE OF ADOPTION

 

PLEASE TAKE NOTICE that, after a public hearing was held by the Town Board of the Town of Southampton on June 11, 2019 and June 25, 2019, the Town Board, at their meeting of June 25, adopted LOCAL LAW NO. 17 OF 2019 as follows: “A LOCAL LAW creating Chapter 107 (Balloons) with Regard to Intentional Release of Balloons.”

 

Summary of Proposed Law

 

This legislation is intended to reduce the negative impact that balloons have on the environment by discouraging the intentional release of balloons in the Town of Southampton. Balloons waste natural resources, litter our communities, pollute our waterways and kill wildlife. The Town of Southampton 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.

 

Copies of the proposed law, sponsored by Councilwoman Lofstad, are on file in the Town Clerk’s Office, Monday through Friday, from 8:30 a.m. to 4:00 p.m.

 

                                                                                    BY ORDER OF THE TOWN BOARD

                                                                                    TOWN OF SOUTHAMPTON, NEW YORK

                                                                                    SUNDY A. SCHERMEYER, TOWN CLERK