Ordinance 04-2017 Offenses & Miscellaneous Provisions ORDINANCE NO. 04-2017
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
PALM BEACH, PALM BEACH COUNTY, FLORIDA, AMENDING
THE TOWN CODE OF ORDINANCES AT CHAPTER 70,
OFFENSES BY CREATING A NEW SECTION 70-9 ENTITLED
BALLOONS AND SKY LANTERNS RELEASE; PROVIDING FOR
THE PROHIBITION ON THE RELEASE OF BALLOONS AND SKY
LANTERNS WITHIN THE TOWN; PROVIDING DEFINITIONS
REGARDING THE SAME; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
WHEREAS, the Town Council of the Town of Palm Beach, Palm Beach County,
Florida, has determined that balloons and sky lanterns released into the atmosphere return
to the earth as litter; and
WHEREAS, the Town Council believes that the release (accidental or intentional) of
balloons and sky lanterns into the atmosphere pose a danger and nuisance to the
environment and wildlife who may ingest this debris; and,
WHEREAS, Florida's East Coast is home to some of the most densely utilized sea
turtle nesting beaches in the country; and,
WHEREAS, marine animals, such as sea turtles, mistake the remains from balloons
as food which may potentially damage their digestive systems, lead to starvation and/or
death; and,
WHEREAS, even biodegradable balloons do not degrade quickly enough to avoid
ingestion of the same by marine wildlife; and,
WHEREAS, the Town Council wishes to prohibit the release of balloons and sky
lanterns; and,
WHEREAS, the Town Council of the Town of Palm Beach finds that these revisions
to the Town's code will preserve, promote, and protect the health, safety, and welfare of its
citizens.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PALM BEACH,
PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. The Code of Ordinances of the Town of Palm Beach is hereby
amended at Chapter 70. Offenses to add a new Section 70-9 to read as follows:
Section 70-9— Balloons and Sky Lanterns Release.
(1) No person shall release any balloon or balloons inflated with a gas that is lighter than
air or any sky lantern within the jurisdictional limits of the Town of Palm Beach.
(2) This subsection does not prohibit the following:
a. Release of balloons indoors;
b. Release of sky lanterns indoors; or
c. Release of balloons by a governmental agency for scientific or meteorological
purposes.
Sky lantern shall mean 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.
Section 2. Severability.
If any provision of this Ordinance or the application thereof is held invalid, such
invalidity shall not affect the other provisions or applications of this Ordinance which can
be given effect without the invalid provisions or applications, and to this end the
provisions of this Ordinance are hereby declared severable.
Section 3. Repeal of Ordinances in Conflict.
All other ordinances of the Town of Palm Beach, Florida, or parts thereof which
conflict with this or any part of this Ordinance are hereby repealed.
Section 4. Codification.
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This Ordinance shall be codified and made a part of the official Code of
Ordinances of the Town of Palm Beach.
Section 5. Effective Date.
This Ordinance shall take effect immediately upon its passage and approval, as
provided by law.
PASSED AND ADOPTED in a regular, adjourned session of the Town Council of
the Town of Palm Beach on first reading this 10th day of January, 2017, and for second
and final reading on this 14th day of February, 2017.
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I L. Conigli ,Mayor Richard M. Kleid, Town Council President
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Danielle H. Moore, Co it President Pro Tern
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Ordinance No. 04-2017 Page 3 of 3