§ 18-30. Balloons and sky lanterns.

(a)

Intent and purpose. Pursuant to F.S. § 379.233, the legislature has determined that the release into the atmosphere of large numbers of balloons inflated with lighter-than-air gases pose a danger and nuisance to the environment, particularly to wildlife and marine animals. Therefore, it is the intent and purpose of this section to provide an efficient procedure for the prohibition of balloons and sky lanterns released within the incorporated areas of the village.

(b)

Definitions. When used in this division, the following words, terms, and phrases, and their derivations, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Beach means the zone of unconsolidated material that extends landward from the mean low-water line to the place where there is a marked change in material or physiographic form, or to the line of permanent vegetation, usually the effective limit of storm waves.

Balloon or floating balloon means a balloon of any type inflated with a gas that is lighter than air.

Park, park grounds or recreation facility or recreational facility area means a park, playground, gymnasium, athletic field or court, recreation center or any other area owned by the village and devoted to active or passive recreation.

Public property and public property grounds means all property owned by the village that is designated open to the public.

Private property and private property grounds means all property owned by an individual or group of individuals.

Sky 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.

(c)

Prohibition. For the protection of sea turtles and other wildlife, it is prohibited for any person within any park, recreational facility area, municipal beach, municipal beach area, or other public or private property within the village's limits to:

(1)

Display, possess or release one or more balloons inflated with a gas that is lighter than air: or

(2)

Display, possess or release one or more sky lanterns.

(d)

Exemptions. The following uses and activities shall be exempt from the provisions of this article:

(1)

Possession of balloons or sky lanterns where such items are moved from a vehicle or structure to another structure where the resulting exposure of such items to the outdoors is de minimis.

(2)

Display, possess or release of floating balloons indoors.

(3)

Display, possess or release of sky lanterns indoors.

(4)

Display, possession or release of floating balloons by a governmental agency for scientific or meteorological purposes.

(5)

Balloons that are either biodegradable or photodegradable, as determined by rule of the Fish and Wildlife Conservation Commission, and in accordance with F.S. § 379.233.

(e)

Penalties and enforcement. A person violating subsection (c)(1) or (c)(2) shall receive a civil fine of $250.00 in accordance with the code compliance procedures set forth in chapter 2, article III of the village Code.

(Ord. No. 16-20, § 2, 11-3-2016)