Del Mar Municipal Code Ch. 11.48 Prohibiting the Use, Sale and Distribution of Balloons Filled with A…

The purpose of this Chapter is to establish standards and procedures for environmental waste and litter reduction measures and promote environmentally sustainable practices throughout the City by prohibiting the use, sale and distribution of balloons filled with a gas lighter than air. In enacting this Chapter, it is the City's intent to further current prohibitions and regulations relating to balloons under State law and to protect the City's residents, businesses, animals, and infrastructure from damage caused by balloons. Nothing in this Chapter is intended to or shall be interpreted as conflicting with any federal or state law or regulation.

(Ord. No. 1001, § 1, 12-4-2023)

The following definitions shall be applicable when the following words or phrases are used hereafter in this Chapter, whether or not these words or phrases are capitalized:

Balloon means a flexible bag, including but not limited to, those made from rubber, latex, polychloroprene (neoprene), Mylar, or nylon fabric, that is designed to be inflated with a gas lighter than air, causing it to float, or designed to be filled with fluid. A balloon may be used for decorative, toy or entertainment purposes. Balloons used for medical, industrial or scientific purposes are not subject to the provisions of this Chapter.

City-Sponsored Event means any event, activity or meeting organized, sponsored, permitted, in whole or in part, by the City or any department of the City. This includes events at rented or borrowed City Facilities, City Parks, City Beaches and City co-sponsored events.

Gas Lighter Than Air means a gas that has a lower density than normal atmospheric gases and rises above them as a result, including, but are not limited to, helium, hydrogen, methane, oxygen, and nitrogen.

Person means any person, business, corporation, or event organizer or promoter; public, nonprofit or private entity, agency or institution; or partnership, association or other organization or group, however organized.

(Ord. No. 1001, § 1, 12-4-2023)

A. No person, including, but not limited to, a balloon wholesaler, retailer or third-party vendor, shall use, sell or distribute any type of balloon inflated with any gas lighter than air within the City, either as a separate item or included in a packaged product set, including at any City Facility, City Park, City Beach or at a City-Sponsored Event.

B. No person shall dispose of any balloon inflated with any gas lighter than air within the City in any manner, including release outdoors into the air, other than in a trash container.

C. This Section shall not apply to manned hot air balloons, or to balloons used in governmental or scientific research purposes.

(Ord. No. 1001, § 1, 12-4-2023)

A. The City Manager, or designee, is authorized to establish regulations and to take any and all actions reasonable and necessary to obtain compliance with this chapter, including, but not limited to, inspecting any commercial business, City Facility, City Park, City Beach or City-Sponsored Event to verify compliance.

B. Any violation of this Chapter shall be enforced through the administrative citation program set forth in Chapter 1.10 of the Del Mar Municipal Code.

C. Each violation of this Chapter shall be considered a separate offense.

D. The remedies and penalties provided in this Section are cumulative and not exclusive, and nothing in this chapter shall preclude any person from pursuing any other remedies provided by law. The City Attorney may seek legal, injunctive, or other equitable relief to enforce the provisions of this Chapter and any regulations or administrative procedure developed pursuant hereto.

E. In addition to any other applicable civil or criminal penalty, any person convicted of a violation of this Chapter shall be guilty of an infraction, which shall be punishable by a fine not exceeding $250.00, or a misdemeanor, which shall be punishable by a fine not exceeding $1,000.00.

F. Administrative enforcement of this Chapter shall proceed pursuant to Chapter 1.10 of the Del Mar Municipal Code.

G. Notwithstanding any other provision of this Chapter, this Chapter may be enforced through any remedy as provided for in this Section upon its effective date.

(Ord. No. 1001, § 1, 12-4-2023)