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Agenda Item #5.
Environmental Advisory Committee (EAC)
STAFF MEMO
Meeting: Environmental Advisory Committee (EAC) - Dec 11 2019
Staff Contact: Thomas Bradford, EAC Chair Department: Environmental Advisory
Committee
TITLE
BanningReleaseof Balloons; ApprovalofDraftTequestaOrdinancefor VillageCouncil
Consideration
ATTACHMENTS:
Memo on Ord Banning the Release of Balloons
Tequesta Draft Ordinance Banning Balloon and Sky Latern Release
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Agenda Item #5.
memo
Village of Tequesta Environmental Advisory Committee
To:
Environmental Advisory Committee Members
From:
Thomas G. Bradford, Chair
CC:
Date:
December 4, 2019
Re:
Draft Tequesta Ordinance Banning the Release of Balloons, et al;
Comments:
At the November 13 EAC meeting the committee voted unanimously for me to
prepare the attached draft Tequesta ordinance banning the release of balloons
and sky lanterns, subject to submitting the draft to the EAC before submittal to
the Village Council. If the EAC wishes for the draft ordinance to be provided to
the Village Council, please make a motion to do so. If approved, I will provide a
cover email/ memo to the Village Council explaining why an ordinance is
requested and ask that the same be done by them.
Two important items to recall in regard to this matter are indicated below.
Section 379.233 of the Florida Statutes already prohibits the
release of balloons into the atmosphere, but it does not address
sky lanterns and only prohibits the release of 10 or more balloons
in a 24-hour period. See link:
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_S
tring=&URL=0300-0399/0379/Sections/0379.233.html
In response to a call for action from the Loggerhead Marinelife
Center in Juno Beach multiple communities in South Florida
approved ordinances completely banning the release of balloons
and sky lanterns, including: Dania Beach, Juno Beach, Jupiter,
Lake Worth, Hallandale Beach, Hillsboro Beach, Hollywood,
Miami Lakes, South Palm Beach, Surfside, Palm Beach County,
Martin County, and Miami - Dade County.
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Agenda Item #5.
ORDINANCE NO. ___-2020
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA,
PALM BEACH COUNTY, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 54, OFFENSES BY CREATING A NEW SECTION 54-7
ENTITLED BALLOONS AND SKY LANTERNS RELEASE; PROVIDING FOR THE
PROHIBITION ON THE RELEASE OF BALLOONS AND SKY LANTERNS WITHIN THE
VILLAGE; PROVIDING DEFINITIONS REGARDING THE SAME; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES
WHEREAS, the Village Council of the Village of Tequesta, Palm Beach County,
Florida, has determined that balloons and sky lanterns released into the atmosphere return
to the earth as litter; and
WHEREAS, the Village 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 Village Council wishes to prohibit the release of balloons and sky
lanterns; and
WHEREAS, the Village Council of the Village of Tequesta finds that these revisions
to the Village's code will preserve, promote, and protect the health, safety, and welfare of its
citizens.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. The Code of Ordinances of the Village of Tequesta is hereby amended at Chapter 54.
Offenses to add a new Section 54-7 to read as follows:
Section 54-7 - Balloons and Sky Lanterns Release.
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Agenda Item #5.
(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 Village of Tequesta.
(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 Village of Tequesta, Florida, or parts thereof which
conflict with this or any part of this Ordinance are hereby repealed.
Section 4. Codification.
This Ordinance shall be codified and made a part of the official Code of Ordinances of the
Village of Tequesta.
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 Village Council of the Village
of Tequesta on first reading this _____ day of January, 2020, and for second and final reading on
this _____ day of February, 2020.
Signatories, Attestment and Village Seal to Follow.
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Agenda Item #5.
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