HomeMy WebLinkAboutDocumentation_Regular_Tab 10_12/10/2020Agenda Item #10.
Regular Council
STAFF MEMO
Meeting: Regular Council -Dec 10 2020
Staff Contact: Jeremy Allen, Village Manager
Department: Environmental Advisory
Committee
ORDINANCE NO. 09-20 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 54.
OFFENSES. ARTICLE I. IN GENERAL. TO CREATE AN ENTIRELY NEW SECTION 54-7
ENTITLED "BALLOONS AND SKY LANTERNS" PROVIDING DEFINITIONS, PROHIBITION,
EXCEPTIONS, ENFORCEMENT, AND PENALTIES FOR THE RELEASE OF BALLOONS AND SKY
LANTERNS WITHIN THE VILLAGE; PROVIDING THAT EACH AND EVERY OTHER SECTION AND
SUBSECTION OF CHAPTER 54. OFFENSES. SHALL REMAIN IN FULL FORCE AND EFFECT AS
PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE, AND
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Per recommendation of the Environmental Committee, and as previously work shopped, this
ordinance regulating release of balloons and sky lanterns is presented for first reading.
Adopt on first reading; proceed to second reading in January, 2021.
Balloons and Sky Lanterns FINAL
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Agenda Item #10.
ORDINANCE NO.09-20
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 54. OFFENSES. ARTICLE I. IN
GENERAL. TO CREATE AN ENTIRELY NEW SECTION 54-7
ENTITLED "BALLOONS AND SKY LANTERNS" PROVIDING
DEFINITIONS, PROHIBITION, EXCEPTIONS, ENFORCEMENT, AND
PENALTIES FOR THE RELEASE OF BALLOONS AND SKY
LANTERNS WITHIN THE VILLAGE; PROVIDING THAT EACH AND
EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 54.
OFFENSES. SHALL REMAIN IN FULL FORCE AND EFFECT AS
PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE; A
SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the Village of Tequesta Environmental Committee has researched the issue
of balloon and sky lantern releases into the atmosphere and has identified a variety of negative
environmental consequences associated with this activity, especially related to wildlife and
marine animals and their habitats; and
WHEREAS, such wildlife and marine animals, including sea turtles, are known to ingest
the debris from fallen balloons and sky lanterns, which can damage their digestive systems and
in the worst -case cause death by starvation; and
WHEREAS, Florida's East Coast is home to some of the most densely utilized sea turtle
nesting beaches in the country; and
WHEREAS, even biodegradable balloons do not degrade quickly enough to avoid
ingestion by wildlife and marine animals; and
WHEREAS, the Village Council has been advised of the Environmental Committee's
findings, and as a result desires to act to prohibit the general release of balloons and sky lanterns
into the atmosphere within the Village of Tequesta; and
WHEREAS, the Village Council finds that the adoption of these regulations is in the
best interests of the Village of Tequesta, and will generally promote the public health, safety, and
welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT:
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Agenda Item #10.
Section 1: Chapter 54. Offenses. of the Code of Ordinances of the Village of Tequesta is
hereby amended at Article I. In General. to create an entirely new section 54-7 entitled "Balloons
and Sky Lanterns" providing definitions, prohibition, exceptions, enforcement, and penalties for
the release of balloons and sky lanterns within the Village; providing that Sec. 54-7 shall
hereafter read as follows:
Sec. 54-7. — Balloons and Sky Lanterns.
La) Definitions. For the purpose of this section, the following words, terms, and phrases shall
have the meanin s ascribed herein except where the context clearly indicates a different
meaning:
1. Atmosphere means the troposphere, stratosphere and other layers of air and uas that
envelope the Earth.
2. Floating balloon means a balloon of any type inflated with a gas that is lighter than air.
Floating balloons do not use flame for any purpose.
3. Sk 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.
bW Prohibition. It is unlawful to release any floating balloon or any sky lantern into the
atmosphere within the jurisdictional limits of the Village of Tequesta.
Lc)Exceptions. The prohibition contained in this section excludes the following activities:
1. Release of floating balloons indoors;
2. Release of sky lanterns indoors; or
3. Release of floating balloons, sky lanterns or other devices by a governmental or scientific
agency _ for meteorological or other bona fide scientific or governmental purposes.
Ld)Enforcement and penalties. The Village of Tequesta may enforce this section by means of its
code enforcement special mainstrate. through iudicial proceedings that seek declaratory or
injunctive relief or monetary damages, or by any other means available through law or
equity. Any person found to have violated the prohibition contained in this section shall be
subject to penalties in accordance with Village of Tequesta Code section 1-14 as well as any
other Denalty or relief available through law or equity.
0)
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Agenda Item #10.
Secs. 54-8 54-25. - Reserved.
Section 2: Each and every other section and subsection of Chapter 54. Offenses. shall
remain in full force and effect as previously adopted.
Section 3: All ordinances or parts of ordinances in conflict be and the same are hereby
repealed.
Section 4: Should any section or provision of this Ordinance or any portion thereof, any
paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder of this Ordinance.
Section 5: Specific authority is hereby granted to codify this Ordinance.
Section 6: This Ordinance shall take effect immediately upon adoption.
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