HomeMy WebLinkAboutDocumentation_Environmental Advisory Committee_Tab 04_11/13/2019 Agenda Item #4.
Environmental Advisory Committee (EAC)
STAFF MEMO �
Meeting: Environmental Advisory Committee (EAC) - Nov 13 2019
Staff Contact: Thomas Bradford Department: Environmental Advisory
Committee
Banning Release of Balloons
Banning the Release of Balloons Memo
2017-01-10 BACKUP Town Council
Ordinance No. 04-2017
Balloon Backup Info
Page 33 of 46
Agenda Item #4.
memo
Village of Tequesta Environmental Advisory Committee
To: Environmental Advisory Committee Members
From:
Thomas G. Bradford, Chair
CC:
Date: November 4, 2019
Re: Banning the Release of Balloons, et al
Comments: Instead of reinventing the wheel, I decided to provide you with a copy of the
memo and ordinance adopted by the Town of Palm Beach on this same subject
almost 3 years ago and a copy of an ordinance from the City of South Miami.
Items to note in the Palm Beach cover memo are:
♦ The info was researched by a student with oversight by a teacher.
♦ The ORS Committee of the Town Council vetted the issue and
recommended it to the full Town Council.
♦ Marine wildlife mistake balloons as jellyfish and ingest them
resulting in fatalities.
♦ 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
trine=&U RL=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.
If the EAC wishes for Tequesta to do same it is recommended someone make a
motion to do that and ask that I modify an ordinance to fit the Tequesta format
and provide it to the Village Council, provide a cover email/memo to the
Village Council explaining why an ordinance is requested and ask that the same
be done by them.
Page 34 of 46
Agenda Item #4.
z
Page 35 of 46
Agenda Item #4.
TOWN OF PALM H
Information for Town Council Meeting on: January 10, 2017
To- Mayor and Town Council
Vi a: Thomas G. Bradford, Town Manager
From: Jay Boodheshwar, Deputy Town Manager
Re- Amendment ofTown Code ofOrdinances at Chapter 70, Offenses, by Creating a.New
Section 70-9 Entitled Balloons and Sky Lantern Release
ease
Ordinance 1o. 4- 1'
Date: January 3, 2017
STAFF RECOMMENDATION
Staff recommends Town Council approve ordinance No. 4- 17, amending the Town Code of
Ordinances at Chapter 70, Offenses, by Creating a New Section 70-9 Entitled Balloons and Sky
Lantern Release, as recommended by the ordinances') Rules and Standards Committee.
GENERAL INFORMATION
In the early Fall of 2016 ta.f f presented a. proposal (ors behalf of ORS) to the Palm Bach Day
Academy to research the effects of balloons and single-use plastic bags on the environment,
sped icall r in coastal communities. Under the supervision and guidance of Ms. Sarah
m n ss of the Palm Beach Day Academy, 9-d1 grade student Gray Foster took on the challenge.
Mr. Foster completed extensive research into both natters and presented his research findings
and recommendations to the ORS Committee on December 8,, 2016. Mr. Foster's research sheds
a light on the adverse environmental impact of balloons and other debris in our oceans and
waterways, including the unnecessary fatalities caused to man'ne wildlife who mistake balloons
as i el l rf1 sh and 1 ng st them.
Mr. Foster accurately points out.that Section 9.2 f the Florida. Statutes already prohibits the
release of balloons into the atmosphere, but it doesn't address sky lanterns and only prohibits the
release of 10 or more balloons in a 4-hour period. In response to a call for action by the
Loggerhead 1 aria life Center (see attached), multiple communities in South Florida have
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-
Made County.
Page 36 of 46
Agenda Item #4.
The ORS Committee agreed with Mr. Foster"s recommendation to present an ordinance to Town
Council, banning the release of balloons and sky lanterns in Palm Beach, which is attached for
your consideration.
TOWN ATTORNEY REVIEW
The Town Attorney prepared and approved Ordinance No. 04-2017.
Attachment
cc: John C. Randolph, Town Attorney
Department Directors
Nicholas Can'sto, Police Captain
Benjamin Alma,, Code Enforcement Manager
Page 37 of 46
Agenda Item #4.
ORDINANCE NO. 04-2017
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
PALM BEACH, PALM BEACH COUNTY, FLORIDA, AMENDING
NDIN G
THE TOWN CODE OF ORDINANCES AT CHAPTER 70,
OFFENSES BY CREATING A NEW SECTION o-g ENTITLED
BALLOONS AND SKY LANTERNS RELEASE; PROVIDING FOR
THE PROHIBITION ON THE RELEASE OF BALLOONS AND SIB
LANTERNS WITHIN THE TOWN; PROVIDING DEFINITIONS
REGARDING THE SAME; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; PROVIDING IDING AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
WHEREAS, the Town Council of the Town of Palm Beach, Palm Beach Counter,
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, andr
WHEREAS, marine animals, such as sea turtles, mistake a 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 slay
lanterns; and,
WHEREAS, the Town Council of the Town of Palm Beach finds that these revisions
to the Town's code will preserver promote, and protect the health, safety, and welfare of its
citizens.
Page 38 of 46
Agenda Item #4.
BE IT ORDAINED AINED 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 0-9 to read as follows:
Section 0- — Balloons and Sky Lanterns Release.
(1) person shall release any balloon or balloons inflated with a gas that is fighter than
air or any sky lantern within tyre jurisdictional limits of the Torn 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 lamer 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. se erabilit r.
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 previsions 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.
Ordinance No.C ; O'17 Page 2 of
Page 39 of 46
Agenda Item #4.
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 1 01h day of January: 2017, and for second
and final reading on this 14th day of February, 2017.
I k. C onig']-Id' M-'ay�ovr Ric M hard - Kleld, Town Council President
LL
Cor
Danielle H. Moore, Co it President Pro Teri
N,
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pia Ara kog, ci Town Cou Member
s ci
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14-.C
ft- ----rie�-Cindlsay,. Town M mber
ATTEST gobb Coun
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Susan A. Owens, MMC: T&n (?:�4rk Margaref Zeidma�, Town Council Member
Ordinance No. 04-2017 Page 3 of 3
Page 40 of 46
Agenda Item #4.
1 ORDINANCE NO.
2 An Ordinance amending Chapter 13A of the Code of Ordinances of the City
3 of South Miami, Florida, entitled "Balloon Regulations," providing for the
4 regulation of balloon usage and balloon releases in the City limits.
5 WHEREAS,there are two types of balloons in general use—latex and mylar; and
6 WHEREAS, although latex balloons are considered blo-degradable, it takes anywhere
7 from 6 months to 4 years to decompose and they can wreak havoc before they do; and
8 WHEREAS, mylar balloons are far less friendly to the environment — they are made
9 from metalicized polyester, which is dirty in both production and disposal; and
10 WHEREAS, all released balloons, whether they are released intentionally or not, return
11 to Earth as litter and contribute to marine debris; and
12 WHEREAS,balloons return to the land and sea where they can be mistaken for food and
13 eaten by animals. The resulting debris from released balloons bears a strong resemblance to
14 jellyfish or squid, which all species of sea turtles have been documented to cat; and
15 WHEREAS, sea turtles, dolphins, whales, fish and birds have been reported with
16 balloons in their stomachs which can lead to stoppage of the gut and eventual starvation; and
17 WHEREAS, the ribbons and strings attached to balloons can lead to entanglement,
18 causing death; and
19 WHEREAS, Florida's East Coast is home to some of the most densely utilized sea turtle
20 nesting beaches in the country and the City Commission wishes to protect them; and
21 WHEREAS, the City Commission desires to adopt this ordinance to help prevent harm
22 caused by the release of lighter-than-air balloons.
23 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
24 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
25 Section 1. Chapter 13A, shall be amended to include a new Section 13A-22 of the
26 City of South Miami Code of Ordinances which shall read as follows:
27 Sec. 13A-22. — Release of balloons prohibited.
28 (a) It shall be unlawful for any person to violate the terms of this section:
29 (1) Balloons inflated with lighter-than-air gases shall not be released
30 in the City limits..
31 (2) Any balloons filled with gases that are lighter than air, such as
32 helium, shall, immediately after inflation, be tied securely to an
33 object heavier than the balloon a fishinp,weight, heavy
34 washer, rock, stick, etc.} and a paper tag shall be attached to the
35 strinp,/ribbon attached to the balloon that states: "Releasinp, this
Page I of 2
Page 41 of 46
Agenda Item #4.
1 balloon will, harm the environment/ Soltando este �,Ylobo al afire
2 dan-ara" la naturaleza."
3 (3) A rat occurring in the City ghat distributes or sclls light-than__
4 air balloons shall display a clearly legible (bold--print that Mpears
S equal to or greater than 20 point ront) copy of.this section of the
6 City focie of Ordinances in a. prominent location where it can be
7 seen by all p.ersons who-reccivc such balloons.
8 (b) This section shall not apply to balloons released by a person on. behalf of a
9 povernmental Lagency, or mstitution of post-secondary education for
10 meteorological purposes..
11
12 Section 2. Codification. The provisions of this ordinance shall become and be made
13 part of the Land Development Code of the City of South Miami as amended.
14 Section 3. everabxlit If any section, clause, sentence, or phrase of this ordinance
is Is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this
16 holding shall not affect the validity of the remaining portions of this ordinance or the Guidelines
17 adopted hereunder.
18 Section 4. Ordinances in Confllel. All ordinances or parts of ordinances and all
19 sections and parts of sections of ordimmces in direct conflict herewith are hereby repealed.
20 Section S. Effective Date. This ordinance shall become cffectivc upon enactment.
21 PASSED A_ND ENACTED this day of 20
22
23 A"I"FEST: APPROVED:
24
25
26 CITY CILERK MAYOR
27 1" Reading
28 2 nd Reading
29
30 READ AND APPROVED AS TO FORM- COMMISSION VOTE:
31 LANGUAGE., LUIALITY AND Mayor Stoddard-
3
TrI]2 EXECU ON THEREOF Vice Mayor Welsh:
33 Commissioner Edmond:
34 Commissioner Hai-ris.
35 Commissioner Liebman:
36
-37 CITY ATTORN L-4 Y
-38
Page 2 of 2
96
Page 42 of 46
Agenda Item #4.
S:JNWN JUNE V 201f. NEIGHBORS HBORS 33SE
MIAMMERALD.COM I
� ~Y
CIrI-,y OF SOUT1-I MIAMI
COURTESY NOTICE
NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida.will conduct Public Hearing(s)at its
rc�ular City Commission mectin�scheduled for Tuesday,June 21,2016,beginning at 7:C)0 p.m.,ill the City Commission Chambers,
6130 Sunset Drive,to consider the following itc:tn(s):
A Resolution relating to an application for waiver ofplat for the subdivision of property loc;atcd at 6050 SW 81 Street.
A Resolution approving special exceptions waiving strict compliance xvith the lot c ovc;ragc:, parlting, height, and
setback provisions of the Hometown District Overlay Ordinance for a proposed addition located at 5975 Sunset Drive.
A Resolution approving and authorizing the City Manager to execute a three (3}ycar (October l, 2015—September
30, 2018 ) agreennent between the.Mianii-Dade County Police Benevolent Association Collective Bargaining Union
("Lieutenants&Captain;") an(I the City of South Miami.
A, Resolution authorizing the City Manager to enter into a three-year agreement with AT & T to replace existing,
network connections at Parks and Recreation,Public Works and Cite Hall.
An Ordinance amending Chapter 13A, Section 13A_22 of the City of SoLtth Miami Cade of Ordinances, entitled
Balloon Regulations."providing for the regulation of balloon usage and balloon rcicases in the City limits.
An Ordinance amending the Land Development Code,Article 111,``Zoning Regulations."Section 20-3.6."Suppicrilental
Regulations,"to amend and clarif,the height limitations On fences,walls,hedges and similar features ill residential
zoning districts.
Ali Ordinance amending Section 20-5,4, "C'oinplete applications required," Section 20-5.5, "Applications requiring
public hearings,"* and Section 20-5.6, ``Applications in enc:ral," of the South Miami Lana Dcvclopment Code to
establish requires-rents for a transportation impact analysis,and ether changes including c01-rection ofnatnes,clarifying
notice requirements. and establishing authority to defer all item.
ALL interested parties are invited to attend and will be heard.
For further itxfortnation,please contact the City Clerk's Office at: 305-663-6340.
Maria M.Menendez.CMC'
City Clerk
Pursuant to Flnrida Statutes 286.0105,the City hereby advises the public that if a person deckles to appeal amr decision madc by this Boa)-d,AgenCy Or
Cornni scion with respect to anN,,inatter considered at its meeting or hearing,lie or she will need a record of the proceedings,and that for such purpose.
affected person may Zieed to ensure that a verbalim record ofthe proceedings is mace which record includes the testimonv and evideiic"e:iipon which the
�Ipl,cal is to be based.
Page 43 of 46
Agenda Item #4.
MIAMI DAILY BUSINESS REVIEW
Published()ally excepl Saturday,Sunday and
Legal Holidays
Miami,Ifiami-Dade Comity FIL)iida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE: col-
Before the undersigned authority personally appeared ✓
OCTELMA V FERBEYRE. who on oath says that he or st)e is
the VICE PRESIDENT, Legal Notices of the Miami Daily
Business Review f/k/a rVl1aln1 Review, a daily (except Incoapt RATI IF
.4, 1 S)2 7
Saturday, Sunday and Legal Holidaysi newspaper I'V
published at Miami in Miami-Dade County. Florida, that the
attached copy of advertisement. being a Legal Advertisement
of Notice in the matter of CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI-JUNE 2NOTICE IS HEREBY given that the City Commission of the City of South
2 0 16
Miami,Florida will conduct Public Hearing(s)at its regular City Commission
meeting scheduled for Tuesday, June 21,2016,beginning at 7:00 p.m., in
in the XXXX Court. the City Commission Chambers, 6130 Sunset Drive, to consider the
was published in said newspaper in the issues of following itemi(s):
06/10/20!6 A Resolution relating to an application for waiver of plat for the subdivision
of property located at 6050 SW 81 Street.
A Resolution approving special exceptions waiving strict compliance
Affiant fLj;4Lher says that the said Miami Daily BLIsiness with the lot coverage, parking, height, and setback provisions of the
Re\,iew is a newspaper published at A111ami, in said Hometown District Overlay Ordinance for a proposed addition located
Miami-Dade County, Florida and that the said newspaper has at 5875 Sunset Drive.
heretofore been continuously published in said Miami-Dade A Resolution approving and authorizing the City Manager to execute a
COLinty Florida each day (except Saturday. Sunday and three(3)year(October 1,2015-September 30,2018)agreement between
Legal Holidays/ and has been entered as second class mail the Miami-Dade County Police Benevolent Association Collective Bargaining
matter at the post office in Miami in said Miami-Dade County Union("Lieutenants&Captains")and the City of South Miami.
Florida. for a period of one year next preceding the first A Resolution authorizing the City Manager to enter into a three-year
Publication of the attached copy of adverlisernent. and affiant agreement with AT&T to replace existing network connections at Parks
further says that he or she has neither paid nor promised any and Recreation,Public Works and City Hall.
person, firm or corporation any discount. rebate. Commission An Ordinance amending Chapter 13A,Section 13A-22 of the City of South
or refund for the Purpose of securing this advertisement for Miami Code of Ordinances, entitled :'Balloon Regulations," providing for
publication in the;Wd newspa
the regulation of balloon usage and balloon releases in the City limits.
An Ordinance amending the Land Development Code, Article III,
"Zoning Regulations," Section 20-3.6,"Supplemental Regulations," to
amend and clarify the height limitations on fences, walls, hedges and
similar features in residential zoning districts.
Sworn to and SUbSCribed before me this
10 day of JUNE D.2016 An Ordinance amending Section 20-5.4,"Complete applications required,"
Section 20-5.5, "Applications requiring public hearings," and Section
20-5.6, "Applications in general," of the South Miami Land
Development Code to establish requirements for a transportation
tSEALi impact analysis, and other changes including correction of names,
clarifying notice requirements,and establishing authority to defer an item.
OCTELMA V.FERBEYRE personally known to me
ALL interested parties are invited to attend and will be heard.
RHONOA N70 A RA�PE TI!R
11S, L
SI(j IN X FF23,407
IM PELTIER For further information,please contact the City Clerk's Office at:305-663-6340.
-)4-1N1lSSI01%l 9 F1723-10407
-F.,7, Q
klay 17 2019 Maria M.Menendez,CMC
City Clerk
ICU_44 T
Pursuant to Florida Statutes 286.0105, the City hereby advises the public
that if a person decides to appeal any decision made by this Board,
Agency or Commission with respect to any matter considered at its
meeting or hearing, he or she will need a record of the proceedings, and
that for such purpose,affected person may need to ensure that a verbatim
record of the proceedings is made which record includes the testimony
and evidence upon which the appeal is to be based.
6/10 16-96/0000122622M
Page 1 age 44 of 46