A5800

An Act concerning the planned release of balloons and supplementing Title 13 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. The Legislature finds and declares that releasing balloons inflated with lighter-than-air gases presents danger and unnecessary risk to the environment, particularly to wildlife and marine animals; that many animals are attracted to the bright colors of balloons and mistake them for food which can cause severe injury or death; that many more animals become entangled in balloon strings and are injured or strangled to death as a result; that Atlantic City, Asbury Park, Bradley Beach, Brigantine, Cape May City, Egg Harbor City, Long Beach Township, Longport Borough, Margate City, New Milford, North Wildwood, Sea Isle City, Somers Point, Upper Township, Ventnor City, and several other municipalities have prohibited the release of balloons inflated with lighter-than-air gases; and that a Statewide ban on the planned release of multiple balloons at events is the most effective means of achieving a significant reduction in balloon debris and the environmental harm the debris causes.

2. a. No person or entity shall organize or execute a planned release of balloons inflated with a gas that is lighter than air, except for:

(1) a balloon released for scientific or meteorological purposes, on behalf of a governmental agency or pursuant to a governmental contract;

(2) a hot air balloon that is recovered after launching; or

(3) a balloon that is released indoors and remains indoors.

b. Any person or entity who violates this section shall be subject to a civil penalty of up to $500 for each offense, to be collected in a civil action by a summary proceeding under the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.). The release of multiple balloons at one time shall be considered a single offense for the purposes of this section. The Department of Environmental Protection, the Department of Health, or any other entity certified pursuant to the “County Environmental Health Act,” P.L.1977, c.443 (C.26:3A2-21 et seq.) may enforce the provisions of this section. The Superior Court and the municipal court shall have jurisdiction to enforce the provisions of the “Penalty Enforcement Law of 1999.”

c. The Department of Environmental Protection, Department of Health, or an entity certified pursuant to the “County Environmental Health Act,” P.L.1977, c.443 (C.26:3A2-21 et seq.) may institute a civil action for civil penalties or for injunctive relief to enforce this act and to prohibit and prevent a violation of this act, and the court may proceed in the action in a summary manner.

d. As used in this section, “planned release” means the intentional release of a balloon inflated with gas that is lighter than air at an event or gathering.

3. This act shall take effect 90 days after the date of enactment.

STATEMENT

This bill would prohibit the intentional release of a balloon inflated with lighter-than-air gas. This prohibition would not apply to:

1) a balloon released for scientific or meteorological purposes on behalf of a governmental agency or pursuant to a governmental contract;

2) a hot air balloon that is recovered after launching; or

3) a balloon that is released indoors and remains indoors.

The bill defines “planned release” as the intentional release of a balloon inflated with gas that is lighter than air at an event or gathering.

The planned release of balloons inflated with lighter-than-air gases present unnecessary risks to the environment, particularly by endangering wildlife and marine animals. Many animals are attracted to the bright colors of balloons and mistake them for food which can cause severe injury or death. Many more animals become entangled in balloon strings and are injured or strangled to death as a result. Furthermore, Mylar balloons pose a safety risk when they come in contact with electrical power lines. Mylar balloons have contributed to downed electrical wires resulting in power outages.

Atlantic City, Asbury Park, Bradley Beach, Brigantine, Cape May City, Egg Harbor City, Long Beach Township, Longport Borough, Margate City, New Milford, North Wildwood, Sea Isle City, Somers Point, Upper Township, Ventnor City have already adopted ordinances which prohibit the intentional release of balloons inflated with lighter-than-air gases. Nevertheless, a Statewide approach is the most effective means of achieving a significant reduction in balloon debris, and the environmental harm and safety risks the debris causes.

Finally, the bill provides that a person or entity that violates the provisions of this bill would be subject to a civil penalty of up to $500 for each offense. The release of multiple balloons at one time would be considered a single offense.