Ordinance No. 95-20-118ORDINANCE NO. 95-20-118
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES, BEACHES
AND PARKS, BY AMENDING SECTION 5-4, LITTERING, ADOPTING
NEW SECTION TO PROHIBIT THE OUTDOOR RELEASE OF
BALLOONS AND SKY LANTERNS; PROVIDING FOR ENFORCEMENT
AND PENALTIES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Atlantic Beach, has determined that
balloons and sky lanterns released into the atmosphere return to the earth as litter; and
WHEREAS, the City Commission 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, these balloons, many of which land in rivers, streams, marshes and the
ocean, represent one of the most common and destructive forms of floating garbage; and
WHEREAS, animals, such as sea turtles and other wildlife, 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 wildlife; and
WHEREAS, the City Commission of the City of Atlantic Beach believes balloon and
lantern releases should be prohibited in entirety to protect the air, land, and waters of the City;
and
WHEREAS, the City Commission wishes to prohibit the release of balloons and sky
lanterns; and
WHEREAS, the City Commission of the City of Atlantic Beach finds that these
revisions to the City of Atlantic Beach's code will preserve, promote, and protect the health,
safety, and welfare of its citizens.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF
OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA that:
SECTION 1. Chapter 5-4, of the Code of Ordinances of the City of Atlantic Beach, Florida is
hereby amended as follows:
Ordinance 95-20-118
Sec. 5-4. - Littering.
a) It shall be unlawful for any person to leave any paper, glass, cans, food, fish, crab,
cigarette butts, or other type of refuse upon the beach in the city.
b)It shall be unlawful and shall constitute a nuisance as defined in Chapter 12 of the City's
Code of Ordinances for any person to intentionally release, organize the release of, or
intentionally cause to be released anywhere within the City, including without
limitations the beach and public parks, one or more sky lanterns or balloons inflated with
a gas that is lighter than air which includes but it not limited to, helium, with the
exception of:
1. Balloons released by a person on behalf of a governmental agency or pursuant to
a governmental contract for scientific or meteorological purposes; or
2. Balloons released indoors.
c) The following terms and phrases shall have the meanings given herein for purposes of
this Chapter 5. Words not otherwise defined shall be construed to mean the common and
ordinary meaning.
Balloon means a flexible nonporous bag made from materials such as rubber, latex,
polychloroprene or nylon fabric that can be inflated or filled with fluid, such as
helium, hydrogen, nitrous oxide, oxygen, air or water and then sealed at the neck,
usually used as a toy or decoration.
Sky 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.
d) Enforcement and Penalties
i) Not withstanding any other provisions of the City's Code of Ordinances, the director
of public safety shall have exclusive control of enforcement of this section 5-4, and shall
issue written citations to persons who violate the provisions of the section.
iii) Violations of this section shall be punishable by fines as follows:
a. Two hundred and fifty dollars ($250.00) per balloon or sky lantern, up to a
maximum of one thousand ($1,000.00) for violations of Section 5-4 (b).
b. One hundred dollars ($100.00) for each piece for each piece of refuse left in
violation of Section 5-4 (a), up to a maximum of one thousand dollars
1,000.00).
Ordinance No. 95-20-118 Page 2 of 3
SECTION 2. Conflict. All ordinances, resolutions, official determinations or parts thereof
previously adopted or entered by the City or any of its officials and in conflict with this
ordinance are repealed to the extent inconsistent herewith.
SECTION 3. Severability. If a Court of competent jurisdiction at any time finds any provision
of this Ordinance to be unlawful, illegal, or unenforceable, the offending provision shall be
deemed severable and removed from the remaining provisions of this Ordinance which shall
remain in full force and intact.
SECTION 4. Effective Date. This ordinance shall take effect upon final reading and approval.
PASSED by the City Commission on first reading this 2'/ day of Fel, 2020.
PASSED by the City Commission on second and final reading this T' day of March
2020.
Attest:
10604:16_,
Donna L. Bartle, City Clerk
Approved as to form and correctness:
ur• n, City Attorney
CIT ANNTIC BEACH
E en lasser, Mayor
Ordinance No. 95-20-118 Page 3 of 3