Bill Text: NJ S2468 | 2018-2019 | Regular Session | Introduced


Bill Title: Prohibits intentional release of balloons inflated with lighter-than-air gases.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2018-04-12 - Introduced in the Senate, Referred to Senate Environment and Energy Committee [S2468 Detail]

Download: New_Jersey-2018-S2468-Introduced.html

SENATE, No. 2468

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED APRIL 12, 2018

 


 

Sponsored by:

Senator  DECLAN J. O'SCANLON, JR.

District 13 (Monmouth)

 

 

 

 

SYNOPSIS

     Prohibits intentional release of balloons inflated with lighter-than-air gases.

 

CURRENT VERSION OF TEXT

     As introduced.

 


An Act concerning the release of certain 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 the release of balloons inflated with lighter-than-air gases poses a danger and nuisance 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 an animal severe injury or death; that many more animals become entangled in balloon strings and are injured or strangled to death as a result; that several municipalities in the State, including Margate City, Longport Borough, Ventnor City, Egg Harbor Township, and Atlantic City, have prohibited the release of balloons inflated with lighter-than air gasses; and that a Statewide approach, however, is the most effective means of achieving a significant reduction in balloon debris and the environmental harm this debris causes. 

 

      2.     a. No person or entity shall intentionally release, intentionally organize the release of, or otherwise intentionally cause the release of a balloon 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;

     (3)   a balloon that is released and remains indoors; or

     (4)   a minor releasing five or fewer balloons at one time.

      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 Superior Court and the municipal court shall have jurisdiction to enforce the provisions of the "Penalty Enforcement Law of 1999."

 

      3.   This act shall take effect immediately.

 

 

STATEMENT

 

     This bill would prohibit the intentional release of a balloon inflated with lighter-than-air gas.  This prohibition would not apply to: a balloon released for scientific or meteorological purposes, on behalf of a governmental agency, or pursuant to a governmental contract; a hot air balloon that is recovered after launching; a balloon that is released and remains indoors; or a minor releasing five or fewer balloons at one time.

     The release of balloons inflated with lighter-than-air gases poses a danger and nuisance to the environment, particularly to 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.

     Recently, several State municipalities, including Margate City, Longport Borough, Ventnor City, Egg Harbor Township, and Atlantic City, have adopted ordinances which prohibit the intentional release of balloons inflated with lighter-than air gasses.  However, because released balloons often travel long distances before landing in oceans and other wildlife habitats, a Statewide approach is the most effective means of achieving a significant reduction in balloon debris and the environmental harm this debris causes. 

     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.

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